I am an EU Citizen and I work in the UK, what will be my immigration status once Brexit occurs?
This is one of the main concerns for EU citizens living and working in this country. In response to this, the UK government has created the EU Settlement Scheme to help EU Citizens and their families qualify to live in the UK beyond 31 December 2020. The “voluntary test phase” for the scheme opened today – the 21st January 2019, but plans to fully open to applicants by the 30th March 2019.
What is the EU Settlement Scheme?
The EU Settlement Scheme is a programme to allow people who are EU citizens to continue to live and work in the UK beyond 31 December 2020. It is thought that there are over three million EU citizens living in the UK who will need to apply for the scheme.
Those who qualify under this scheme would be eligible for public services such as healthcare and education, public funds and pensions, and British citizenship if they meet requirements and choose to apply.
Under the scheme, if you have been a resident of the UK for more than 5 years, you are eligible for settled status. If you have been in this country for less than 5 years, you are eligible for pre-settled status.
By obtaining ‘Settled Status’ EU citizens can:
- stay in the UK indefinitely; and
- if they meet the requirements can apply for British Citizenship
By obtaining ‘Pre-Settled status’, EU Citizens can:
- stay in the UK for a further 5 years from the date they get pre-settled status
- can apply for settled status as soon as they have lived in the UK for 5 years
Non-EU Family members of eligible EU citizens who are living in the UK by 31 December 2020 are also eligible to apply. If you are a close family member—a spouse, civil partner, unmarried partner, dependent child or grandchild, or dependent parent or grandparent—regardless of where you are from. Family members will have to show their relationship to an EU citizen living in the UK. Children born or adopted after 31 December 2020 and future dependents will have their rights protected.
You do not need to apply if you are Irish citizen, but your family members from outside the UK and Ireland will.
Who is eligible?
EU, EEA, EFTA and Swiss nationals residing in the UK will be able to apply to the UK’s Settlement Scheme, and will need to do so by June 2021.
The application process
Applications for the scheme will be taken online and can be filled out via a computer, tablet, or smartphone.
It will involve following a three stage process:
- Verifying Proof of Identity – with an EU passport or National Identity card
- Confirming Proof of Residence – You may be able to do this through your National Insurance Number
- Completing the Criminality Check – You will be required to declare any criminal convictions.
Payment
There is no charge for this application.
What if an application is rejected?
In response to this the government has said that eligible applicants would have 28 days from the date of their decision to apply for an administrative review, there is no clarification on the costs of the appeals process.
Important dates
The scheme was phased in by stages during 2018. It will open fully by the 30th March 2019.
Residents who are living in the UK by 31st December 2020 have until 30th June 2021 to apply to the EU Settlement Scheme.
Your rights will remain unchanged until then.
Source: Law Express
12/02/219
