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EU Update – UK Government provides more certainty on future arrangements for EU Nationals and their family members

Posted by Gunes Saybak on January 02, 2018

On 18/12/17, the UK Government published the agreements reached with the European Union during negotiations on the UK’s withdrawal from the EU. The aim of these publications was to provide certainty about the future for EU citizens and their family members living in the UK.
The agreements reached are as follows:

  1. By 29/03/19, EU citizens and their family members who have been lawfully residing in the UK for a continuous period of five years will be able to settle in the UK by applying for “settled status”
  1. EU citizens who arrive in the UK by 29/03/19 but have not yet completed a continuous lawful period of five years will able to apply to remain in the UK until they have reached the five-year threshold
  1. Close family members will be able to join EU citizens after the UK’s exit where they can demonstrate that their relationship existed on 29/03/19. Close family members will be spouses, civil and unmarried partners, dependent children and grandchildren, and dependent parents and grandparents

Settled Status Applications

EU citizens and their family members will be required to apply for settled status. The UK Government has indicated that conditions to obtain such status will be “the same as or more generous” than those currently in place for applying for permanent residence under the current EEA Regulations. The general criteria will be for the EU citizen or their family member to demonstrate that he/she has lived in the UK lawfully for a continuous period of 5 years.

If this criterion is met and a valid application is submitted, an application is likely to be successful unless:

  • The EU citizen was not resident in the UK by 29/03/19
  • The EU citizen or their family member has a serious criminal conviction
  • There are security reasons as to why the individual should not be granted settled status

What happens to EU citizens arriving in the UK after EU Exit?

EU citizens arriving in the UK after 29/03/19 will be permitted to live, work and study through a registration scheme. This scheme, including how long it will last, is subject to further negotiations between. Future immigration controls will, however, depend on the arrangements in place at the time of application.

Contact Us

If you would like to discuss making an application for an EEA residence card, EEA registration certificate or permanent residence, please contact us on 0208 995 3556 or email us at info@descartessolicitors.co.uk

For more information on applying for settled status see please click on our article entitled “UK Government provides detail on new status for EU citizen’s post-Brexit”