EU Citizens’ Rights and Settled Status

Brexit and You event with New Europeans, Greek community on 1 March 2019 (information subject to change)

Agenda

• Background

• EU Settlement Scheme – Overview

• EU Settlement Scheme – Application Process (screenshots of application stages for your reference only)

• FAQs

• Impact of no deal

• Some common terms explained (for your reference only)

• Q & A

2

3

Background – Setting the scene

Theresa May’s Deal – current statusInitially voted down on 16 January 2019. Another ‘Meaningful vote’ is expected by 12 March 2019

Possible outcomes:

Current deal agreed Revised deal

agreed

Brexit delayed If current deal and no deal are

both rejected, Govt. expected to

put forward motion to extend

Article 50 to end of June

No Deal Must be approved by

Parliament by 13 March

Second

referendum with

potential no

BrexitWhat does this mean for you? In all scenarios except if there is no Brexit at all, free movement will end (either on 31 December 2020 under the current

proposed deal, or on 29 March 2019 if there is no deal) and you will need to apply for status under the EU Settlement Scheme. The key differences between a

deal and no deal scenario are the key dates by which you and family members need to be resident and apply by (along with other factors such as appeal rights)

4

Background – The timeline (as we know so far)

29 MARCH 2017Article 50 of Lisbon Treaty

triggered, starting the two

year negotiating period

before leaving the EU

AUTUMN 2018

– Pilot 1Home Office began

to accept pre-settled

status and settled

status applications

from employees of

certain NHS and

educational

institutions.

30 MARCH 2019 TO

31 DECEMBER 2020EU nationals can apply for pre-

settled or settled status. Those

entering during this period for over

three months may need to register

their presence (apply for

European Temporary Leave to

Remain).

30 JUNE 2021Deadline for pre-settled

and settled status

applications if there is a

deal ( if there is no deal ,

the deadline is 31

December 2020).

23 JUNE 2016Referendum on

membership of the EU

took place in the UK

21 JUNE 2018Details of the EU Settlement

Scheme announced

29 MARCH 2019The UK leaves the EU at

11.00pm. Settlement Scheme

open to all applicants

1 JANUARY 2021Transition period ends, as

does free movement. New

entrants may need a visa and

permission to live in the UK

21 January

2019 – Pilot 2Home Office began

to accept pre-settled

status and settled

status applications

from EU nationals

and family members

holding BRP cards

If there is no deal, 31 December

2020 is the deadline to apply for

status and you must be living here

by 29 March 2019

You can potentially

apply from now

Deadline to apply for

status in the withdrawal

agreement which was

voted down

Govt. may request an extension

to June 2019 depending on

votes on 12 & 13 March 2019

EU SETTLEMENT SCHEMEWho can apply?

5

6

EU Settlement Scheme – Who should apply if there is a deal

• EU nationals exercising treaty right of free movement in the UK

• Their family members (who can be ‘third country nationals’) who reside in the UK on the basis of their relationship to an EU national

• Family members relocating to the UK, provided that the relationship existed by 31 December 2020

• EU nationals who hold a EC Residence Card or EC Permanent Residence card will also need to apply unlessthey will apply to naturalise as a British citizen before the end of 2020. Holding a permanent residence card doesnot exempt you from making the settled status application, you need to convert this to settled status oracquire citizenship

• If you already hold British citizenship, you do not need to apply.

7

EU Settlement Scheme– Who should apply if there is no deal?

• EU Settlement Scheme will remain the same as proposed for those resident in the UK by 29 March 2019. Those who have settled status will continue to be able to leave the country for up to 5 consecutive years without losing their right to return

• This guarantee would only extend to those resident in the UK by 29 March 2019. They will need to apply by 31 December 2020.

• Family members relocating to the UK, provided that the relationship existed by 31 December 2020

• Family members: Existing close family members can join an EU national who holds settled status in the UK. Theymust apply by 29 March 2022 provided that the relationship existed by 29 March 2019 and continues to exist. Afterthis date, UK Immigration Rules will apply. Children born overseas after 29 March are protected.

• If the relationship did not exist by 29 March 2019: Close family members must apply to join an EU national by 31December 2020. After this date, UK Immigration Rules will apply.

