What Brexit means to you if you are a European Citizen:

If you’re from the European Union (EU) and already living in the UK, you can apply to stay after Brexit. You can do this from March 2019 – you don’t need to do anything yet. You’ll have until 30 June 2021 to apply.

You’ll need to do things like:

  • prove who you are – for example with a valid passport or national ID card
  • prove you’ve been living in the UK, usually for 5 years – this can be through things like payslips, utility bills or letters from your employer
  • explain if you’ve got a criminal record either here or in your home country – you might still be able to stay in the UK if you have
  • pay an application fee (some people won’t need to – find out if you’ll need to pay on GOV.UK)

You can find out more about staying in the UK after Brexit on GOV.UK.

Your rights and status:

If you successfully apply to the EU Settlement Scheme you can continue to live and work in the UK after 31 December 2020.

You’ll be given either:

  • settled status
  • pre-settled status.

You will not be asked to choose which you’re applying for.

Settled status:

You’ll usually get settled status if you’ve:

  • started living in the UK by 31 December 2020
  • lived in the UK for a continuous 5-year period (‘continuous residence’)

Five years’ continuous residence means that for 5 years in a row you’ve been in the UK for at least 6 months in any 12 month period, except for:

  • one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting)
  • compulsory military service of any length

You will only need to apply to the EU Settlement Scheme once if you get settled status.

Your rights with settled status:

If you have settled status, you can:

  • stay in the UK for as long as you like
  • apply for British citizenship, if you’re eligible
  • work in the UK
  • use the NHS
  • enrol in education or continue studying
  • access public funds such as benefits and pensions, if you’re eligible for them
  • travel in and out of the UK

You can also bring close family members to the UK after 31 December 2020 if both of the following apply:

  • your relationship with them began before 31 December 2020
  • you are still in the relationship when they apply to join you

 

Family members will also be able to come here on a family visa.

Any children born in the UK while you’re living here will automatically be British citizens.

You should be able to spend up to 5 years in a row outside the UK without losing your settled status.

How long you can live outside the UK is still subject to approval by Parliament.

Pre-settled status:

If you do not have 5 years’ continuous residence, you’ll usually get ‘pre-settled status’ instead.

You can stay in the UK for a further 5 years from the date you get pre-settled status.

Changing your pre-settled status to settled status

You can apply to change your status as soon as you’ve got 5 years’ continuous residence. If you apply after April 2019, it will be free.

Your rights with pre-settled status

You can spend up to 2 years in a row outside the UK without losing your pre-settled status, but you will need to maintain your continuous residence if you want to qualify for settled status.

You will be able to:

  • work in the UK
  • use the NHS
  • enrol in education or continue studying
  • access public funds such as benefits and pensions, if you’re eligible for them
  • travel in and out of the UK

Any children born in the UK after you’ve got pre-settled status will be automatically eligible for pre-settled status. They will only be a British citizen if they qualify for it through their other parent.

Viewing and proving your status

You’ll be able to get proof of your status through an online service. You will not get a physical document unless both of the following apply:

If you’re an EU citizen, you’ll still be able to use your passport or identity card to enter the UK once you get settled or pre-settled status.

Who should apply:

If you’re an EU citizen or a family member of an EU citizen, you’ll usually need to apply if you want to stay in the UK after 30 June 2021. This includes if you’re married to a British citizen.

You can apply once the scheme is open.

Who does not need to apply:

You do not need to apply if:

  • you’re an Irish citizen
  • you have indefinite leave to enter the UK
  • you have indefinite leave to remain in the UK
  • Your family members from outside either the UK or Ireland will still need to apply even if you do not need to.

You can still apply if you have indefinite leave to remain or enter and want to swap it for settled status.

The Government has decided to waive the fees:

There were to be fees for registering but in January the Government has announced that the scheme will be free for all applicants. Anyone who has already registered and paid a fee (£65 adult or £32.50 child) will be refunded.

For more information you can look at the section on the government website: www.gov.uk/settled-status-eu-citizens-families; or speak to your local Citizens Advice either by calling in, phoning (0300 3309 074) or via email through our website salfordcab.org.uk

 

Tom Togher

January 2019.