Latest developments regarding new settled status scheme for EU Citizens and their family members after Brexit
On 07 November 2017 the Government set out further details of the procedure of how the new settled status scheme for EU citizens and their family members will operate in a Technical Note. It assures EU citizens that they will be given sufficient time after the Brexit to make their application to remain in the UK. This has been estimated to be two years. It further notes that during the implementation period, after the UK leaves the EU, people will continue to be able to come and live and work in the UK subject to a registration system.
The Home Office will be required to confer the status and rights defined in the Withdrawal agreement for EU citizens who fall within its scope. The UK has recognised that they will potentially be granting three million EU citizens status and are therefore designing a new system with new processes, technology, rules and support for applicants.
It has been agreed with the EU that the requirements to acquire permanent residence will be as per the conditions set out in Article 16 of Directive 2004/38 which is that the EU citizen will have resided in the UK for a continuous period of 5 years as a qualified person/family member of a qualified person. A qualified person is one that is either a worker, self-employed person, self-sufficient person or a student. However, those who have not resided in the UK for a continuous period of five years will be given temporary status, if they were resident before the specified date and can then apply for PR once they have been in the UK for five years as a qualified person/family member of a qualified person.
The fee to process these applications will not exceed the cost of a British passport. For those who already hold a permanent residence card, there will be a simple process to exchange this for a settled status document and they intend to charge a reduced fee for this.
If an application is refused by the Home Office, the applicant will be able to appeal this decision and remain in the UK until their appeal rights are exhausted. This is not applicable where a deportation decision is made or the applicant is in breach of a deportation or exclusion order.
For specialist advice on regulating your stay, applying for a registration certificate if you have been in the UK as a qualified person for less than 5 years, a permanent residence permit, family permit, and whether you meet the requirements in these or other associated categories then please contact us now.