EU Citizens’ Rights and Settled Status Brexit and You event with New Europeans, Greek community on 1 March 2019 (information subject to change)
Agenda • Background • EU Settlement Scheme – Overview • EU Settlement Scheme – Application Process (screenshots of application stages for your reference only) • FAQs • Impact of no deal • Some common terms explained (for your reference only) • Q & A 2
Background – Setting the scene Theresa May’s Deal – current status Initially voted down on 16 January 2019. Another ‘Meaningful vote’ is expected by 12 March 2019 Possible outcomes: Brexit delayed Revised deal No Deal Second Current deal agreed If current deal and no deal are Must be approved by referendum with agreed both rejected, Govt. expected to Parliament by 13 March put forward motion to extend potential no Article 50 to end of June Brexit What does this mean for you? In all scenarios except if there is no Brexit at all, free movement will end (either on 31 December 2020 under the current proposed deal, or on 29 March 2019 if there is no deal) and you will need to apply for status under the EU Settlement Scheme. The key differences between a deal and no deal scenario are the key dates by which you and family members need to be resident and apply by (along with other factors such as appeal rights) 3
Background – The timeline (as we know so far) Govt. may request an extension to June 2019 depending on votes on 12 & 13 March 2019 23 JUNE 2016 29 MARCH 2019 1 JANUARY 2021 21 JUNE 2018 Referendum on The UK leaves the EU at Transition period ends, as Details of the EU Settlement membership of the EU 11.00pm. Settlement Scheme does free movement. New Scheme announced took place in the UK open to all applicants entrants may need a visa and permission to live in the UK 30 MARCH 2019 TO 30 JUNE 2021 29 MARCH 2017 AUTUMN 2018 21 January Deadline for pre-settled Article 50 of Lisbon Treaty – Pilot 1 2019 – Pilot 2 31 DECEMBER 2020 and settled status triggered, starting the two EU nationals can apply for pre- Home Office began Home Office began applications if there is a year negotiating period settled or settled status. Those to accept pre-settled to accept pre-settled deal ( if there is no deal , before leaving the EU entering during this period for over status and settled status and settled the deadline is 31 three months may need to register status applications status applications their presence (apply for December 2020 ). from EU nationals from employees of European Temporary Leave to and family members certain NHS and Deadline to apply for Remain). holding BRP cards status in the withdrawal educational If there is no deal, 31 December agreement which was institutions. You can potentially 2020 is the deadline to apply for voted down apply from now status and you must be living here by 29 March 2019 4
EU SETTLEMENT SCHEME Who can apply? 5
EU Settlement Scheme – Who should apply if there is a deal • EU nationals exercising treaty right of free movement in the UK • Their family members (who can be ‘third country nationals’) who reside in the UK on the basis of their relationship to an EU national • Family members relocating to the UK, provided that the relationship existed by 31 December 2020 • EU nationals who hold a EC Residence Card or EC Permanent Residence card will also need to apply unless they will apply to naturalise as a British citizen before the end of 2020. Holding a permanent residence card does not exempt you from making the settled status application, you need to convert this to settled status or acquire citizenship • If you already hold British citizenship, you do not need to apply. 6
EU Settlement Scheme – Who should apply if there is no deal? • EU Settlement Scheme will remain the same as proposed for those resident in the UK by 29 March 2019. Those who have settled status will continue to be able to leave the country for up to 5 consecutive years without losing their right to return • This guarantee would only extend to those resident in the UK by 29 March 2019 . They will need to apply by 31 December 2020. • Family members relocating to the UK, provided that the relationship existed by 31 December 2020 • Family members : Existing close family members can join an EU national who holds settled status in the UK. They must apply by 29 March 2022 provided that the relationship existed by 29 March 2019 and continues to exist. After this date, UK Immigration Rules will apply. Children born overseas after 29 March are protected. • If the relationship did not exist by 29 March 2019: Close family members must apply to join an EU national by 31 December 2020 . After this date, UK Immigration Rules will apply. • From 30 March 2022: Family reunion rights of EU citizens fully brought into line with UK nationals. 7
EU SETTLEMENT SCHEME Overview 8
Settled or Pre-Settled Status ‘Settled status’ ‘Pre - settled status’ • Resident for 5 years or more in the UK • Resident for less than 5 years in the UK • Resident in the UK by 31 December • Resident in the UK by 31 December 2020 (unless no deal) 2020 (unless no deal) • Those who apply before 30 March 2019 • Those who apply before 30 March 2019 will pay £65 for adults and £32.50 for will pay £65 for adults and £32.50 for children which will then be reimbursed children which will then be reimbursed • 2-3 week processing time • 2-3 week processing time • Apply by 30 June 2021 (31 December • Apply by 30 June 2021 (31 December 2020 if no deal) 2020 if no deal) • Absences: • Absences – Once you have settled to qualify for and to status, you will lose it if you are absent maintain pre-settled status, you must from the UK for 5 consecutive years ensure your absences do not exceed 6 months in any 12 month period. • There is a single exemption allowed for a single absence of up to 12 month for an important reason. e.g. childbirth, overseas posting, sickness • Once you have reached five years of residence, you will need to convert to settled status 9
OVERVIEW OF ALL STEPS Step 1: Step 2: Step 3: EU national or non-EU national family member of an EU national Applicant downloads the app and Applicant verifies contact details Applicant scans their passport on with a BRP card decides to apply enters contact details. The app is through a pin sent to them via the the app and takes a selfie. Identity under the EU Settlement Scheme only available on Android devices contact details entered in Step 1 information is then verified Step 5: Step 6: Step 4: The UKVI will use the applicant’s Pay the application fee (£65 for Step 7: Applicant completes the online adults and £32.50 for children, free NI number to search HMRC application form (this will also be If the applicant has resided in the for those with residence cards). records to verify length of sent to the applicant via email). UK for longer than the Home The fee will not be payable from residence . The online system will Office’s assessment, they can The NI number will be required 30 March and applicants under the state whether the applicant is being and the applicant will declare any upload further documents pilot will be able to claim a considered for Settled or Pre- criminal activity reimbursement Settled status Step 10: Step 11: Settled or Pre-Settled Status is Step 9: If the application is rejected, the Step 8: awarded . The applicant receives The UKVI checks the applicant’s applicant can apply for an The UKVI reviews the extra an email of confirmation with links records for serious criminal administrative review or reapply. information to an online portal. They can give convictions May be able to appeal if they apply access to employers to confirm after 29 March 2019 right to work in the future 10
Overview of required documents EU nationals will require the following: • Original valid passport; • National Insurance number; • A credit or debit card to make payment- Until 30 March 2019; • Individuals may also need to provide proof of residence (e.g. P60s, bank statements, utility bills) Non-EU nationals will require the following: • Passport number • Original biometric residence card • National Insurance number • A credit or debit card to make payment- Until 30 March 2019 • Evidence of relationship to EU sponsor who is residing in the UK (e.g. birth certificate, marriage certificate, evidence of cohabitation) • Individuals may also need to provide proof of residence (e.g. P60s, bank statements, utility bills)
EU Settlement Scheme- Screenshots of the application process (for your reference, we will not cover in detail)
Step 1: Evidence of identity- the app
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