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In the event of a no-deal Brexit, EU citizens' residencyrights may no longer be protected by primary legislation. The EUSettlement Scheme (EUSS) will afford eligible citizens a newimmigration status, and subsequently the right to remain in the UKafter Brexit.

EU, European Economic Area (EEA)* and Swiss citizens ('EUcitizens') wishing to remain in the UK after Brexit will berequired to apply to the EUSS for either settled or pre-settledstatus. This includes family members of those from the EU, EEA, orSwitzerland, EU citizens married to British citizens.

Successful applicants will be granted either settled orpre-settled status based on established criteria. Those applicantswho are granted settled status can reside in the UK for so long asthey wish and may even be able to apply for UK citizenship. Thosewho get pre-settled status can remain in the UK for five years, andthen apply for settled status after 5 years' continuousresidence. Both statuses will be awarded the right to work in theUK, use the NHS for free enroll in education or continue studying,access public funds where they are so eligible and travel freely inand out of the UK.

Under the EUSS, people who don't apply will have noimmigration status, making them vulnerable to removal.

EU citizens who relocated to the UK before it joined the EU in1973 will likely have 'indefinite leave to remain'. Theseindividuals need not apply to the EUSS, but may choose to do so.Individuals who work in the UK but do not live there ('FrontierWorkers') also need not apply.

The deadline for applying is 30th June 2021.

The deadline for close family members living overseas to jointheir respective family members in the UK is 31 December 2020.

In order to obtain settled status, EU, EEA and Swiss citizensmust provide proof of having lived in the UK, the Channel Islandsor the Isle of Man for at least 6 months in any 12-month period for5 consecutive years (unless a valid permanent residence document,or valid indefinite leave to remain in or enter the UK is held).Those with less than five years' residence can acquirepre-settled status, which can later be converted into settledstatus.

At the time of publication, it is unknown what the impact willbe on Gibraltarian citizens, or whether a work permit process willbe implemented. Individuals who feel their immigration status maybe affected by the above provisions are encouraged to seek advicein order to safeguard their rights of residence post-Brexit.

NOTES

*The EEA includes EU countries and Iceland, Liechtenstein andNorway.

FURTHER READING

EU Settlement Scheme

Apply to the EU Settlement Scheme (settled andpre-settled status)

If you would like further information please contact EmmaLejeune at emma.lejeune@isolas.gi or HarrietAlmeida at harriet.almeida@isolas.gi

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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