UNITED KINGDOM: Proposed Post-Brexit Settled Status Scheme for EU Citizens

The UK government has published a technical note which sets out a proposed application process for EU citizens wanting to stay in the UK after Brexit.

The five page paper details the administrative procedures forming the basis for the UK’s proposals for a streamlined application system for EU citizens to obtain settled status.

In the paper, which has been sent to the European Commission as part of the Brexit negotiations, the government commits to:

  • giving EU citizens plenty of time – up to two years after the UK leaves the EU – to apply for settled status
  • minimising the documentary evidence that applicants need to provide and not requiring EU citizens to provide fingerprints
  • keeping the cost of applying for settled status to no more than that of a British passport
  • enabling caseworkers considering applications to exercise discretion where appropriate
  • ensuring decisions are based solely on the criteria set out in the Withdrawal Agreement, with no discretion for other reasons for refusal

Applicants will be asked to declare any criminal convictions and be checked against UK security databases.

The government expects the majority of applications to be granted. EU citizens will be given a statutory right of appeal, in line with their current rights through the Free Movement Directive, if their application is unsuccessful.

EU Response

The European Parliament’s Brexit steering group has expressed its concern over the proposed settled status scheme. The group argues that settled status for EU citizens should be acquired via a cost-free automatic process in the form of a simple declaration, not via an application process.

Our Advice

It should be noted that the settled status scheme is dependent on the UK and the EU achieving a withdrawal agreement; Brexit negotiations are on-going with the most recent round of talks having taken place on 9th and 10th November.

Newland Chase will bring you further information as it becomes available.

For advice and information on UK immigration in general, please email us at enquiries@newlandchase.com.

This information was provided by the Home Office, the Department for Exiting the European Union and LexisNexis.


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