• From 30 March 2022: Family reunion rights of EU citizens fully brought into line with UK nationals.

EU SETTLEMENT SCHEMEOverview

8

9

Settled or Pre-Settled Status

‘Settled status’ ‘Pre-settled status’

• Resident for 5 years or more in the UK

• Resident in the UK by 31 December2020 (unless no deal)

• Those who apply before 30 March 2019will pay £65 for adults and £32.50 forchildren which will then be reimbursed

• 2-3 week processing time

• Apply by 30 June 2021 (31 December 2020 if no deal)

• Absences: Once you have settledstatus, you will lose it if you are absentfrom the UK for 5 consecutive years

• Resident for less than 5 years in the UK

• Resident in the UK by 31 December 2020 (unless no deal)

• Those who apply before 30 March 2019will pay £65 for adults and £32.50 forchildren which will then be reimbursed

• 2-3 week processing time

• Apply by 30 June 2021 (31 December 2020 if no deal)

• Absences – to qualify for and tomaintain pre-settled status, you mustensure your absences do not exceed 6months in any 12 month period.

• There is a single exemption allowed fora single absence of up to 12 month foran important reason. e.g. childbirth,overseas posting, sickness

• Once you have reached five years ofresidence, you will need to convert tosettled status

10

OVERVIEW OF ALL STEPS

EU national or non-EU national family member of an EU national with a BRP card decides to apply under the EU Settlement Scheme

Step 1:

Applicant downloads the app and enters contact details. The app is only available on Android devices

Step 2:

Applicant verifies contact details through a pin sent to them via the contact details entered in Step 1

Step 3:

Applicant scans their passport on the app and takes a selfie. Identity

information is then verified

Step 4:

Applicant completes the online application form (this will also be sent to the applicant via email). The NI number will be required

and the applicant will declare any criminal activity

Step 5:

Pay the application fee (£65 for adults and £32.50 for children, free

for those with residence cards). The fee will not be payable from 30 March and applicants under the

pilot will be able to claim a reimbursement

Step 6:

The UKVI will use the applicant’s NI number to search HMRC records to verify length of

residence. The online system will state whether the applicant is being

considered for Settled or Pre-Settled status

Step 7:

If the applicant has resided in the UK for longer than the Home Office’s assessment, they can

upload further documents

Step 8:

The UKVI reviews the extra information

Step 9:

The UKVI checks the applicant’s records for serious criminal

convictions

Step 10:

Settled or Pre-Settled Status is awarded. The applicant receives an email of confirmation with links to an online portal. They can give access to employers to confirm

right to work in the future

Step 11:

If the application is rejected, the applicant can apply for an

administrative review or reapply. May be able to appeal if they apply

after 29 March 2019

Overview of required documents

EU nationals will require the following:

• Original valid passport;

• National Insurance number;

• A credit or debit card to make payment- Until 30 March 2019;

• Individuals may also need to provide proof of residence (e.g. P60s, bank statements, utility bills)

Non-EU nationals will require the following:

• Passport number

• Original biometric residence card

• National Insurance number

• A credit or debit card to make payment- Until 30 March 2019

• Evidence of relationship to EU sponsor who is residing in the UK (e.g. birth certificate, marriage certificate, evidence of cohabitation)

• Individuals may also need to provide proof of residence (e.g. P60s, bank statements, utility bills)

EU Settlement Scheme- Screenshots of the application process (for your

reference, we will not cover in detail)

Step 1: Evidence of identity- the app

14

Proof of identity

The applicant will need to submit evidence of their identity as part of the application process. This can be submitted by one oftwo ways:

• Now until 30 March 2019- Via the EU Exit: ID Document Check app

OR

• After 30 March 2019- At an ID document scanner location. Note that some people can go to centres now to use the app too:

They will need an Android device to use the app:

• To be an Android 6.0 or above

• To have at least 135MB of storage space to install the app

• To be connected to 3G/4G or Wi-Fi

• To have NFC – this can be found in the device settings but if the phone can be used to pay for things using ‘contactless’, this means it has NFC.

Fragomen has x2 Android tablets. They need to be booked out so we do not double book them.

