eu citizens’ rights and settled status · background –setting the scene theresa may’s deal...
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EU Citizens’ Rights and Settled Status
Brexit and You event with New Europeans, Greek community on 1 March 2019 (information subject to change)
Agenda
• Background
• EU Settlement Scheme – Overview
• EU Settlement Scheme – Application Process (screenshots of application stages for your reference only)
• FAQs
• Impact of no deal
• Some common terms explained (for your reference only)
• Q & A
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Background – Setting the scene
Theresa May’s Deal – current statusInitially voted down on 16 January 2019. Another ‘Meaningful vote’ is expected by 12 March 2019
Possible outcomes:
Current deal agreed Revised deal
agreed
Brexit delayed If current deal and no deal are
both rejected, Govt. expected to
put forward motion to extend
Article 50 to end of June
No Deal Must be approved by
Parliament by 13 March
Second
referendum with
potential no
BrexitWhat does this mean for you? In all scenarios except if there is no Brexit at all, free movement will end (either on 31 December 2020 under the current
proposed deal, or on 29 March 2019 if there is no deal) and you will need to apply for status under the EU Settlement Scheme. The key differences between a
deal and no deal scenario are the key dates by which you and family members need to be resident and apply by (along with other factors such as appeal rights)
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Background – The timeline (as we know so far)
29 MARCH 2017Article 50 of Lisbon Treaty
triggered, starting the two
year negotiating period
before leaving the EU
AUTUMN 2018
– Pilot 1Home Office began
to accept pre-settled
status and settled
status applications
from employees of
certain NHS and
educational
institutions.
30 MARCH 2019 TO
31 DECEMBER 2020EU nationals can apply for pre-
settled or settled status. Those
entering during this period for over
three months may need to register
their presence (apply for
European Temporary Leave to
Remain).
30 JUNE 2021Deadline for pre-settled
and settled status
applications if there is a
deal ( if there is no deal ,
the deadline is 31
December 2020).
23 JUNE 2016Referendum on
membership of the EU
took place in the UK
21 JUNE 2018Details of the EU Settlement
Scheme announced
29 MARCH 2019The UK leaves the EU at
11.00pm. Settlement Scheme
open to all applicants
1 JANUARY 2021Transition period ends, as
does free movement. New
entrants may need a visa and
permission to live in the UK
21 January
2019 – Pilot 2Home Office began
to accept pre-settled
status and settled
status applications
from EU nationals
and family members
holding BRP cards
If there is no deal, 31 December
2020 is the deadline to apply for
status and you must be living here
by 29 March 2019
You can potentially
apply from now
Deadline to apply for
status in the withdrawal
agreement which was
voted down
Govt. may request an extension
to June 2019 depending on
votes on 12 & 13 March 2019
EU SETTLEMENT SCHEMEWho can apply?
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EU Settlement Scheme – Who should apply if there is a deal
• EU nationals exercising treaty right of free movement in the UK
• Their family members (who can be ‘third country nationals’) who reside in the UK on the basis of their relationship to an EU national
• Family members relocating to the UK, provided that the relationship existed by 31 December 2020
• EU nationals who hold a EC Residence Card or EC Permanent Residence card will also need to apply unlessthey will apply to naturalise as a British citizen before the end of 2020. Holding a permanent residence card doesnot exempt you from making the settled status application, you need to convert this to settled status oracquire citizenship
• If you already hold British citizenship, you do not need to apply.
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EU Settlement Scheme– Who should apply if there is no deal?
• EU Settlement Scheme will remain the same as proposed for those resident in the UK by 29 March 2019. Those who have settled status will continue to be able to leave the country for up to 5 consecutive years without losing their right to return
• This guarantee would only extend to those resident in the UK by 29 March 2019. They will need to apply by 31 December 2020.
• Family members relocating to the UK, provided that the relationship existed by 31 December 2020
• Family members: Existing close family members can join an EU national who holds settled status in the UK. Theymust apply by 29 March 2022 provided that the relationship existed by 29 March 2019 and continues to exist. Afterthis date, UK Immigration Rules will apply. Children born overseas after 29 March are protected.
