Safeguarding the Position of EU Citizens Living in the UK and UK Nationals Living in the EU after Brexit | British Government Policy Paper June 26, 2017, Paragraphs 35-39 of 59
Application Process | Post Brexit Settlement of EU Citizens in UK
35) Our aim is to make the application process as streamlined and user-friendly as possible for EU citizens and their families lawfully resident in the UK. We intend to use existing government data, such as income records, to minimise the burden of documentary evidence required (for example, to prove continuous residence). It is likely that those EU citizens and their family members who wish to take advantage of the streamlined digital process will need to provide evidence of their passport to prove their identity. The Home Office may also need to capture evidence of EU citizens’ biometric information during the application process to protect against fraud.
36) We recognise the cost of the new scheme will be important for EU nationals. The UK intends to set fees at a reasonable level. We will publish further details in due course.
37) There is no need for EU citizens to seek residence documentation now under the current free movement rules. These documents confirm that EU citizens are exercising their free movement rights in another member state. As free movement rights will end on the UK’s exit, we intend to introduce a replacement scheme under UK law. EU documents certifying permanent residence will not be automatically replaced with a grant of settled status, but we will seek to make the application process for settled status as streamlined as possible for those who already hold such documents.
Voluntary Scheme to Obtain Settled Status BEFORE UK’s Departure
38) We have been clear that EU citizens will enjoy all of their current residence rights until the new UK legal regimedescribed above begins after our exit from the EU, and they will have time to secure their new status post-exit. However, the Government does intend to introduce a voluntary scheme to enable eligible EU citizens to apply for their permission to stay and residence document before the UK’s withdrawal from the EU. This will enable them to obtain their UK immigration status at an early stage, should they wish to do so, in order to ensure as smooth and efficient process as possible for EU residents here. Details will be advertised in due course.
39) After our departure, it will become mandatory to apply for permission to stay in the UK. The eligibility criteria (as set out above) will be the same as under the voluntary system. As set out in paragraphs 23 and 26, there will be a grace period of blanket permission to allow EU citizens and their families time to apply for permission.
Figure 1: Illustration of the government’s policy with regard to providing continuity of immigration rights for EU citizens and their families following the UK’s exit from the EU.
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