... https://www.gov.uk/government/publications/eu-settlement-scheme-id-document-scanner-

locations/locations-offering-chip-checker-services

15

Using the app

There are several steps:

• Step 1 – Creating a profile

• Step 2 – Scanning the identity document

• Step 3 – Checking the identity document’s information

• Step 4 – Scanning the face

• Step 5 – Taking a photo

Using the app takes approximately 10 minutes.

The individual will need their mobile phone

and access to their emails

16

Email confirmation

After using the app to verify the applicant’s identity, the applicant will receive an email.

They must verify their email address before clicking on the link in the email to take them to the online application

https://apply-for-eu-settled-status.homeoffice.gov.uk/start/eu-settlement

Step 2: Online application

17

18

Registering online profile

Step 2:

Provide date of birth

Step 1:

Confirm details of identity

document

19

Registering online profile

Step 3: Security verification

The applicant will then need to undertake a security check. They can choose whether a verification is sent as a text message or as an email.

Once they have received a code, they will need to submit this on the application form in order to proceed with the next steps.

20

Landing page

After confirming their identity, the applicant will then be asked a series of question to help the Home Office assess which type of Status they are eligible for.

After completing each section you will then return to this landing page and can log out and come back to this later

21

Review and submission

To confirm eligibility and you do not have a disqualifying criminal conviction

Before the application is submitted, the applicant will be able to review all of the answers:

22

Setting Security Questions

• The applicant will then be asked

three questions.

• They should make a note of the

answers as if the Home Office

need to speak to them about

their application, they may ask

the answers to these questions.

• If they do not know the

answers, the Home Office may

not be able to discuss the

application with the applicant.

23

Payment

• On 21 January 2019, Theresa May announced that there will be no government fee when the scheme opens fully on 30 March 2019.

• As the Scheme is still in the ‘testing phase’, the payment will still be required but the fee will be refunded.

• The fee to apply is £65 for an adult and £32.50 for children under 16.

• After the fee has been paid, the Home Office will undertake an automated check of the UK tax and benefit records (using the NI number provided).

• The applicant will see the results immediately

Step 3: Evidence of relationship

IF APPLICABLE – ONLY FOR

FAMILY MEMBERS OF AN EU

NATIONAL

25

Evidence of relationship (If Non-EU national)

• Once payment has been made, evidence of the family relationship must then be added.

o examples of evidence would be a birth certificate, a marriage certificate, a civil partnership certificate, or a residence card for unmarried partners.

o if you have a valid permanent residence document you do not need to provide this proof of relationship or evidence of your family member’s identity and residence.

• If the EEA national has not applied, evidence of their identity and that they’ve been resident in the UK for either:

o at least one day in the last 6 months, if the applicant is providing evidence for pre-settled status

o the period they’ve been the applicant’s sponsor, if they are providing evidence for settled status

• If you have more than one sponsor, this period that they are applying for must be covered between them.

Step 4: Outcome

27

Outcome- Settled Status

• You will immediately see if you are being

considered for Settled Status.

• After submitting the application it is then

processed by UKVI. Upon approval you

receive an email confirming your status and a

link to review your profile.

28

Outcome- Pre-Settled Status

They will be given two options:

A) Submit application for Pre-Settled status OR

B) Provide evidence that they are eligible for

Settled Status

• The applicant will be able to tell the Home Office which period(s) of time they need to provide evidence for (for example, 6 months of 2015).

• They will not need to provide evidence for their entire UK residence but just enough to show that they qualify for either Settled or Pre-Settled Status.

• All the documents which they submit as evidence must be dated and they should have their name on.

Processing times

Published processing times are 2-3 weeks

We can currently seeing applications processed within one week

Processing time for settled status and dependant applications are likely to be longer than for pre-settled status

If your application is refused, you should be able to apply again bythe relevant cut off date.

From March 2019, you may have a full right of appeal until 31December 2020 if there is a deal. Until then, you can ask theGovernment to review the decision. Your status is protected duringan appeal so you may continue to work but this can becomecomplex so you should seek legal advice.

29

FAQs

• Settled status – how long can I spend overseas?

