The UK will continue to run the EU Settlement Scheme for those residents in the UK by 29 March 2019 in a ‘no deal’ scenario. The basis for qualifying for status under the scheme will remain the same as proposed in a ‘deal’ scenario. This means that any EU citizen living in the UK by 29 March 2019 will be eligible to apply to this scheme, securing their status in UK law.
No deal deadline
As there would be no agreed transition period, those EU citizens and their family members resident in the UK by 29 March 2019 would have until 31 December 2020 to apply for status under the EU Settlement Scheme, but with no six-month ‘grace period’ beyond this.
EU citizens’ rights if No deal Brexit
The settlement scheme would continue to be implemented in a no-deal scenario for EU citizens resident in the UK by 29 March 2019.
EU Citizens family members
EU citizens with settled status would be able to be joined in the UK, by 29 March 2022, by existing close family members, such as children, spouses and partners, parents and grandparents living overseas at exit, where the relationship existed by 29 March 2019 (or where a child was born overseas after this date) and continued to exist when the family member applied.
After 29 March 2022, such family members will be able to join EU citizens here by applying through the applicable UK Immigration Rules. EU citizens with settled status will be able to be joined by future spouses and partners (where the relationship was established after exit) and other dependent relatives until 31 December 2020, after which point the UK Immigration Rules would apply to such family reunion. Together this would bring the rights of EU citizens in line with the rights of UK nationals from 30 March 2022.
EU Citizens refused a status
EU citizens would have the right to challenge a refusal of UK immigration status under the EU Settlement Scheme by way of administrative review and judicial review, in line with the remedies generally available to non-EEA nationals refused leave to remain in the UK.
Post-Brexit Immigration System
The new UK immigration system would be implemented from 1 January 2021. The identity cards issued by a member EEA state would remain valid for travel to the UK initially. Although there would be no immediate change, until the new UK immigration system from 1 January 2021.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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