Brexit: what EU citizens should do (in 2019) ✅️

Brexit: what EU citizens should do (in 2019) ✅️


– Hi, my name’s Tom Bradford. I’m a barrister and partner
at the law firm Freeths. This video is on settled status and what your options
are as an EU National. This video is part of a series, so please subscribe and
click the notification bell for more updates on settled status, particularly as we approach Brexit. Let’s start with the chronology. So the three key dates are here. Brexit, so exit day, the end
of the transition period, and the deadline for applications. We’re gonna deal with all three. All three are important. But perhaps the most important of them is the end of the transition period. So that’s the 31st of December 2020. If you’re resident in the UK by that date, or if you enter the UK before that date, then you will be able to stay on and ultimately acquire settled status. If you haven’t been in
the UK for five years by the 30th of June 2021
then you’ll need to apply for a pre-settled status. That will then give you
another five years to go on and then apply for full
settled status, if you’d like. Now the application route is, it was said, it was going to open at the end of 2018. So we’re not there yet, and there’s been various
different indications about what’s actually taking place
with the application route. So the latest it’s gonna be
phased in from the end of 2018. Only fully, quote, open upon March 2019. So we hope it opens as soon as possible. But what I wanna talk about here is what you’ll need to do when it does open. Either by that point you’ll have been in the UK for five years or not. If you’ve been in the UK
for five years when it opens and you’ll be able to apply early. As I say, even if you’re
able to do so pre-Brexit you’ll be able to apply for settled status if it does open before that time. But if you haven’t been
in the UK for five years, then you’ll be able to apply
for pre-settled status. I’ll just show you in this
diagram the five year period. So the latest that you
could have come to the UK to apply for full settled status at the end of the transition period will be from the beginning of 2016. So if you’ve come into the UK, at the beginning of 2016, you will be able to clock up five years by the end of the transition period. That’s not to say that you
will need to apply then or that that’s the deadline
for the applications. It’s not. The deadline for applications
is months afterwards on the 30th of June 2021. But the significant
thing about the scheme, the EU settlement scheme, that this represents a part of, is that if you do not make an application and you go beyond the 30th of June 2021, so you go to the first of July 2021, without having made an application
either for settled status or for pre-settled status, then you’ll be in the UK unlawfully. Now of course, if by that point you’ve applied for British
citizenship, let’s say, then that will be one thing. You won’t need to apply for settled status or pre-settled status, and I’ve got a separate
video here on how to do that, how to naturalize as British citizen and get a British passport. That’s an alternative route. But if you don’t do that
and you’re a new citizen, then you’ll need to make an application. Now one of the interesting features of the EU settlement scheme, as it appears to be the
case that you’ll need to have your five years residence up to the point at which
you make your application. That’s different from
the current applications that EU citizens can
make now under EU law. So currently you can
apply for a certificate to confirm your right of
permanent residence in the UK. Even if, and that’s the same
period, one of five years, but you need to have
been doing what they call a qualifying activity
like working or studying with comprehensive sickness insurance, but it’s the same period of five years. But that five year period can
be at some point in the past. That could be from say 2010 to 2015. And you could be applying
later in 2018 for confirmation that you accrued that right. That appears to be different from applying for settled status, which needs to have been
the previous five years. That could represent an issue for some. Because the position in relation to continuity of residence is this, that, and this is again,
this is the same test for applying for permanent residence and applying for settled status, that you can spend
essentially half the year, 180 days, in the country. But if you spend the rest of the time outside of the country then you will not break the continuity of your leave. And you can have one
year out of the country, a whole year, out of the
country for a good reason in one instance in the five year period. And you qualify for settled status at the end of the five years. But that five-year period can
be at some point in the past, whereas for the EU settlement scheme, applying for settled status, that will have to be five years back from the date of application
as far as we can see so far. I mean watch this space, and as I say, subscribe and hit the notification bell for updates on this point. But it looks like it has to
be five years in the past. So if you look at this five year period, that means the latest that you could have entered the UK is the
beginning of 2016 up to 2020. And at that point you could
apply for settled status by the 30th of June 2021. Now bear in mind, it’s only if you are securing settled status pre Brexit. The idea behind the transition period is that as long as you’re in the UK before the end of 2020, so by the 30th of December 2020, then you will be able to
apply for pre-settled status and go on to secure a settled
status at some later stage. But if you come into the UK
after the 30th of December, 31st of December 2020, so the beginning of 2021, then you will not be subject
to the EU settlement scheme. You will be subject to
the new immigration rules, which would apply then, and which may be different. Well, that route will be closed. I mean, we’ll see what’s
going to be agreed, but there’ll be new immigration rules. And, I mean one can say, I
suppose, with one confidence that the position will
be more onerous for you, or be more, most likely more difficult to secure the equivalent of settled status and to secure indefinitely to remain. The only reason I say that is that it’s the primary rationale for, political rationale at least, for Brexit, is that there will be a
different regime in place that’s more onerous in
perspective of EU Nationals as being the consistent position. But, absent any major policy change it will be the case that the
position will be more onerous for EU Nationals after that point. So that means that you need to
apply for pre-settled status by the 30th of June 2021, or settled status if you can. If you’ve been here for five years and you haven’t broken the
continuity of your leave, but you need to be resident, need to have been resident in the UK by the 31st of December 2020. So I’ve just got one more example here. It’s just that, just to
illustrate the point. This is someone who’s been in the UK from the beginning of 2018 to 2020. So at the end of the transition period he or she has been in
the UK for three years. So he or she does not need to
apply for settled status then. They’ll still be able to
wait until the deadline. But, and this is an important point, there may be a backlog. Some may say it’s likely that
there would be a backlog, because over three million
EU Nationals live in the UK and they will need to make applications. So what this means is that, there will be a great many applications. We don’t know to what extent they’ll be phased over this period. I think it’s the government’s hope that they will be phased over the period. That’s the rationale, or
one of the rationales, for opening the application route early. But there have been many precedence for problems with application routes run by a UK government department. And one hopes that’s not