• Complex cases – how to identify

• Apply to become a British citizen

30

Settled status – how long can I spend overseas?

To qualify for settled status

No more than 6 months in 12 months

But a single absence of less than

12 months will be permitted if for an

important reason e.g. childbirth,

overseas posting, sickness

To maintain settled status

No more than 5 consecutive years

31

Complex cases which may require specific legal advice

32

Non-EU carers of EU children in the UK

Extended family members

Non-EU nationals where the EU spouse / partner has died

Non-EU spouses / partners of EU nationals where the relationship has broken down

Family members of dual EU-UK nationals

EU nationals who have ceased employment / self-employment in certain circumstances

Family members of UK nationals who have moved back to the UK after a period in the EU

Can I still become a UK citizen?

Eligible for citizenship 12 months after the date on which you are granted settled status under the new

scheme

Eligible for citizenship immediately once you have obtained evidence of permanent residence if you are

married to a British Citizen

Eligible for citizenship 12 months after the date on which you acquired the right of permanent residence

under the Free Movement Directive (this is the older application for ‘a Permanent Residence’ card you may

have held previously)

33

Stricter rules apply to residence and criminality for citizenship

Impact of no deal

• Short term visits

• Family Members

• New arrivals from 30 March 2019

34

35

No Deal – European Temporary leave application

• EU citizens who arrive after 29 March to stay longer than three months will need to apply to the Home Office to remain within three months of arrival.

• Subject to identity, criminality and security checks, the application should be granted for 36 months which will include permission to work and study.

• This will be non-extendable and so those who wish to stay longer-term will need to apply in under the future border and immigration system arrangements.

• There may be some who do not qualify under the new arrangements and who will need to leave the UK when their leave expires.

• Application fees will be payable. The precise amounts will be set out in fees regulations in due course.

36

No Deal – Impact on EU nationals

• EU citizens and their family members already resident in the UK by 29 March 2019 will not be impacted. They will have until 31 December 2020 to apply to the EU Settlement Scheme

• From 30 March 2019, EU citizens coming for short visits will be able to enter the UK, as they can now, and stay for up to three months from each entry

• EU citizens will continue to be able to enter the UK using e-gates when travelling on a biometric passport.

• The UK deportation threshold will be applied in the case of criminality and conduct committed after the UK’s exit.

• Until 31 December 2020, EU citizens will be able to enter the UK by showing either a valid national identity card or a passport

• So to recap:

- EEA nationals living in the UK before 30 March 2019: you will apply under the EU Settlement Scheme

- EEA nationals relocating to the UK on or after 30 March but before 31 December – can enter the UK by showing valid passport/ID card & remain for up to 3 months. To stay for longer, they will apply under the

European Temporary Leave Regime

- EEA nationals relocating on or after 1 January 2021 – will apply under the new immigration regime

37

No Deal – Family Members

• EU citizens who arrive on or after 30 March 2019 may be accompanied by their EU citizen family members

• Non-EU/UK national family members who wish to accompany or join an EU citizen under these arrangements will need to apply in advance for a family permit.

• The definition of a family member for non-EU/UK nationals will be restricted to a spouse, a partner, or a dependent children under 18.

38

Some common terms explained

EU national – a national of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia,

Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland,

Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and UK

EEA national – includes EU nationals and also nationals of Iceland, Liechtenstein and Norway

Switzerland - is neither an EU nor EEA member but is part of the single market - this means Swiss nationals have the same

rights to live and work in the UK as other EEA nationals

Non-EU family – a family member of an EU national, who is not themselves an EU national

Close family – spouse, civil partner, durable partner, dependent child or grandchild (including of the spouse or civil partner),

or dependent parent or grandparent (including of the spouse or civil partner)

Family – all of the above and other dependant relatives

Transition / implementation period – this refers to the proposed period between the UK leaving the EU (29 March 2019) and

31 December 2020 during which time the UK and EU will operate as if the UK is still a member of the EU (this may no

longer happen as the agreed deal was voted down by the UK Parliament).

Thank you! Questions?1st Floor, 95 Gresham Street, London EC2V 7NA 0207 090 9100Zahira.Patel@Fragomen.com http://www.fragomen.com