European Union Citizens
Specialist solicitors helping you to remain in the UK
Following the Brexit referendum on leaving the European Union in June 2016, EU Citizens and their family members will naturally be concerned about their ability to continue to live and work in the UK. EU nationals who want to continue living in the UK after it leaves the EU will have to apply to the EU Settlement Scheme. The EU settlement Scheme is now open and you can apply if you meet the criteria. If you are successful, you will get either settled status or pre-settled status. Which status you get will depend on how long you have been living in the UK when you apply.
You will get settled status if you have:
• started living in the UK by 31 December 2020 (or by the date the UK leaves the EU without a deal);
• lived in the UK for a continuous 5-year period (known as ‘continuous residence’).
If you do not have 5 years’ continuous residence when you apply, you will usually get pre-settled status. You must have started living in the UK by 31 December 2020 (or by the date the UK leaves the EU without a deal).
You can then apply to change this to settled status once you have got 5 years’ continuous residence.
If you will reach 5 years’ continuous residence at some point before 30 December 2020, you can choose to wait to apply until you reach 5 years’ continuous residence. This means that if your application is successful, you will get settled status without having to apply for pre-settled status first.
You can stay in the UK for a further 5 years from the date you get pre-settled status.
Current rights of EEA Nationals and their family members
EU Citizens’ rights remain unchanged until the Article 50 negotiations are completed. Currently, an EEA national and his or her family members are permitted to stay in the UK longer than the initial three months right of residence if they are a ‘qualified person’. A qualified person is an EEA national who is in the UK in any of the following categories:
A worker (employee);
A self-employed person;
A self-sufficient person;
A student; or
Permanent right of residence in the UK
An EEA national and his family members can acquire the right to reside in the UK permanently if they have lived in the UK for a continuous period of 5 years as a ‘qualified person’. An application for a document certifying permanent residence will need to be made. We can help you with such an application.
Other Types of EU Applications
EEA Family Permit: as the family member of an EEA national.
EEA Family Permit: after living in another EEA country with an eligible family member who is a British citizen (this is known as making a Surinder Singh application).
Residence Card: as the family member of an EEA national.
Registration Certificate: you need this to confirm your residence status in the UK as an extended family member of a ‘qualified’ EEA national.
Derivative Residence Card: for the primary carer of someone who has the right to live in the UK or the primary carer’s child.
Retained Residence Card: as the family member of an EEA national who has died or from whom you have divorced.
We can assist with your application as an EEA national or as the family member of an EEA national.