Status of EU citizens post Brexit - Settled Status

After a long wait, on 21 June 2018, the Secretary of State for the Home Department, Sajid Javid, announced the Government’s plans for EU citizens wishing to remain in the UK post Brexit, including the process of obtaining so-called settled status.

The government will begin trialling this new system in the next few weeks, with a planned commencement date at the beginning of 2019. The scheme will open fully by 30 March 2019. The government has confirmed that “your rights will not change until 1 January 2021, so there is no need for you to apply for status as soon as the scheme opens”. The deadline to apply will be June 2021.

Settled status

EU citizens who have been living in the UK for five years and have been exercising Treaty Rights will be eligible to apply for settled status.  There are three key steps that will need to be completed in order to apply for settled status.  These are as follows:

• Identity – You will be required to prove your identity. This can be done by providing your passport or ID card;
• UK residence – These checks will be carried out by looking at tax and benefit records. This means that for many, their proof of residence will be automatic;
• Criminality – The Secretary of State has stated that rather than looking at whether an applicant has “parking fines” they will be looking at whether the applicant has any “serious” criminal convictions.

Settled status application process

There will be a new online application system which will be accessible through phones, tablets, laptops and computers which will allow decisions to be made “very quickly”, once a search of the government databases has been conducted. The Secretary of State for the Home Department has gone as far as to promise that the system will be “as simple as people can reasonably expect?”, with most decisions provided within two weeks of submitting an application.

Fees

The financial cost of applying to remain in the UK as an EU citizen will still be £65 for adults. The cost for children under 16 will be £32.50. For those who already hold permanent residence status or indefinite leave to remain, the service will be free of charge.

Contact our Immigration Barristers

If you would like to discuss your eligibility for settled status, or if you require legal assistance in connection with an application or appeal, contact our specialist immigration barristers and lawyers in London on 0203 617 9173 or via our enquiry form below.