1. University of East Anglia
Brexit briefing
January 2019
Alex Russell

2. Agenda for today EU Settlement Scheme No deal implications
Other actions
Questions!

3. So where do we stand? UK / EU deal Rejection of Withdrawal Agreement
No deal scenarios
No deal policy paper (6 December 2018) for EU nationals resident in UK by 29 March 2019
No deal policy paper (28 January 2019) for EU nationals entering from 30 March 2019

4. Documents to read See Gov.uk website Statement of Intent (June 2018)
EU Settlement Scheme employer toolkit
EU Settlement Scheme guidance
No deal policy papers (6 December 2018 and 28 January 2019)

5. 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

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

7. Who will need to apply? All EU nationals except
Those with ILR
Irish nationals (but note family members)
Streamlined process for EU nationals with permanent residence documents

8. When can you apply?
Pilot opened on 21 January 2019 for those with passport or BRP
Scheme should be fully open by 30 March 2019
One to two week turnaround
Current processing times
No rush – deadline is 30 June 2021

9. 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

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
Opportunity to provide supplementary evidence
No fee
But £65 fee if apply during pilot (will be reimbursed)
No physical document unless from outside the EU
Digital status checker

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. No deal scenario (1) Those resident in UK by 29 March 2019
Broadly same rights as per Withdrawal Agreement
Application deadline will be 31 December 2020
Less generous rights for family members

16. No deal scenario (2) EU nationals arriving from 30 March 2019
Transitional arrangements until 31 December 2020
Enter for up to 3 months with no visa. Those who wish to stay for more than three months to apply for leave
Granted for 36 months to include permission to work and study
ID and criminality/security check
Fee to be confirmed

17. No deal scenario (3) EU nationals arriving from 30 March 2019 cont.
Leave not extendable so will then need to apply for leave under new immigration system
Non EU family members require family permit in advance
Continued use of e-gates
Employers not required to distinguish according to arrival date

18. Student issues
Students starting 2019/2020 – home fee / funding regime for course duration
Student starting 2020/2021 – framework unknown

19. The new world…. Immigration white paper
Proposals for immigration system
From 1 January 2021
Key aim: treat EU nationals seeking work in UK in the same way as non-EU nationals
Sponsorship system will be applied (with limited exceptions) to job-seekers from the EU

20. Other actions? Permanent residence British citizenship
Retain key documents
Watch developments

21. Questions