December 17, 2018

Deal, or No Deal, that is the question

The Home Office has published a Policy Document giving an indication of EU nationals' Rights in the UK in the event of No Deal.

This Policy Document is not legally binding but key messages include:

  1. For any EU nationals resident in the UK before 29 March 2019, the UK will honour its commitments under the EU Settlement Scheme. One change will be the requirement to register for Settled Status or Pre Settled Status by 31/12/20 rather than 30/06/21 as presently envisaged in the event of a Deal.
  2. In relation to Family Members of EU nationals with Settled status in the UK, where the relationship existed as at 29 March 2019 (or where a child was born overseas after this date), Family Members have until 29 March 2022 to apply under the EU Settlement Scheme to join / remain with the EU national in the UK. Where the relationship is established after 29 March 2019, the future spouse / partner of the EU national with Settled status will only have until 31 December 2020 to apply under the EU Settlement Scheme.
  3. The position of EU nationals arriving in the UK after 29 March 2019 is less clear. Whilst not specified within the Policy Document, the expectation is that EU nationals (and potentially their Family Members) arriving in the UK after 29 March 2019 will be considered free of UK Immigration Control possibly until 31/12/20. The strong likelihood is that such persons will not be eligible to apply under the EU Settlement Scheme and will not be able to count this time in the UK towards a future application for Settled Status. From 1 January 2021, EU nationals would become subject to a new immigration framework, the format of which is currently not known. Again whilst uncertain, those EU nationals entering between 29/03/2019 – 30/12/20 in order to preserve a right to remain in the UK, will need to transition to a UK Immigration status, thereby becoming subject to UK Immigration control.