There are a little over 3.35 million EU nationals living in the UK. Many of them have lived and worked here for decades. They may have come here for a job, to join family members or stayed after studying because they fell in love. The way in which their rights have been used as a pawn in negotiations with the EU over the last few years has been, to put it lightly, inappropriate.
In the short-term, for these nationals, nothing changes at 11pm tonight. The UK formally leaves the EU but we remain in a transitional period where both parties have agreed that we will essentially act as if the UK is still a member state until 31/12/2020. At this point, unless the transitional period is extended further, we are on our own. The Government intends to use this 11-month period to negotiate what seems likely to be one of the most complex trade deals of all time. We could either come to an amicable agreement or face a delayed ‘no-deal’ situation.
Practically, this means that free movement hasn’t stopped – not yet anyway. British nationals can continue to travel and work in the EU, and vice-versa. EU nationals who arrive in the UK during this transition can also apply for ‘pre-settled status’ which means they can be issued 5-years of leave to remain in the UK and the likelihood of being able to settle in here in the future. They will also retain the ability to have their family members joining them in the UK for the rest of their lives. EU nationals who have lived here more than 5 years (either already having lived here or once they have completed their time as pre-settled) are able to apply for ‘settled status’, a form of Indefinite Leave to Remain.
Those who arrive in the UK after 31/12/2020 will not be able to apply for this status and will have to make applications under another section of the immigration rules, such as coming here for a visit, to work or study. Their nationality in itself will not permit them entry.
The next major deadline for EU nationals in the UK is 30/06/2021. By this date, all EU nationals in the UK must have applied for settled or pre-settled status in order to continue living in the UK. The current uptake of this scheme has been promising, with an estimated 78% of EU nationals living in the UK having already applied.
Another major change is that if someone from today (31/01/2020) applies for and is refused either settled or pre-settled status they will have a right to appeal this decision to an independent judge. Previously, there was only a right for an administrative review with the Home Office. More significantly, this right of appeal also exists for those who applied for settled status but were only issued with pre-settled. Unfortunately those who have already applied do not have this right but there is nothing to stop them, if refused, from making new applications and seeking a right of appeal should they wish.
There are still a significant minority of EU nationals who have not registered under this scheme. Many of these will be older people, vulnerable adults or those with less access to technology as the application scheme operates either online or via a smartphone app. Many local councils and charities are offering assistance to people in this situation and providing help for those who may have trouble navigating the process.
What happens to those EU nationals who don’t apply by June 2021 is unknown. Whilst, technically, they could be removed as unlawful – this seems unlikely. From a political perspective, a mass removal of previously lawful EU nationals would be devastating. More likely would be some sort of amnesty policy.
Today is a seismic day for the UK and it is our duty to ensure that those who have lawfully made the UK their home since we entered the EU in 1973 are appropriately protected.
If you would like to speak to an expert regarding your immigration queries, we have a team of experienced advisers who are more than happy to help!
To speak with a member of our team please call us, request a callback at your convenience, message us your enquiry or email enquiry@broudiejacksoncanter.co.uk.