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UK government announces 3 year right to remain for EU citizens following no-deal Brexit

In its latest announcement regarding the freedom of movement for EU nationals on the 4th of September, the UK Government said that border controls will be in place from the date of no-deal Brexit (the date which the UK is expected to leave the EU is 31 October 2019). Further, EU citizens currently living in the UK will have the right to apply for a three-year visa to remain in the UK following the event of no-deal Brexit.

About the latest Home Office announcement

The government had to do another U-turn on its regulations for EU nationals arriving in the UK, as there were hopes to completely end freedom of movement on the date of any no-deal Brexit.

This new announcement means any EU citizens arriving before the end of 2020 will have the right to apply to stay in the UK for up to three years if a no-deal Brexit takes place. This temporary scheme is the replacement for freedom of movement, and means EU nationals arriving in the UK prior to December 2020 will have the right to remain until the end of 2023.

When the Home Office announced these changes to the UK immigration rules, Priti Patel, the Home Secretary said: “On 31 October, we will leave the EU come what may. Introducing tougher checks and ending free movement as it currently stands will allow us to take the first, historic steps towards taking back control of our borders. In the future, we will introduce a new points-based immigration system built around the skills and talent people have – not where they are from.”

It’s difficult to keep up with the government’s stance on EU citizens and freedom of movement at this moment in time, as decisions are announced on one day, followed by backtracking a couple of days later. However, this new immigration system for EU nationals does seem to be the policy of the current government, although Parliamentary business on the 4th of September does seem to indicate there could be more changes in the pipeline in the very near future. 

You can read more about the new government proposals on their website.

Increasing numbers of EU citizens using government’s Windrush scheme to facilitate indefinite leave to stay in UK

In other news, it’s been highlighted by the BBC that a large number of EU migrants in the UK are making use of the government’s Windrush scheme to ensure their indefinite leave to remain is formally recorded on ID cards. Around 800 EU citizens have already received formal permission to remain in the UK under the scheme, and some applicants have confirmed this is due to a lack of trust in the transparency of the existing EU settlement scheme.

The specialist barristers at Richmond Chambers provide support with all UK visa applications and immigration appeals. Get in touch with us today to discover how we can help you to navigate these changes to your visa.


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