EU Citizens in the UK

EU Settlement Scheme: Your Residence Rights in the UK after Brexit.

The UK has formally exited the European Union. On 1 January 2021, unrestricted movement of people between the UK and the EU has stopped.

As of 1 January 2021, EU citizens who wish to come to the UK to work and live require a permit or visa. All EU citizens living in the UK by 31 December 2020 can apply to stay on afterwards through the EU Settlement Scheme.

31 January 2020
UK formally exited the EU

1 January 2021
Free movement between EU and UK stopped

30 June 2021
Settlement Scheme deadline for applications

How does Brexit affect my rights in the UK?

If you arrived in the UK before 31 December 2020, you will need to take steps to regularise your stay after Brexit. You are able to apply for Settled or Pre-Settled status through the Settlement Scheme. The deadline for applications is 30 June 2021. Failure to make an application by the deadline will result in the person becoming unlawfully resident in the UK

The EU Settlement Scheme is designed for EU citizens and their non-EU family members already living in the UK who wish to stay on after Brexit. If your application under the EU Settlement Scheme is successful, you will be granted either a settled status or a pre-settled status.

Any EU citizen and their non-EU family members who have lived in the UK for at least 5 years may qualify for settled status.
Before completing the 5-year qualifying period, you may be eligible for a pre-settled status to continue living and working in the UK.

If you have already lived in the UK for longer than 5 years, you are likely to have already secured a document certifying your right to permanent residence (for EU nationals) or a permanent residence card (for non EU-family members). However, after 31 December 2020 the document certifying permanent residence is no longer valid. Permanent residence cards will be cancelled after 30 June 2021.

To continue living in the UK, you must apply under the EU Settlement Scheme to “convert” your permanent residence to a settled status, also known as indefinite leave to remain. Alternatively, you can apply to naturalise as a British citizen.

Non-EU family members living in the UK by 31 December 2020 also need to apply to the EU Settlement Scheme.

Non-EU family members who are not living in the UK by 31 December 2020 may join their EU family member in the UK if

  • The relationship began before 31 December 2020 and still exists; and
  • their EU family member was resident in the UK by 31 December 2020 and has successfully applied to the scheme by 30 June 2021

In certain circumstances, you can lodge an appeal against a refusal. If you suspect a casework error, a request for an administrative review of the application might be a route to a faster resolution.

Do you have questions about your UK rights after Brexit?

Fill out our Quick Consultation form below or call us at 02083322069.

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