BREXIT IMMIGRATION UPDATE PART 2: Resident in the UK for less than 5 years at end of implementation period
AMI DHANJEE >
Consultant SolicitorWed 13 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.
EU nationals and family members who entered the UK before the start of the implementation period but have not resided in the UK for 5 years by the end of the implementation period can apply for a Temporary Residence Card until they have acquired the five years after which they can then apply for settled status.
Example Scenario A: Arrival before the UK’s exit in but not resident in the UK for 5 years when the UK leave the EU on 29 March 2019
Maica is a Spanish national who came to work in the UK in July 2015, before the UK’s exit from the EU. Maica will be able to continue to live and work in the UK until 30 June 2021 without making an application. Nevertheless, as soon as she has lived in the UK for 5 years, she will be able to apply for settled status which will allow her to settle in the UK permanently.
Example Scenario B: Arrival before the UK’s exit but not been resident in the UK for 5 years by the end of the implementation period
Giovanni is an Italian national who arrived in the UK in January 2018 before the UK’s exit from the EU. He is therefore able to continue living in the UK until the end of the implementation period without taking any action on his status.
After the end of the implementation period and no later than 30th June 2021 he must apply to the Home Office for a temporary residence status if he wishes to continue to live in the UK. Once Giovanni has been resident in the UK for 5 years he will be entitled to apply for settled status.
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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