Employing EU nationals after Brexit
EU Settlement Scheme for EU nationals resident in the UK before 29 March 2019, in the event of no deal EU citizens and their family… Read more
EU Settlement Scheme for EU nationals resident in the UK before 29 March 2019, in the event of no deal
EU citizens and their family members resident in the UK by 29 March 2019 will be able to stay beyond that date and the UK Government will take the necessary steps to protect their rights even in a no deal scenario.
EU citizens will be required to apply under the EU Settlement Scheme even in the event of no deal, to evidence their status in the UK. The basis for qualifying for status under the scheme will remain the same as proposed in a deal scenario; it will be focused on residence in the UK. Those who have been continuously resident in the UK for five years by 29 March 2019 will be eligible for settled status enabling them to stay indefinitely. Those who have arrived by 29 March 2019 and have not yet been continuously resident here for five years will be eligible for pre-settled status enabling them to stay until they reach the five-year threshold. Once they have accrued five years residence in the UK they can apply for settled status.
In the event of no deal, the deadline for EU citizens to apply to this scheme will be 31 December 2020. Until 31 December 2020, EU citizens will continue to be able to rely on their passport or national identity card to evidence their right to reside in the UK or their right to work.
The scheme is currently open in a public test phase to those who have valid biometric passports and access to an Android device onto which they can download an app to make the application without needing to submit documents. The app does not currently work on an iPhone or other Apple devices. The scheme will be fully open by 30 March 2019 to everyone including those with only national ID cards and those who do not have access to an Android device and applicants can choose to send in their passports/ID cards to the Home Office to prove their identity instead.
New arrivals to the UK after 29 March 2019 in the event of no deal
The Home Secretary has announced that new arrivals to the UK after 29 March 2019 intending to stay here for more than three months will be required to obtain European Temporary Leave to Remain (“ETLTR”) in the event of no deal. The ETLTR will be valid for 36 months from the date of decision and will be a temporary, non-extendable immigration status. This will allow them to work in the UK for 36 months.
Anyone wishing to stay in the UK beyond their 36 months will be required to qualify under the new immigration system in place after 1 January 2021 (which is still the subject of consultation). For more information, see Anushka’s recent blog here.