Registering to remain in the UK if you are an EU Citizen

For the moment, the UK intend to leave the European Union (EU) on 29 March 2019. The UK government have put in place a new scheme called the EU Settlement Scheme (Scheme) which permits EU Citizens to register in the UK to continue to live and work in the UK after Brexit.

This Scheme replaces the residence scheme which operates under the EU regulations. The EU regulations or freedom of movement permits EU Citizens entry to the UK for 3 months before having to demonstrate ‘exercising a treaty right’ through working, self-employment, retirement, studying or being self-sufficient to continue to remain lawfully in the UK.

Many EU Citizens currently in the UK have not registered under the old residence scheme because it was never compulsory.

It will be compulsory for all EU Citizens to be registered in the Scheme by 1 July 2021 if they want to continue to reside in the UK.

The Scheme will grant ‘pre settled status’ to those who have resided lawfully in the UK for less than 5 years or ‘settled status’ to those who have resided for 5 years or more.

The Home Office introduced testing phases of the Scheme to mainly public sector workers since October last year. The test pilots have been so successful that they will open a new phase of testing from 21 January 2019. The new test phase is open to all EU Citizens who hold a valid passport.

If you are an EU Citizen and need some assistance with the new Scheme, please get in touch with the Immigration Team at Herrington Carmichael LLP.

Usof Shah
Senior Solicitor, Immigration
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This reflects the law and market position at the date of publication and is written as a general guide. It does not contain definitive legal advice, which should be sought in relation to a specific matter.

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