Overview:

 

Until the transition period ends, EU citizens may live and work in the UK if they are exercising their rights under EU law, in exactly the same terms before the UK left the EU, (31st January 2020).  Unless the transition period is extended, free movement will end on the 31st December 2020. 

 

This means if you are an EU citizen residing in the UK either as a worker, a self-employed individual, a self-sufficient person, or as a student, you can continue to live and work in the UK, exactly the same way as before. Moreover, provided you can demonstrate the above, your family members are entitled to join you and live with you in the UK.

 

After the transition period ends, the UK government has proposed a new immigration system, whereby the same rules for work visas will apply to EU citizens as they will for non-EU nationals. Although not all these rules are clear, it is important (for all EU citizens living in the UK), to  apply for the EU settlement scheme.

   

Quick Facts:

 

 

What is the current situation for EU Citizens Living in the UK & Those Moving To The UK?

 

If you are an EEA or Swiss national wishing to stay living in the UK or wishing to move to the UK after the 31st December 2020, you will need to apply for the EU settlement scheme.

 

Any EU Citizens who moved to the UK before the end of the transition period (31st December 2020), will be able to stay as long as they also apply to the EU settlement scheme. The deadline for applying is the 30th of June 2021. 

 

To apply to this scheme, you must arrive and be living in the UK by the 31st of December 2020. You will have until the 30th of June 2021 to apply to the scheme. If  you are an EU citizen thinking of relocating to the UK, you should try and move before 31st December 2020. 

 

Am I entitled to ’settled status’ under The EU Settlement Scheme?

 

EU citizens who have lived continuously in the UK for a period of five years will be eligible for settled status under the EU settlement scheme. You do not need to have lived in the UK for the last five years. Any five year period is fine as long as you have travelled back to the UK at least once every five years, since the end of the five year period you are relying on. Settled status under the scheme will give you the same rights as a permanent residence in EU law. You do not need to show that you were exercising a right of residence under EU law, actual residence is enough.

 

In addition, family members of EU nationals who have obtained settled status under the EU Settlement scheme by 30th June 2021,  will be able join their EU national family members until March 2022.

 

 

Am I entitled to ‘pre-settled status’ under  The EU Settlement Scheme?

 

EEA and Swiss citizens who live in the UK for less than five years are eligible for pre-settled status. This is a temporary status which can later be converted into settled status.

Family members of EU nationals who obtain pre-settled status under the scheme by the 30th June 2021, can join their EU family members until March 2022.

 

What is the current situation for British Citizens living in an EU Member State or those moving to an EU Member State?

 

British citizens who start exercising a right of residence in another EU member state before the end of the transition period, will be able to stay in that country  but will need to register with the authorities in the country where you wish to reside.

 

If you are a British citizen thinking of moving to an EU member state, you should try and move before the 31st of December 2020.

 

 

What is the current situation for Irish citizens living in the UK?

 

Irish citizens do not need to apply to the EU Settlement Scheme. They will be free to live, study and work in the UK after the transition period without requiring additional immigration permission to do so. This is also the case for British citizens residing in Ireland. 

 

Irish citizens will also be able to use their Irish passports as valid proof of stay.

 

Although they are not required to do so, Irish citizens and their family members are also able to apply under the EU settlement scheme.

 

Employers:

 

If you are thinking of recruiting EU citizens in the UK or transferring British citizens to the EU within the next year, try and transfer your employees by the 31st of December 2020, so that they will qualify for the EU settlement scheme. 

 

Employers seeking to sponsor non-UK nationals after the 1st of January will require a sponsorship license to do so.

 

After the 1st of January 2021 employers should expect a change in the right to work checking system.

 

How We Can Help:

 

•   We can advise you on your best options after Brexit.

 

•   This is now an area of immigration law in a state of flux and likely to undergo further change in the next couple of months. We are committed to ensuring that our advice is up-to-date and any application submitted on your behalf is reflective of the current EU legislation.