Legally staying in the UK after Brexit
EEA citizens are actively searching for information about their legal stay in the UK after the country leaves the European Union. This perplexity is often stipulated by the fact that people are not sure whether they can continue working as before, and what status will be assigned to them based on the period of their stay on the island.
Do you have a European Union country passport, thanks to which you have been residing and working in the UK with no hindrance, but don’t know what further steps to take to stay and live here, meeting all the immigration requirements?
According to the agreement between the EU member states, until December 31, 2020, Brexit will not have any consequences for those who are already in the UK or intend to arrive before this date. Such citizens will receive the right for permanent residence after a 5-year period of stay in the country on a legal basis and in compliance with the qualification requirements. However, such candidates should still declare their presence here before the relevant date.
Applying for Pre-Settled or Settled Status
You and your family members can apply for pre-settled or settled status. This will allow you to continue living in the UK after June 30, 2021. The rights and status of EU citizens living in the UK will remain the same until 30 June 2021. If you apply to the EU Settlement Scheme successfully, you’ll be able to continue living and working in the UK after 30 June 2021. You’ll be given either settled status or pre-settled status; it should be noted that applicants will not be asked to choose which status they are applying for. The decision will be made by the Home Office, taking into account the period of residence in the UK and the documents provided.
Continuous Residence & Eligibility Criteria
If you do not have 5 years’ continuous residence, you won’t usually get settled status. However, if you meet all eligibility criteria, you will be assigned a pre-settled status instead. Any time before June 30, 2021, you will need to submit an application. You can stay in the UK for a further 5 years from the date you get pre-settled status, but you must apply again and get settled status if you want to stay here for longer than that. You can apply to change your status as soon as you’ve got 5 years’ continuous residence. If you apply after April 2019, it will be free.
You can spend up to 2 years in a row outside the UK without losing your pre-settled status, but you will need to maintain your continuous residence if you want to qualify for settled status.
Obtaining the official status will guarantee you the following:
• work in the UK
• use the NHS
• enroll in education or continue studying
• access public funds such as benefits and pensions, if you’re eligible for them
• travel in and out of the UK
Any children born in the UK after you’ve got pre-settled status will be automatically eligible for pre-settled status. They will only be a British citizen if they qualify for it through their other parent (if they have or will get British citizenship).
Obviously, one of the key differences in rights between settled and pre-settled status is the right for citizenship.
If you still have questions or there is uncertainty in some of the nuances of your particular immigration situation, contact our specialists and get qualified help.
For further information, please contact our experts:
T: 020 8935 5205
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