• If the relationship did not exist by 29 March 2019: Close family members must apply to join an EU national by 31December 2020. After this date, UK Immigration Rules will apply.
• From 30 March 2022: Family reunion rights of EU citizens fully brought into line with UK nationals.
EU SETTLEMENT SCHEMEOverview
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Settled or Pre-Settled Status
‘Settled status’ ‘Pre-settled status’
• Resident for 5 years or more in the UK
• Resident in the UK by 31 December2020 (unless no deal)
• Those who apply before 30 March 2019will pay £65 for adults and £32.50 forchildren which will then be reimbursed
• 2-3 week processing time
• Apply by 30 June 2021 (31 December 2020 if no deal)
• Absences: Once you have settledstatus, you will lose it if you are absentfrom the UK for 5 consecutive years
• Resident for less than 5 years in the UK
• Resident in the UK by 31 December 2020 (unless no deal)
• Those who apply before 30 March 2019will pay £65 for adults and £32.50 forchildren which will then be reimbursed
• 2-3 week processing time
• Apply by 30 June 2021 (31 December 2020 if no deal)
• Absences – to qualify for and tomaintain pre-settled status, you mustensure your absences do not exceed 6months in any 12 month period.
• There is a single exemption allowed fora single absence of up to 12 month foran important reason. e.g. childbirth,overseas posting, sickness
• Once you have reached five years ofresidence, you will need to convert tosettled status
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OVERVIEW OF ALL STEPS
EU national or non-EU national family member of an EU national with a BRP card decides to apply under the EU Settlement Scheme
Step 1:
Applicant downloads the app and enters contact details. The app is only available on Android devices
Step 2:
Applicant verifies contact details through a pin sent to them via the contact details entered in Step 1
Step 3:
Applicant scans their passport on the app and takes a selfie. Identity
information is then verified
Step 4:
Applicant completes the online application form (this will also be sent to the applicant via email). The NI number will be required
and the applicant will declare any criminal activity
Step 5:
Pay the application fee (£65 for adults and £32.50 for children, free
for those with residence cards). The fee will not be payable from 30 March and applicants under the
pilot will be able to claim a reimbursement
Step 6:
The UKVI will use the applicant’s NI number to search HMRC records to verify length of
residence. The online system will state whether the applicant is being
considered for Settled or Pre-Settled status
Step 7:
If the applicant has resided in the UK for longer than the Home Office’s assessment, they can
upload further documents
Step 8:
The UKVI reviews the extra information
Step 9:
The UKVI checks the applicant’s records for serious criminal
convictions
Step 10:
Settled or Pre-Settled Status is awarded. The applicant receives an email of confirmation with links to an online portal. They can give access to employers to confirm
right to work in the future
Step 11:
If the application is rejected, the applicant can apply for an
administrative review or reapply. May be able to appeal if they apply
after 29 March 2019
Overview of required documents
EU nationals will require the following:
• Original valid passport;
• National Insurance number;
• A credit or debit card to make payment- Until 30 March 2019;
• Individuals may also need to provide proof of residence (e.g. P60s, bank statements, utility bills)
Non-EU nationals will require the following:
• Passport number
• Original biometric residence card
• National Insurance number
• A credit or debit card to make payment- Until 30 March 2019
• Evidence of relationship to EU sponsor who is residing in the UK (e.g. birth certificate, marriage certificate, evidence of cohabitation)
• Individuals may also need to provide proof of residence (e.g. P60s, bank statements, utility bills)
EU Settlement Scheme- Screenshots of the application process (for your
reference, we will not cover in detail)
Step 1: Evidence of identity- the app
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Proof of identity
The applicant will need to submit evidence of their identity as part of the application process. This can be submitted by one oftwo ways:
• Now until 30 March 2019- Via the EU Exit: ID Document Check app
OR
• After 30 March 2019- At an ID document scanner location. Note that some people can go to centres now to use the app too:
They will need an Android device to use the app:
• To be an Android 6.0 or above
• To have at least 135MB of storage space to install the app
• To be connected to 3G/4G or Wi-Fi
• To have NFC – this can be found in the device settings but if the phone can be used to pay for things using ‘contactless’, this means it has NFC.
