EU Citizens' Rights and Settled Status - Brexit and You event with New Europeans, Greek community on 1 March 2019 (information subject to change)
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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:
Current deal agreed Revised deal Brexit delayed No Deal Second
If current deal and no deal are Must be approved by
agreed both rejected, Govt. expected to
Parliament by 13 March
referendum with
put forward motion to extend
Article 50 to end of June potential no
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 Brexit
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
Referendum on 21 JUNE 2018 The UK leaves the EU at Transition period ends, as
membership of the EU Details of the EU Settlement 11.00pm. Settlement Scheme does free movement. New
took place in the UK Scheme announced open to all applicants entrants may need a visa and
permission to live in the UK
29 MARCH 2017 AUTUMN 2018 21 January 30 MARCH 2019 TO 30 JUNE 2021
Deadline for pre-settled
Article 50 of Lisbon Treaty – Pilot 1 2019 – Pilot 2 31 DECEMBER 2020
and settled status
triggered, starting the two Home Office began EU nationals can apply for pre-
Home Office began
year negotiating period to accept pre-settled settled or settled status. Those applications if there is a
to accept pre-settled
before leaving the EU status and settled entering during this period for over deal ( if there is no deal ,
status and settled
status applications three months may need to register the deadline is 31
status applications their presence (apply for
from EU nationals December 2020).
from employees of European Temporary Leave to
and family members
certain NHS and Remain). Deadline to apply for
holding BRP cards
educational status in the withdrawal
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: Once you have settled • Absences – 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
EU national or non-EU national Step 1: Step 2: Step 3:
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:
Pay the application fee (£65 for The UKVI will use the applicant’s 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
The NI number will be required Office’s assessment, they can
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:
Step 9: Settled or Pre-Settled Status is
Step 8: If the application is rejected, the
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
10Overview 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
Proof of identity
The applicant will need to submit evidence of their identity as part of the application process. This can be submitted by one of
two ways:
• Now until 30 March 2019- Via the EU Exit: ID Document Check app
OR
• After 30 March 2019- At an ID document scanner location. Note that some people can go to centres now to use the app
... too: https://www.gov.uk/government/publications/eu-settlement-scheme-id-document-scanner-
locations/locations-offering-chip-checker-services
They will need an Android device to use the app:
• To be an Android 6.0 or above
• To have at least 135MB of storage space to install the app
• To be connected to 3G/4G or Wi-Fi
• To have NFC – this can be found in the device settings but if the phone can be used to pay for things using ‘contactless’,
this means it has NFC.
Fragomen has x2 Android tablets. They need to be booked out so we do not double book them.
14Using the app
There are several steps:
• Step 1 – Creating a profile
• Step 2 – Scanning the identity document
• Step 3 – Checking the identity document’s information
• Step 4 – Scanning the face
• Step 5 – Taking a photo
Using the app takes approximately 10 minutes.
The individual will need their mobile phone
and access to their emails
15Email confirmation
After using the app to verify the applicant’s
identity, the applicant will receive an email.
They must verify their email address before
clicking on the link in the email to take them
to the online application
https://apply-for-eu-settled-
status.homeoffice.gov.uk/start/eu-settlement
16Step 2: Online
application
17Registering online profile
Step 1:
Step 2:
Confirm details of identity
Provide date of birth
document
18Registering online profile
Step 3: Security verification
The applicant will then need to undertake a security check. They can choose whether a verification is sent as a text
message or as an email.
Once they have received a code, they will need to submit this on the application form in order to proceed with the next
steps.
19Landing page
After confirming their identity, the
applicant will then be asked a series
of question to help the Home Office
assess which type of Status they
are eligible for.
After completing each section you
will then return to this landing page
and can log out and come back to
this later
20Review and submission
To confirm eligibility and you do not have a
disqualifying criminal conviction
Before the application is submitted, the
applicant will be able to review all of the
answers:
21Setting Security Questions
• The applicant will then be asked
three questions.
• They should make a note of the
answers as if the Home Office
need to speak to them about
their application, they may ask
the answers to these questions.
• If they do not know the
answers, the Home Office may
not be able to discuss the
application with the applicant.
22Payment
• On 21 January 2019, Theresa May announced
that there will be no government fee when
the scheme opens fully on 30 March 2019.
• As the Scheme is still in the ‘testing phase’,
the payment will still be required but the fee
will be refunded.
• The fee to apply is £65 for an adult and £32.50
for children under 16.
• After the fee has been paid, the Home Office
will undertake an automated check of the UK
tax and benefit records (using the NI number
provided).
• The applicant will see the results immediately
23Step 3: Evidence of relationship IF APPLICABLE – ONLY FOR FAMILY MEMBERS OF AN EU NATIONAL
Evidence of relationship (If Non-EU national)
• Once payment has been made, evidence of the
family relationship must then be added.
o examples of evidence would be a birth
certificate, a marriage certificate, a civil
partnership certificate, or a residence card
for unmarried partners.
o if you have a valid permanent residence
document you do not need to provide this
proof of relationship or evidence of your
family member’s identity and residence.
• If the EEA national has not applied, evidence of
their identity and that they’ve been resident in
the UK for either:
o at least one day in the last 6 months, if the
applicant is providing evidence for pre-
settled status
o the period they’ve been the applicant’s
sponsor, if they are providing evidence for
settled status
• If you have more than one sponsor, this period
that they are applying for must be covered
between them.
