1. SOAS
Brexit briefing
September 2018
Alex Russell

2. Agenda for today EU Settlement Scheme Other actions to consider now
Document collation
Permanent residence
British citizenship
Questions!

3. EU Settlement Scheme

4. So where do we stand? Current status of EEA nationals
Difference between EEA and EU nationals
Norway, Lichtenstein, Iceland, Switzerland

5. Documents to read EU Settlement Scheme employer toolkit
Statement of Intent (June 2018)
Other documents
UK / EU Joint Report (Dec 2017)
UK Government paper Safeguarding the Position of EU Citizens Living in the UK and UK nationals Living in the EU (June 2017)
UK Government Technical Paper (Nov 2017)
Implementation period policy statement (Feb 2018)

6. EU Settlement Scheme – key points
EU citizens resident in the UK by 31 December 2020
5 or more years - settled status
Less than 5 years – pre-settled status (for five years)
Also covers non-EU national family members of EU citizens
Spouse, civil partner, durable partner, dependent child or grandchild, and dependent parent or grandparent

7. Implementation period
Until 31 December 2020
Blanket permission to remain during period
Applications must be made by 30 June 2021

8. Settled status rights
Reside in UK in any capacity and undertake any lawful activity
Access to healthcare, benefits, pension, social security on similar basis to British nationals
Loss of status if outside the UK for more than 5 continuous years
Pre-settled status rights same as under current rules

9. Who will need to apply? All EU nationals
Streamlined no fee process for EU nationals with permanent residence documents
Irish nationals do not need to apply
But note family members
No quota

10. Qualifying criteria 3 core criteria
Identity
Residence / relationship
Criminality / security
Note: no requirement for qualifying activities, CSI, travel log, language competency, or health surcharge

11. Qualifying criteria Identity Residence Criminality / security
EU passport or NI card and uploading photo
Residence
NI number (potentially P60s, bank statements, utility bills)
Criminality / security
Declaration
Serious or persistent criminals or threat to security

12. Continuous residence
Continuity broken by periods of absence from UK exceeding 6 months in total in any year
But continuity not broken by
Periods of absence from the UK on military service
A single period of absence not exceeding 12 months for important reason such as pregnancy/childbirth, serious illness, study or vocational training, overseas posting, or other ‘important reasons’

13. Application process Streamlined digital online application
Designed for smartphone and tablets
Limited documents and cross departmental checks
Opportunity to provide supplementary evidence
Low cost – £65 for adults, £32,50 for children under 16
No physical document unless from outside the EU

14. Family members Family members on 31 December 2020
Lifetime right to join EU national in UK under Settlement Scheme
Not family members on 31 December 2020
No lifetime rights

15. Actions to consider now
EEA nationals should consider
Permanent residence
British citizenship
Retain key documents
Watch developments
But what if there is no deal?

16. Permanent residence

17. Why bother applying? Sensible to have documents evidencing status
Streamlined no cost application for settled status
Currently necessary for citizenship application
Enhanced rights?

18. Permanent residence – acquisition
EEA nationals acquire PR after ‘residing legally’ in the UK for continuous period of 5 years
Also covers non-EU national family members of EU citizens
Residing legally
Continuous residence
Qualifying person

19. Qualifying person
EEA nationals have initial right of residence for 3 months
Right of residence beyond 3 months if ‘qualified person’
Worker
Jobseekers
Self-employed
Student
Self-sufficient person

20. How to apply Online form for most applications
Travel log not required
List of required documents generated
European passport return service
Guidance notes for alternative documents
£65
Which 5 year period to rely upon?

21. Citizenship

22. Naturalisation Consider, but…..
Dual nationality not permitted by all countries
Some countries have procedural requirements
Can result in applicant or family members losing citizenship of other countries
May also affect tax position and pension eligibility

23. Naturalisation - routes
Two main categories depending on whether applicant is spouse of partner of a British citizen
No British citizen spouse – 6 year route
British citizen spouse – 5 year route
Different requirements apply to each route

24. Naturalisation – main requirements
Residence
Future intentions
Good character
Knowledge of language and life in the UK
Fairly straightforward

25. Further guidance Forms and guidance notes Modernised Guidance (PR)
EEA(PR)
Form AN, Guide AN, Booklet AN
Modernised Guidance (PR)
Nationality Instructions (Citizenship)
Nationality Checking Service (Citizenship)

26. Questions