EU Citizens Rights and Settled Status Brexit and You event with New - - PowerPoint PPT Presentation
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
Brexit and You event with New Europeans, Greek community on 1 March 2019 (information subject to change)
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Theresa May’s Deal – current status
Initially 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 Brexit
What 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)
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29 MARCH 2017
Article 50 of Lisbon Treaty triggered, starting the two year negotiating period before leaving the EU
AUTUMN 2018 – Pilot 1
Home 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 2020
EU 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 2021
Deadline 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 2016
Referendum on membership of the EU took place in the UK
21 JUNE 2018
Details of the EU Settlement Scheme announced
29 MARCH 2019
The UK leaves the EU at 11.00pm. Settlement Scheme
1 JANUARY 2021
Transition period ends, as does free movement. New entrants may need a visa and permission to live in the UK
21 January 2019 – Pilot 2
Home 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
to June 2019 depending on votes on 12 & 13 March 2019
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an EU national
they will apply to naturalise as a British citizen before the end of 2020. Holding a permanent residence card does not exempt you from making the settled status application, you need to convert this to settled status or acquire citizenship
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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
December 2020.
must apply by 29 March 2022 provided that the relationship existed by 29 March 2019 and continues to exist. After this date, UK Immigration Rules will apply. Children born overseas after 29 March are protected.
December 2020. After this date, UK Immigration Rules will apply.
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‘Settled status’ ‘Pre-settled status’
2020 (unless no deal)
will pay £65 for adults and £32.50 for children which will then be reimbursed
2020 if no deal)
Once you have settled status, you will lose it if you are absent from the UK for 5 consecutive years
2020 (unless no deal)
will pay £65 for adults and £32.50 for children which will then be reimbursed
2020 if no deal)
– to qualify for and to maintain pre-settled status, you must ensure your absences do not exceed 6 months in any 12 month period.
a single absence of up to 12 month for an important
residence, you will need to convert to settled status
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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
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
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
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
EU nationals will require the following:
Non-EU nationals will require the following:
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The applicant will need to submit evidence of their identity as part of the application process. This can be submitted by one of two ways:
OR
too: They will need an Android device to use the app:
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
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There are several steps:
Using the app takes approximately 10 minutes. The individual will need their mobile phone and access to their emails
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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
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Step 2: Provide date of birth Step 1: Confirm details of identity document
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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.
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After confirming their identity, the applicant will then be asked a series
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
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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:
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three questions.
answers as if the Home Office need to speak to them about their application, they may ask the answers to these questions.
answers, the Home Office may not be able to discuss the application with the applicant.
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that there will be no government fee when the scheme opens fully on 30 March 2019.
the payment will still be required but the fee will be refunded.
for children under 16.
will undertake an automated check of the UK tax and benefit records (using the NI number provided).
IF APPLICABLE – ONLY FOR FAMILY MEMBERS OF AN EU NATIONAL
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family relationship must then be added.
certificate, a marriage certificate, a civil partnership certificate, or a residence card for unmarried partners.
document you do not need to provide this proof of relationship or evidence of your family member’s identity and residence.
their identity and that they’ve been resident in the UK for either:
applicant is providing evidence for pre- settled status
sponsor, if they are providing evidence for settled status
that they are applying for must be covered between them.
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considered for Settled Status.
processed by UKVI. Upon approval you receive an email confirming your status and a link to review your profile.
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They will be given two options: A) Submit application for Pre-Settled status OR B) Provide evidence that they are eligible for Settled Status
which period(s) of time they need to provide evidence for (for example, 6 months of 2015).
entire UK residence but just enough to show that they qualify for either Settled or Pre-Settled Status.
must be dated and they should have their name
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 by the relevant cut off date. From March 2019, you may have a full right of appeal until 31 December 2020 if there is a deal. Until then, you can ask the Government to review the decision. Your status is protected during an appeal so you may continue to work but this can become complex so you should seek legal advice.
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spend overseas?
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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,
To maintain settled status No more than 5 consecutive years
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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
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)
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Stricter rules apply to residence and criminality for citizenship
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remain within three months of arrival.
include permission to work and study.
and immigration system arrangements.
leave expires.
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have until 31 December 2020 to apply to the EU Settlement Scheme
up to three months from each entry
passport
showing valid passport/ID card & remain for up to 3 months. To stay for longer, they will apply under the European Temporary Leave Regime
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need to apply in advance for a family permit.
children under 18.
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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),
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).
1st Floor, 95 Gresham Street, London EC2V 7NA 0207 090 9100 Zahira.Patel@Fragomen.com http://www.fragomen.com