gonna be the case here. The idea is that there’s going
to be an electronic system. There may be an app in
place for iPhone and Android where you will be able to apply for settled status through that. Now we want to know whether
that’s gonna be effective or whether it’s going
to be fully functional. One hopes so, but nevertheless, even if the application
process is automated it’s difficult to see how
the conduct assessment, which has gotta be made,
which, and it will be made, is gonna be conducted without any human, any human element. You know, if this is gonna
be completely automated or not. I would suspect that there
would have to be some element of human decision making, so it’s not just
determined by an algorithm. And in that case, quite a lot of reliance will be put on the electronic system. So one hopes it works, but there’s, I think, a lot to be said for attempting to avoid the backlog. So although the date is in 2021, there’s a lot to be said for applying as soon as the application route opens. I’m going to be doing video guides on the new application route
as soon as it does open, so you’ll have a video guide to how to actually do the application. But there’s a lot to be
said for applying early given that three million
people are gonna be applying, and there may well be a backlog. But use this example now. Three years. So this person has been in the UK for three years since
2018, 2019, and 2021. Remember, they don’t have
to, for settled status they don’t have to be
doing a qualifying activity like working or studying with comprehensive sickness insurance. They just have to have
been resident in the UK. And again, I’ve shown you
the absence requirements. So if the absence, if you go
over the absence requirements, so the 180 days that I showed you, or the one year for a good
reason on one occasion in the five years then
that resets the clock for the purposes of the calculation. But for this example, let’s just say that this person has been
in the UK for three years and they haven’t reset their clock through any absence from the UK. That means they will need
to stay another two years to secure settled status. But they’ll need to apply
by the 30th of June 2021. If they don’t then they’ll
be in the UK unlawfully, and that’s the key message. So what they’ll then be able to do, having applied for pre-settled status, so having applied for pre-settled status on 30th of June 2021, they’ll be able to then go on
and apply for settled status in 2022 in this example. If it took longer then so be it. So in fact, the last
tranche of applications will be on or about the
30th of December 2020. And that will take them five years ahead. So those people will be accruing. The last batch will be
accruing settled status five years from that date. So at the end of 2025. So at the end of 2025
the last batch of people will accrue their right to settled status or the ability to apply for settled status and will make their applications. And then after that the
EU settlement scheme, one imagines, will be
wound up or closed down. Because as I say it
will only apply to those who are resident before
the 31st of December 2020, 2020, yep. So just to finish this point, settled status will replace the current permanent residence status after the transition period ends. Now query to what extent
they’ll run in parallel until that point or until Brexit, there’s, I think, a
diminishing reason to apply for permanent residence one might argue. Having said that, there
are various benefits to applying for permanent residence now, which you can do now before
the settled status route opens. The government’s position
is you don’t need to. But if there is a hard
Brexit, if you like, or a no-deal Brexit, rather, where nothing is agreed, then the current position is
that the provisional agreement on citizens’ rights is subject
to an overarching deal. So that means that it would
put a lot of uncertainty on what the position is. As far as I’m concerned
it would be remarkable if there wasn’t some scheme in place even if there is a no-deal Brexit. But if we do secure a deal
it’s gonna be on this basis. If there is a new deal Brexit then I’ll be producing
some material on that and what your rights may be. But as far as I can see it
would be likely to be the case that you would have something
similar in any event. But given that settled status will replace permanent residence status, there will be a period in
which they’ll run in parallel, but at which point there
will be less and less reason to apply for permanent residence, to confirm your right
of permanent residence. The current position, so before the settled status route opens as you can apply for a
registration certificate. This is a registration certificate. That’s if you haven’t been in the UK doing a qualifying
activity for five years. So if you haven’t been then you can apply for a registration certificate. And it confirms that
you’re in the UK lawfully, exercising a EU Treaty
Right, like working, at the point of the
determination of the application. But it’s limited to that extent. The other application you can make is, if you’re an EU National, is for a document certifying
permanent residence. So you accrue the right
to permanent residence at the five year point, having done a qualifying
activity in the UK. So if you have five years
of P60s from your employer, you’ve been working in
the UK as an EU National and you have five years
of P60s and you can apply for a document certifying
permanent residence. That’s this document. And there is a benefit
to applying for this because if you do the
position is you’ll be able to swap that for the new status without, for the new settled status
which we’re talking about here, you’ll be able to swap that out without having to make an application. So there is that benefit. You can effectively get this out of the way now and then apply. Now I mentioned this point before about the difference in the calculation of the most recent five year
period and in previous periods. So maybe that you’ve broken
continuity of residence by staying out of the UK for say 18 months in the most recent five years, but you do have five years uninterrupted, continuous stay in the
UK at a previous date. Say, to use the same
example from 2010 to 2015. Now in that case you will be able to apply for permanent residence now
and then swap your card out, not withstanding the
recent break of continuity in the last most recent five years. So you can see that for
a category of people it will be worth applying
for permanent residence now and then swapping out their cards. Rather than, for example,
applying or pre-settled status and then applying later
for settled status. It might be that you
want greater certainty and you want to apply, you want to get settled
status as soon as possible. So that’s a route to achieving that. So the, just one last point, which is that there is a status of indefinite leave to remain. This applies to various
migrants and EU Nationals in certain circumstances. I mean it looks like
settled status is basically going to be indefinite leave to remain. But it seems to have
been described separately under this name, settled status. But it seems, in substance, to be the same as
indefinite leave to remain. But I’m gonna be releasing
some more details on that ’cause that’s still an
issue to be determined. So thanks very much for listening. As I say, this is part of a series. I have another video which is on how to become a British citizen,
Brexit, and settled status. That’s basically if you don’t want to apply for settled status, you want to naturalize
as a British citizen. Many people do want to do that because of their countries
position on dual citizenship. So do bear that in mind. And as I say subscribe and
click the notification bell to get my updates as soon
as I’ve released them. Thanks.

