EEA nationals and their family members currently have the right to reside in the UK to work, study, enter into business or be self-sufficient in accordance with EU law.
Following the December 2019 election, the UK government has stated that the UK will leave the EU on 31st January 2020. However, this process is subject to ongoing negotiations.
EU Applications and Brexit
EEA nationals and their family members living in the UK will be understandably worried about their ability to remain living and working here.
For now, their rights remain the same. Under EU law EEA nationals are entitled to reside in the UK providing they are exercising Treaty rights and to have their family members with them.
For more advice on the implications of Brexit on EU applications, please visit our Brexit page.
EU Settlement Scheme
EEA nationals and their family members must apply for Settled or Pre-settled status under the EU Settlement Scheme by 31 December 2020 in order to be able to remain living in the UK after this date.
The application scheme was opened fully in March 2019. Applications for Settled and Pre-settled status are made under the Immigration Rules for Indefinite or limited Leave to Remain.
The EU Settlement Scheme is designed to be a far simpler process than for applications previously made under the EEA Regulations. EEA nationals and their family members only need to prove their identity and residence in the UK and not that they are exercising or have exercised Treaty rights under the EEA Regulations. The UKVI will automatically check residence against National Insurance and benefits records and will only require additional evidence if these do not show a continuous period of residence. Applicants will also need to disclose if they have any criminal convictions.
There is no fee for making the application.
EEA nationals are not issued with a physical document to confirm their status but an electronic-only confirmation. However non-EEA national family members will be issued with a Biometric Residence Card.
Settled status
To obtain Settled status applicants will need to show they have been resident in the UK for 5 years.
A grant of Settled status is Indefinite Leave to Remain and is granted under the Immigration Rules. It replaces Permanent Residence.
Pre settled status
To obtain Pre-settled status applicants will need to show that they are resident in the UK but there is no minimum period of residence required.
A grant of Pre-settled status is Limited Leave to Remain granted under the Immigration Rules. It replaces Residence Certificates and Cards.
Helping with your EU Application
Our specialist team in Newcastle upon Tyne and South Shields can advise on EU applications. We can also advise on challenging any refusal.
Contact Us
You can talk to Molly Beattie by telephone on 0191 232 9547 (ext. 1306) or contact her by email to molly.beattie@davidgray.co.uk.
Alternatively, you can book an appointment and visit us at one of our North East offices:
Newcastle:
56 Westgate Road, Newcastle Upon Tyne, NE1 5XU
South Shields:
142 Fowler Street, South Shields, Tyne & Wear, NE33 1PZ
Our Fees
In accordance with rules published by the SRA, as of December 2018 all firms offering this type of work must publish details of prices and personnel undertaking the work. Please see our dedicated fees page for more information.
