In this blog post, Jacqueline Moore, our Deputy Department Head looks at the main questions that
have been answered in the latest policy announcement.
This policy announcement covers only EEA nationals and their families who come the UK
during the implementation period. Those who are already in the UK will be dealt with in terms of
the Technical Note issued at the end of last year. Further information about the technical note can
be found here.
What is the implementation period and how long will it last?
The implementation period refers to the transition period after the UK officially withdraws from the
European Union on March 29, 2019 at 23:00 GMT.
The transitional period is expected to last 2 years or less.
What rights to stay will EU nationals have during this period?
The Proposal provides that they will have the same right to enter and reside as they currently enjoy
now.
Would EEA nationals require to apply for documents?
For those who wanted to stay in the UK beyond 3 months, there would be a mandatory requirement
to enter their names in a new registration system. This is very different from the system just now,
as EU nationals do not require to seek documentation, but can obtain documentation if they choose
to do so; these documents will confirm a right to reside that already exists.
What happens after the implementation period ends?
At the end of the transition period, EU nationals and their families would be offered the following
rights:-
- Indefinite leave to remain - EU nationals would be eligible to apply for (ILR) after they have spent five continuous years in the United Kingdom and maintained lawful residence
- Temporary Status - These EU nationals would be able to remain lawfully in the United Kingdom while working, studying or being self-sufficient (as defined by EU law) for the 5 years needed to apply for ILR
What rights do family members have to join their EU sponsors?
Family members will no longer be able to join their EU national sponsor under EU law, they will only
be able to join their EU national sponsor if they can meet the terms of UK domestic law. The
requirements under domestic law are much more onerous and include a financial requirement of
£18,600 per year.
Is there a cut-off date for making the application?
Yes, applications to register will be required to be made within 3 months of the end of the transition
period.
How does the position for those who are already here differ from those who come in the
implementation period?
The first point is that there are marked differences between the 2 categories; those EU nationals and
their families who come to the UK pre Brexit, will be in a much better position than those who come
during the implementation period for 2 main reasons.
(1) Those who are here pre Brexit will qualify to apply for “settled status”, it is proposed that
the fee charged will be in line with the cost of a British passport. Whilst the policy
document is silent on fees for obtaining “indefinite leave to remain”, non EEA nationals
currently pay £2297 in respect of an application for ILR.
(2) Those who are here pre Brexit are able to be joined by non EU family members in terms of
generous EU provisions which are accompanied by very modest fees. Those family
members who come post Brexit will be dealt with under the domestic system and will have
to meet much more onerous rules.
What about Irish nationals?
The Policy document confirms that Irish nationals will not be required to register. Irish nationals have a right to live in the UK in terms of the Common Travel Agreement (CTA).
Is this the final word on this issue?
No, this proposal remains the subject of negotiations between the European Union and the United
Kingdom.
This blog post is for information purposes only. For advice on a specific matter, please get in touch
with a member of our Edinburgh or Glasgow Immigration teams.