Fragomen has x2 Android tablets. They need to be booked out so we do not double book them.
... https://www.gov.uk/government/publications/eu-settlement-scheme-id-document-scanner-
locations/locations-offering-chip-checker-services
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Using the app
There are several steps:
• Step 1 – Creating a profile
• Step 2 – Scanning the identity document
• Step 3 – Checking the identity document’s information
• Step 4 – Scanning the face
• Step 5 – Taking a photo
Using the app takes approximately 10 minutes.
The individual will need their mobile phone
and access to their emails
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Email confirmation
After using the app to verify the applicant’s identity, the applicant will receive an email.
They must verify their email address before clicking on the link in the email to take them to the online application
https://apply-for-eu-settled-status.homeoffice.gov.uk/start/eu-settlement
Step 2: Online application
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Registering online profile
Step 2:
Provide date of birth
Step 1:
Confirm details of identity
document
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Registering online profile
Step 3: Security verification
The applicant will then need to undertake a security check. They can choose whether a verification is sent as a text message or as an email.
Once they have received a code, they will need to submit this on the application form in order to proceed with the next steps.
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Landing page
After confirming their identity, the applicant will then be asked a series of question to help the Home Office assess which type of Status they are eligible for.
After completing each section you will then return to this landing page and can log out and come back to this later
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Review and submission
To confirm eligibility and you do not have a disqualifying criminal conviction
Before the application is submitted, the applicant will be able to review all of the answers:
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Setting Security Questions
• The applicant will then be asked
three questions.
• They should make a note of the
answers as if the Home Office
need to speak to them about
their application, they may ask
the answers to these questions.
• If they do not know the
answers, the Home Office may
not be able to discuss the
application with the applicant.
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Payment
• On 21 January 2019, Theresa May announced that there will be no government fee when the scheme opens fully on 30 March 2019.
• As the Scheme is still in the ‘testing phase’, the payment will still be required but the fee will be refunded.
• The fee to apply is £65 for an adult and £32.50 for children under 16.
• After the fee has been paid, the Home Office will undertake an automated check of the UK tax and benefit records (using the NI number provided).
• The applicant will see the results immediately
Step 3: Evidence of relationship
IF APPLICABLE – ONLY FOR
FAMILY MEMBERS OF AN EU
NATIONAL
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Evidence of relationship (If Non-EU national)
• Once payment has been made, evidence of the family relationship must then be added.
o examples of evidence would be a birth certificate, a marriage certificate, a civil partnership certificate, or a residence card for unmarried partners.
o if you have a valid permanent residence document you do not need to provide this proof of relationship or evidence of your family member’s identity and residence.
• If the EEA national has not applied, evidence of their identity and that they’ve been resident in the UK for either:
o at least one day in the last 6 months, if the applicant is providing evidence for pre-settled status
o the period they’ve been the applicant’s sponsor, if they are providing evidence for settled status
• If you have more than one sponsor, this period that they are applying for must be covered between them.
Step 4: Outcome
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Outcome- Settled Status
• You will immediately see if you are being
considered for Settled Status.
• After submitting the application it is then
processed by UKVI. Upon approval you
receive an email confirming your status and a
link to review your profile.
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Outcome- Pre-Settled Status
They will be given two options:
A) Submit application for Pre-Settled status OR
B) Provide evidence that they are eligible for
Settled Status
• The applicant will be able to tell the Home Office which period(s) of time they need to provide evidence for (for example, 6 months of 2015).
• They will not need to provide evidence for their entire UK residence but just enough to show that they qualify for either Settled or Pre-Settled Status.
• All the documents which they submit as evidence must be dated and they should have their name on.
Processing times
Published processing times are 2-3 weeks
We can currently seeing applications processed within one week
Processing time for settled status and dependant applications are likely to be longer than for pre-settled status
If your application is refused, you should be able to apply again bythe relevant cut off date.
From March 2019, you may have a full right of appeal until 31December 2020 if there is a deal. Until then, you can ask theGovernment to review the decision. Your status is protected duringan appeal so you may continue to work but this can becomecomplex so you should seek legal advice.
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FAQs
• Settled status – how long can I spend overseas?
