Brexit – the word that has been the talk of the town for the past few years. As the UK inches closer to leaving the European Union, the uncertainty surrounding EU citizens residing in the UK has only increased. If you’re an EU national living in the UK, you’re probably wondering what the future holds for you and your loved ones. Well, fear not! This article will guide you through the process of securing your stay in the UK after Brexit.
The EU Settlement Scheme
To ensure a smooth transition, the UK government has introduced the EU Settlement Scheme. This scheme allows EU citizens and their family members (EU and non-EU) to secure their status in the UK, even after Brexit. Think of it as a safety net that lets you continue living, working, and enjoying the same rights as before.
Pre-settled vs. Settled Status
Under the EU Settlement Scheme, you can apply for either a pre-settled or a settled status, depending on how long you’ve been living in the UK.
Pre-settled Status
If you’ve been a resident in the UK for less than five continuous years, you’ll be eligible for a pre-settled status. This status allows you to remain in the UK for up to five years, during which you can work, study, and access public services.
Once you reach the five-year mark, you can apply for settled status, ensuring your long-term stay in the UK.
Settled Status
If you’ve been residing in the UK for five continuous years or more, you can apply directly for a settled status. This status grants you the right to live and work in the UK indefinitely, with access to the same rights and benefits as British citizens.
Who Doesn’t Need to Apply?
Not everyone needs to go through the EU Settlement Scheme process. If you fall into one of the following categories, you’re exempt from applying:
- Irish citizens
- EU nationals with Indefinite Leave to Remain (ILR)
- EU nationals with Indefinite Leave to Enter (ILE)
The Application Process
Now that you know the basics, let’s dive into the application process.
When to Apply
The EU Settlement Scheme opened on March 30, 2019, and the deadline to apply is June 30, 2021. If you’ll have completed five years of continuous residence in the UK before June 30, 2021, it’s advisable to apply directly for settled status on or after that date. If not, you should apply for pre-settled status first.
How to Apply
The application process is entirely online, and you’ll need to provide supporting documents to prove your identity, nationality, and continuous residence in the UK.
Required Documents
Here’s a list of documents you’ll need to have ready:
- Valid passport or national ID card
- One recent digital photograph
- Evidence of continuous residence in the UK (e.g., utility bills, formal letters, employment records, etc.)
- Evidence of relationship (if applying as a family member of an EU citizen)
- Biometric information (if you don’t already have a biometric residence card)
- Criminal history information (if over 18 years old)
Family Members
If you’re an EU citizen with family members (EU or non-EU), they can also apply through the same scheme to join you in the UK, even after the deadline.
Eligible Family Members
The following family members can apply for pre-settled or settled status:
- Spouse/civil partner
- Unmarried partner (in a long-lasting relationship)
- Children/grandchildren under 21
- Dependent children/grandchildren of any age
- Dependent parents/grandparents
Rights of Pre-settled and Settled EU Citizens
Once you’ve secured your pre-settled or settled status, you’ll be able to enjoy a range of rights in the UK.
Rights for Pre-settled Citizens
As a pre-settled citizen, you’ll have the right to:
- Live and work in the UK
- Access public services (e.g., healthcare, benefits)
- Enroll or continue studying
- Travel in and out of the UK
- Bring family members to the UK
Rights for Settled Citizens
In addition to the rights granted to pre-settled citizens, settled citizens can:
- Remain in the UK indefinitely
- Apply for British citizenship after one year of settled status
- Have their children automatically granted British citizenship
Exceptional Cases
In certain exceptional cases, you may be eligible to settle in the UK in less than five continuous years. These include:
- Sudden permanent disability
- Early retirement or reaching state pension age
- Employment/self-employment in another EU state
- Death of an EU family member
Fees and Costs
The good news is that EU nationals are expected to be waived from paying a fee to settle in the UK after Brexit.
Conclusion
While the prospect of Brexit may seem daunting, the EU Settlement Scheme provides a clear path for EU citizens to secure their status in the UK. By understanding the process and preparing the necessary documents, you can ensure a smooth transition and continue enjoying the rights and benefits you’ve become accustomed to.
Remember, the deadline for applications is June 30, 2021, so don’t delay in securing your future in the UK.
FAQs
Q1: Can I apply for settled status if I’ve been living in the UK for less than five years? A: No, if you’ve been residing in the UK for less than five continuous years, you’ll need to apply for pre-settled status first. Once you reach the five-year mark, you can then apply for settled status.
Q2: What happens if I don’t apply for pre-settled or settled status? A: Your stay in the UK without a pre-settled or settled status will be considered illegal after December 31, 2020. This includes EU spouses of British citizens.
Q3: Can my family members apply through the EU Settlement Scheme? A: Yes, your family members (EU and non-EU) can apply through the same scheme to join you in the UK, even after the deadline.
Q4: Do I need to provide biometric information for my application? A: If you don’t already have a biometric residence card, you’ll need to provide your photograph and fingerprints at an application center in the UK.
Q5: Will my criminal history affect my application? A: Minor crimes are not expected to affect your application. However, involvement in major crimes will be considered on a case-by-case basis, taking into account your personal circumstances.