25Step 4: Outcome
Outcome- Settled Status
• You will immediately see if you are being
considered for Settled Status.
• After submitting the application it is then
processed by UKVI. Upon approval you
receive an email confirming your status and a
link to review your profile.
27Outcome- Pre-Settled Status
They will be given two options:
A) Submit application for Pre-Settled status OR
B) Provide evidence that they are eligible for
Settled Status
• The applicant will be able to tell the Home Office
which period(s) of time they need to provide
evidence for (for example, 6 months of 2015).
• They will not need to provide evidence for their
entire UK residence but just enough to show that
they qualify for either Settled or Pre-Settled
Status.
• All the documents which they submit as evidence
must be dated and they should have their name
on.
28Published processing times are 2-3 weeks
We can currently seeing applications processed within one week
Processing time for settled status and dependant applications are
likely to be longer than for pre-settled status
If your application is refused, you should be able to apply again by
Processing the relevant cut off date.
times From March 2019, you may have a full right of appeal until 31
December 2020 if there is a deal. Until then, you can ask the
Government to review the decision. Your status is protected during
an appeal so you may continue to work but this can become
complex so you should seek legal advice.
29FAQs
• Settled status – how long can I
spend overseas?
• Complex cases – how to identify
• Apply to become a British citizen
30Settled status – how long can I spend overseas?
To qualify for settled status To maintain settled status
No more than 6 months in 12 months No more than 5 consecutive years
But a single absence of less than
12 months will be permitted if for an
important reason e.g. childbirth,
overseas posting, sickness
31Non-EU carers of EU children in the UK
Extended family members
Complex cases
which may require Non-EU nationals where the EU spouse /
partner has died
specific legal advice
Non-EU spouses / partners of EU nationals where the relationship has
broken down
Family members of dual EU-UK nationals
EU nationals who have ceased employment /
self-employment in certain circumstances
Family members of UK nationals who have moved back to the UK after
a period in the EU
32Can I still become a UK citizen?
Eligible for citizenship immediately once you have obtained evidence of permanent residence if you are
married to a British Citizen
Eligible for citizenship 12 months after the date on which you acquired the right of permanent residence
under the Free Movement Directive (this is the older application for ‘a Permanent Residence’ card you may
have held previously)
Eligible for citizenship 12 months after the date on which you are granted settled status under the new
scheme
Stricter rules apply to residence and criminality for citizenship
33Impact of no
deal
• Short term visits
• Family Members
• New arrivals from 30 March 2019
34No Deal – European Temporary leave application
• EU citizens who arrive after 29 March to stay longer than three months will need to apply to the Home Office to
remain within three months of arrival.
• Subject to identity, criminality and security checks, the application should be granted for 36 months which will
include permission to work and study.
• This will be non-extendable and so those who wish to stay longer-term will need to apply in under the future border
and immigration system arrangements.
• There may be some who do not qualify under the new arrangements and who will need to leave the UK when their
leave expires.
• Application fees will be payable. The precise amounts will be set out in fees regulations in due course.
35No Deal – Impact on EU nationals
• EU citizens and their family members already resident in the UK by 29 March 2019 will not be impacted. They will
have until 31 December 2020 to apply to the EU Settlement Scheme
• From 30 March 2019, EU citizens coming for short visits will be able to enter the UK, as they can now, and stay for
up to three months from each entry
• EU citizens will continue to be able to enter the UK using e-gates when travelling on a biometric passport.
• The UK deportation threshold will be applied in the case of criminality and conduct committed after the UK’s exit.
• Until 31 December 2020, EU citizens will be able to enter the UK by showing either a valid national identity card or a
passport
• So to recap:
- EEA nationals living in the UK before 30 March 2019: you will apply under the EU Settlement Scheme
- EEA nationals relocating to the UK on or after 30 March but before 31 December – can enter the UK by
showing valid passport/ID card & remain for up to 3 months. To stay for longer, they will apply under the
European Temporary Leave Regime
- EEA nationals relocating on or after 1 January 2021 – will apply under the new immigration regime
36No Deal – Family Members
• EU citizens who arrive on or after 30 March 2019 may be accompanied by their EU citizen family members
• Non-EU/UK national family members who wish to accompany or join an EU citizen under these arrangements will
need to apply in advance for a family permit.
• The definition of a family member for non-EU/UK nationals will be restricted to a spouse, a partner, or a dependent
children under 18.
37Some common terms explained
EU national – a national of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland,
Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and UK
EEA national – includes EU nationals and also nationals of Iceland, Liechtenstein and Norway
Switzerland - is neither an EU nor EEA member but is part of the single market - this means Swiss nationals have the same
rights to live and work in the UK as other EEA nationals
Non-EU family – a family member of an EU national, who is not themselves an EU national
Close family – spouse, civil partner, durable partner, dependent child or grandchild (including of the spouse or civil partner),
or dependent parent or grandparent (including of the spouse or civil partner)
Family – all of the above and other dependant relatives
Transition / implementation period – this refers to the proposed period between the UK leaving the EU (29 March 2019) and
31 December 2020 during which time the UK and EU will operate as if the UK is still a member of the EU (this may no
longer happen as the agreed deal was voted down by the UK Parliament).
38Thank you! Questions? 1st Floor, 95 Gresham Street, London EC2V 7NA 0207 090 9100 Zahira.Patel@Fragomen.com http://www.fragomen.com
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