Secretary of State Announces Policy for Settled and Pre-settled Status for EU Migrants

The situation

The UK Secretary of State announced the policy for settled and pre-settled status for EU migrants in the United Kingdom prior to Brexit. A summary of the announcement is below:

How will this policy affect individuals living in the United Kingdom?

• EU nationals and their family members living in the United Kingdom before the end of the transition period will need to make an application to register their status.
• Five years of continuous residence will lead to settled status, with a bridging pre-settled status available for others, until they meet the five years required for settlement.
• Individuals who already hold valid permanent residence or indefinite leave to remain will be able to switch to settled status free of charge.
• Close family members living overseas will still be able to join an EU citizen resident in the United Kingdom after the implementation period, where the relationship existed on December 31, 2020 and continues to exist when the person wishes to come to the United Kingdom.

 

How will the EU Settlement Scheme work in practice?

• The scheme will operate online and will be accessible by computer, tablet or smartphone.
• It is said to be short, simple and user-friendly. In most cases, applicants will be asked to confirm their identity and continuous residence in the United Kingdom, and criminal conviction checking will be undertaken.
• Applications will cost GPB 65 for adults and GBP 32.50 for children under 16 (it will be free to children in care, which refers to children who are looked after by a local authority if a court has granted a care order).
• The Home Office will check the applicant’s tax records using data held by the HM Revenue & Customs and, in due course, the Department of Work and Pensions when processing applications for status.
• The applicant will also be able to scan and send other evidence if they have been in the United Kingdom longer than their tax records show.
• The Home Office have said that they are expecting to grant the vast majority of applications, with refusals most likely to be in cases of serious and / or persistent criminality.
• Where an application is refused under the scheme, there will be a right to request an administrative review of the decision.
• Status granted under the EU Settlement Scheme will provide a right to work, study and access public services and benefits.
• Digital confirmation of status will be given; no physical document will be issued to successful applicants (although non-European Economic Area family members will be issued with a biometric residence permit in most cases).
• The EU Settlement Scheme will be implemented from late 2018.

 

What can employers and impacted individuals do now?

• Employers can:
  • Audit and update records of EU employees in order to understand which employees may need information and which will need evidence of a right to work after Brexit.
  • Give useful and reassuring information to those employees setting out the plans for EU nationals to register their status.
  • Highlight that limited supporting documentation will be required in support of applications.
  • Develop financial assistance policies. Employers are increasingly being asked if they will cover the cost of registration for employees and their families. 

 

• Individuals can plan around the published timelines and consider what documentation may be required to support their evidence of residence / family relationships in the United Kingdom where appropriate.

 

Please visit Fragomen’s Brexit microsite for more information.  

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].