BREXIT IMMIGRATION UPDATE PART 1: Resident in the UK for 5 years or more at end of implementation period
AMI DHANJEE >
Consultant SolicitorMon 11 June 2018
In this series of articles Consultant Immigration Solicitor Ami Dhanjee explains the various changes to the way EU Citizens are able to continue to reside and work in the UK post Brexit.
Ami simplifies what actions EEA nationals or their family members may find themselves in and what steps they must take to continue to stay in the UK during the different stages of Brexit.
The UK leaves the EU on 29 March 2019. Thereafter, there will be an implementation period from 30 March 2019 till 31 December 2020.
Please note that this information is correct on 4th June 2018 and is open to change after this date.
Any EU nationals who have been lawfully resident in the UK for over 5 years by the end of the implementation period will be able to apply for settled status.
Example Scenario: Residing in the UK for 7 years when the UK leaves the EU
Marie is a French national who will have resided in the UK for 7 years when UK leaves the EU on 29 March 2019.
Marie will continue to have the right to live and work in the UK up to 31 December 2020 which is the end of the implementation period. She does not need to make an application straight away and can remain in the UK after exit but she must make an application to the Home Office by 30th June 2021 if she wishes to continue staying in the UK. After this date it is compulsory for EEA nationals in the UK to hold some form of status.
However, as Marie has been residing in the UK for over 5 years she qualifies to apply for settled status straight away.
Family members who live with or are joining EU Citizens in the UK by 31 December 2020 will also be able to apply for settled status after 5 years residence in the UK
Close family members will be able to join EU citizens after exit but only where the relationship existed on 31 December 2020.
If you are an EEA national or EEA national’s family member and are concerned over your status in the UK, please contact Ami Dhanjee on 0203 384 1981 or firstname.lastname@example.org for more information or advice.
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