• Complex cases – how to identify
• Apply to become a British citizen
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Settled status – how long can I spend overseas?
To qualify for settled status
No more than 6 months in 12 months
But a single absence of less than
12 months will be permitted if for an
important reason e.g. childbirth,
overseas posting, sickness
To maintain settled status
No more than 5 consecutive years
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Complex cases which may require specific legal advice
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Non-EU carers of EU children in the UK
Extended family members
Non-EU nationals where the EU spouse / partner has died
Non-EU spouses / partners of EU nationals where the relationship has broken down
Family members of dual EU-UK nationals
EU nationals who have ceased employment / self-employment in certain circumstances
Family members of UK nationals who have moved back to the UK after a period in the EU
Can I still become a UK citizen?
Eligible for citizenship 12 months after the date on which you are granted settled status under the new
scheme
Eligible for citizenship immediately once you have obtained evidence of permanent residence if you are
married to a British Citizen
Eligible for citizenship 12 months after the date on which you acquired the right of permanent residence
under the Free Movement Directive (this is the older application for ‘a Permanent Residence’ card you may
have held previously)
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Stricter rules apply to residence and criminality for citizenship
Impact of no deal
• Short term visits
• Family Members
• New arrivals from 30 March 2019
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No Deal – European Temporary leave application
• EU citizens who arrive after 29 March to stay longer than three months will need to apply to the Home Office to remain within three months of arrival.
• Subject to identity, criminality and security checks, the application should be granted for 36 months which will include permission to work and study.
• This will be non-extendable and so those who wish to stay longer-term will need to apply in under the future border and immigration system arrangements.
• There may be some who do not qualify under the new arrangements and who will need to leave the UK when their leave expires.
• Application fees will be payable. The precise amounts will be set out in fees regulations in due course.
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No Deal – Impact on EU nationals
• EU citizens and their family members already resident in the UK by 29 March 2019 will not be impacted. They will have until 31 December 2020 to apply to the EU Settlement Scheme
• From 30 March 2019, EU citizens coming for short visits will be able to enter the UK, as they can now, and stay for up to three months from each entry
• EU citizens will continue to be able to enter the UK using e-gates when travelling on a biometric passport.
• The UK deportation threshold will be applied in the case of criminality and conduct committed after the UK’s exit.
• Until 31 December 2020, EU citizens will be able to enter the UK by showing either a valid national identity card or a passport
• So to recap:
- EEA nationals living in the UK before 30 March 2019: you will apply under the EU Settlement Scheme
- EEA nationals relocating to the UK on or after 30 March but before 31 December – can enter the UK by showing valid passport/ID card & remain for up to 3 months. To stay for longer, they will apply under the
European Temporary Leave Regime
- EEA nationals relocating on or after 1 January 2021 – will apply under the new immigration regime
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No Deal – Family Members
• EU citizens who arrive on or after 30 March 2019 may be accompanied by their EU citizen family members
• Non-EU/UK national family members who wish to accompany or join an EU citizen under these arrangements will need to apply in advance for a family permit.
• The definition of a family member for non-EU/UK nationals will be restricted to a spouse, a partner, or a dependent children under 18.
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Some common terms explained
EU national – a national of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia,
Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland,
Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and UK
EEA national – includes EU nationals and also nationals of Iceland, Liechtenstein and Norway
Switzerland - is neither an EU nor EEA member but is part of the single market - this means Swiss nationals have the same
rights to live and work in the UK as other EEA nationals
Non-EU family – a family member of an EU national, who is not themselves an EU national
Close family – spouse, civil partner, durable partner, dependent child or grandchild (including of the spouse or civil partner),
or dependent parent or grandparent (including of the spouse or civil partner)
Family – all of the above and other dependant relatives
Transition / implementation period – this refers to the proposed period between the UK leaving the EU (29 March 2019) and
31 December 2020 during which time the UK and EU will operate as if the UK is still a member of the EU (this may no
longer happen as the agreed deal was voted down by the UK Parliament).
Thank you! Questions?1st Floor, 95 Gresham Street, London EC2V 7NA 0207 090 [email protected] http://www.fragomen.com