BREXIT NEWS

The global pandemic has overtaken Brexit as thetopical issue of our times. However, as we approach31st December 2020, Brexit is hitting our headlinesagain as many Europeans and their familymembers ask themselves what exactly will happen after this date when EU law ends.

BREXIT AND IMMIGRATION

WHAT TO DO AFTER

EU SETTLEMENT SCHEME

HOW TO APPLY

November 2020

The latest updates for Europeans

and their family members

HOW TO PROVE YOUR

RIGHTS

This article will give you an update of the key dates, what they mean and what you need to do toprotect your rights and those of your family members living in the UK. It is also important to notethat there will be changes in relation to those wishing to enter the UK after 31st December 2020and as you will see, certain family members do have to make an application before this date.

BREXIT IS STILL HAPPENING

How does Brexit affect my family and my children?Is there a deadline?

What do I need to do?

Clear information is vital so that all Europeans and their family members are able to protecttheir status in the United Kingdom. Keep yourself updated and share this information withothers.

BREXIT DAY END OF FREE MOVEMENT END OF GRACE PERIOD

31/01/2020 31/12/2020 30/06/2021

The UK left the European Union on 31st January 2020 - "Brexit Day".From that day, the UK has been in a transition period during which thecountry effectively remains in the EU´s customs union and singlemarket. The transition period ends on 31st December 2020.

BREXIT AND IMMIGRATION

Free movement still appliesEU Settlement Scheme already available

Transition Period:For Europeans and family membersalready living in UK before31/12/2020

Grace Period to apply to EUSS:

From an immigration standpoint, the 'Withdrawal Agreement', which entered into force on 1stFebruary 2020, protects the rights of both EU citizens living in the UK and those UK nationals livingabroad in EU countries. The freedom of movement rules have continued to apply from "BrexitDay" and up to 31st December 2020. Until the end of the year, all EU citizens and their familymembers are allowed to enter the UK as usual according to EU Free Movement Law - (Immigration EEA Regulations 2016).

The requirement for those who wish to stay in the UK beyond thatday is to apply to the EU Settlement Scheme. The deadline tocomplete the application is at the end of the grace period on the 30thJune 2021.

EU Citizens who wish to enter the UK after the 31st December 2020will be able to enter as visitors without a visa for short-term trips. If theywish to enter the country for work or to study, they will have to followthe rules within UK immigration law.

APPLY, UPDATE AND PROTECT YOUR RIGHTS.

Your immigration status determines your access to work, education, medical

assistance, benefits, accommodation and others.

DO NOT RISK IT.

EU SETTLEMENT SCHEME

As previously mentioned, the 'Immigration EEA Regulations 2016' is the legal instrumentregulating the right to entry and reside of EU citizens in the UK. We will sadly say goodbye to theseregulations on 31st December 2020, when Free Movement will end.

Direct family members (married partners, children and parents), when their relationshipbegan before the 31st December 2020, will be able to join their European family member inthe UK as usual. For direct family members the 31st December is not a deadline.

Extended family members like siblings, cousins, uncles and aunties are no longer consideredunder the EU Settlement Scheme rules, unless they had previously obtained an EEA residencecard under the current EEA Regulations 2016. This means that these extended familymembers have a deadline on 31st December 2020 to apply under the European legislation. Ifthat application is successful, they will then need to apply to the EU Settlement Scheme oncethey enter the United Kingdom.

2. Some family members of EU citizens will be able to enter the UK after 31st December2020 but the new legislation in place is more restrictive than previous EU regulations, which meanthat:

From that moment on, all immigration issues will be decided according to internal UK legislation,which includes the the EU Settlement Scheme - 'EUSS'. No European legislation will apply anylonger. The consequences of this are:

All EU Citizens and their family members, who entered the UK before the 31st December2020 and wish to stay in the country, MUST apply to the EU Settlement Scheme before 30thJune 2021.

1.

This includes CHILDREN of all ages.

length of their stay in the countryfamily ties or others. having a document being issued under theEEA Regulations 2016 (i.e blue card, stampin passport, old-style BRP), as they will notbe recognised any longer from 31stDecember 2020.

All EU citizens and their family membersMUST apply for the EUSS regardless of theirconnection to the UK in terms of:

If EU citizens and family members do notapply to the EU Settlement Scheme...

THEY WILL BE UNDOCUMENTED AND WILL HAVE NO RIGHT TO

REMAIN IN THE UK

It is important to seek legal advice if you areconcerned about your immigration status.

HOW TO APPLY TO THE EU SETTLEMENT SCHEME

Learn how to use the app here.

EEA citizens and family members with aBiometric Residence Permit are able to applyusing the app EU Exit: ID Document Check.

DOCUMENTS NEEDED TO COMPLETE YOUR APPLICATION

IRMOLatin American HouseLatin American Disable's People Project

If you need help to apply, contact one of thefollowing organisations below for assistance,freeof charge:

Find out more information here.

Other family members must apply online andbook an appointment to provide biometrics(fingerprints and picture).

A letter will be emailed to you confirming your pre-settled or settled status. You can view your status or prove it to someone else online.Biometric Residence Permits will be sent to those family members who did not have one.

If your application is successful:

WHAT TO DO AFTER BEING GRANTED YOUR STATUS

If you obtained Pre-settled Status (limited leave to remain):

PROVE YOUR RIGHTS

1. Update your online profile2. Do not leave the UK for more than 5 yearsin a row. Otherwise, the settled status willlapse.

Absences from the UK

for those with Pre-Settled Status

You will need to complete 5-years residence in the

UK to qualify for Settled Status. You should try to

not have more than six months absences in any

12-month period, during these five years, otherwise

you will usually have to accumulate the five years

all over again.

After 30th June 2021 your rights will be proven through your online profile. Therefore, it isvital that your profile is always updated with your current email, phone number and address. Youalso need to update it after renewing your passport.

Update your online profile

Do not leave the UK for more than 2

years in a row. Otherwise, the pre-settled

status will lapse.

Apply for settled status once you have

lived in the UK for 5 years and before your

pre-settled status expires.

1.

2.

3.

If you have left the UK for more than 6months and are applying for SettledStatus.If you have a Biometric Residence Permitas a family member of a EU citizen and itis expiring

It is highly recommended to seek legal advice:

Your right to work, access education and medical assistance, receive benefits and even to right torent a room or a flat, depend on your immigration status. You can still prove your rights in theUK until 30th June 2021 with your passport or national identity card (if you’re an EU, EEA orSwiss citizen), or with your biometric residence document.

Check out our video to know how to access your profile, update it and prove your rights.Check out our FAQs more for information about Brexit .

If you obtained Settled Status (indefinite leave to remain):

Qualified Immigration

Advisers

APPLY UPDATE PROTECT YOUR RIGHTS

After a year of having been granted settledstatus, it is possible to apply for the Britishcitizenship.

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