Comments

  1. Post
    Author
  2. Post
    Author
    Tom Bradford

    ☎️ Feel free to call or email me: 📞 0044 845 128 6986 📧 [email protected] I am available to speak with you about your position in a free initial telephone consultation with you on a private and confidential basis.
    🗣️ Put your question in the comments below and I will answer it!

  3. Post
    Author
    Daniel

    I've been in the UK for 7 years but haven't completed 5+ working years as required to apply, because I'm a contractor. The government does not allow me to apply as self-sufficient neither as they ask for insurance never mentioned before and I don't know how to get it.

  4. Post
    Author
    Ilia Kemp

    I know what EU citizens should do: GET THE HELL OF THAT ISLAND! Our so-called "oldest friends" are almost our enemy's now! My anchesters are from England but now I dont want to go there ever again! They aren't Europeans and they never were!

  5. Post
    Author
    Dominic

    Great video Tom, I arrived in the UK in March 2014 and acquired 5 years residence card for a family member of an EEA national which is due for renewal in October this year, should I apply for settled status or pre settled status now or should I wait to apply after March when my 5 year period would have been completed.. Thank you Tom..

  6. Post
    Author
  7. Post
    Author
    kotugirl Weerasekare

    1. What should someone who moves to London in February or March 2019 do to register their presence in UK before the Brexit day – or by 29 March.
    2. Your Pre-settled status example shows a 3 years residency – is that compulsory please?
    In that case, what should a person moving in early 2019 / 1Q 2019 do? Will it just take them until 2014?
    3. Will registration as a self employed by that date help document residence in the UK pre-Brexit?

  8. Post
    Author
  9. Post
    Author
    Nakita Kruger

    so we moving from South Africa to the UK in Dec 2019 ( we do have a Hungarian passport), my stepfather is a UK citizen and my mother can get a spousal visa cause they have been together for 12 years but we weren't adopted, but we do depend on my parents as I want to continue my degree at university in the UK. how will this apply to us once we move to the UK? can we apply for settled status?

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