Do you need to apply for settled status if there is a no deal Brexit?

Do you need to apply for settled status if there is a no deal Brexit?


hi I’m Tom Bradford, and in this video
I’m going to show you how to apply for settled status and what you need to bear
in mind if there’s going to be a No Deal just to answer the question in the title
essentially if there is a no deal Brexit you do need to apply for settled
status you need to apply either way but in the case of a No Deal brexit which
seems increasingly likely with Boris Johnson now in office there are some
particular points you need to bear in mind. Before we get into the details, I’m
Tom Bradford & I’m a lawyer and on this channel I show you how to reach abroad
to access other jurisdictions and in this case how to stay if you’re an EU
national living in the UK. I’ve helped a number of clients with
regularising their status and and the settled status application is actually
subject of a separate video where I walk you through exactly how to apply. You
can get that on on my channel and it’s in the playlist below. Now what you
particularly need to bear in mind with a No Deal is this and I’ve basically
set it out in this diagram you can see. I’ve got the ‘deal scenario’ and dates up at
the top and I’ve got the ‘no deal scenario’ at the bottom so I can show you
the differences it’s not without complexity I must say and I completely
understand why certain people can be confused I certainly receive a lot of
inquiries about these topics. So let’s just go over the overview if
there is a deal. So what the government says is that if you’re an EU
EEA or Swiss citizen, you and your family can apply to the EU settlement
scheme to continue living in the UK after 31st of June. Now there’s a
a tacit threat in that I don’t that if you don’t apply then
you can’t stay. the implication is that if you don’t make an application then
the government’s position is that they’ll take a tolerant and
proportionate as they put it approach to your non-compliance but
nevertheless you will be in the country without permission after that date you would need to need to apply. As for when you can apply, the EU
settlement scheme is open has been for some time and I think I made the first
or one of the first tutorials on it exactly how to apply using the app so
that was that’s the video that you can check out on this channel. It says
the deadline for applying is the 30th of June 2021 so the deadline
for No Deal is is going to be different I’ll come to that in a minute. Which
status you get depends on when you apply. so essentially if you’ve been here for
less than five years (a resident in the UK for less than five years ) then you
would apply for ‘pre-settled status’. If you have been a resident for more than five years under your
belt and you can prove it, then it would be settled status. Now it says the
deadline for applying is 30th of June 2021, but if the UK
leaves the EU without a deal you will need to be living in the UK before it
leaves the EU to apply and the deadline for applying will be the 31st of
December 2020. So let’s just zoom out a bit, so here’s the deal scenario so we got brexit day likely 31st of October
2019 as it appears so far unless parliament finds some way to to block it but
certainly the government is clear that the UK will leave the EU no later than
that date so you will not have to have been living in the UK before that date
but you’ll need to have been living in the UK by the 31st of December so you
can see that by this illustration. So before 2021,
you’ve got to have been living in the UK in order to be able to apply and I’ve
put here the deadline is the 30th June 2021, that’s the deadline
for applying for settled or pre-settled status. So there’ll be a bit of a gap
here between you know first of January 2021
and and effectively first of July 2021 but the latter will be the
deadline. Now the position is different for a No Deal, If there’s a no deal, you will need to have been living in the UK
before brexit day. so you must have been living in the UK
before brexit day (before the 31st of October 2019) and in fact for a
couple of clients I’ve assisted them when the deadline was originally on the 29th of March for
brexit. I did help clients to set up in the UK very quickly
and get the requisite evidence of their residents like a matter of weeks before
the deadline so I think your view on the political situation is maybe no
better than mine but whether it’s better or worse, you need to be
thinking now about residence planning if you’re looking at setting up in the UK
if you’re an EU national and you’re looking to stay in the UK on a permanent
basis. You need to be working towards the 31st of October as the date when you
actually need to be resident in the UK in order to be able to apply for settled
or pre-settled status. Now I’ll come to the alternative applications that you
can make if you missed that deadline for residency. so what the government has said about this:
so it says resident EU citizens as has previously been made clear in the event
of a no deal, EU citizens & their family members already resident in the UK by
the 31st of October 2019 will be welcome to stay and it’s those who
aren’t resident by that day may not be welcome to stay.
It would depend on whether they get permission to be or not and they say we
want them to do so, they are part of our community.
So this mirrors the rhetoric of Theresa May a few months back. If there is no
deal, they will have until the 31st of December 2020 to apply to the EU
settlement scheme to protect their status.
so 31st of December 2020. So if we go to compare these deadlines. that deadline here is basically the same
deadline that you would have in the event of a deal for residents but it’s
earlier than the 30th of June 2021 deadline for applying for settled
status IF there is a deal. basically the deadline will be six
months earlier. so you need to basically be here,
living here by brexit day and then there’ll be a transitional period. I know there’s
some language confusion between the implementation period which
references the ideal scenario but there is what the government is called in
governance guidance document on ‘a No Deal transition period’ even in the
event of a ‘No deal’ and you’ll need to apply if you’re an EU citizen for
settled status by the 31st of December 2020 settle status or pre-settled status
now after that date. There’ll be a new skills based immigration system so
people arriving who are living in the UK post Brexit day will be subject to an
interim system (I’ll come to that in a minute) but then in the fullness of
time from 2021, they’ll be subject to a new skills based system and the
government is still in consulting about that now. As for the position in the
interim, if you start living in the
UK after brexit day so after October 2019, you’ll be able to come with
visa-free access. It’s envisaged for three months and stay for three months
but after that you’ll need to make an application and that’ll be using
basically the same app that has been used for pre-settled status and
settled status. You’ll need to make an application for up to 36 months, a
temporary leave to remain. So you stay here for three months automatically but
then you need to apply for permission after that and that’s granted for 36
months. Now that 36 months so three years would then take you into the period when
there’ll be a new skills based immigration system so that could take
you for example up to about 2023 and then you’d make a
new application if you wanted to to stay from that date but before we deal with the future, let’s just deal with the the interim
position after brexit. So this is what the government says EU citizens who wish
to stay longer than three months will need to apply to the Home Office for
‘leave to remain’ within three months of arrival. Subject to identity,
criminality and security checks ‘leave to remain’ will be granted for 36 months
which will include permission to work and study. This will be non-extendable
temporary leave so those who wish to stay longer term will need to apply in
due course under the future arrangements. Now that’s really important, it’s
not extendable so you’re going to be a bit in the dark really.
You’ll have those three years but you won’t know what the future system will
be until some months into the future probably at some point next year but it
may take even longer and so again there’s a benefit to just being
resident here before Brexit day in a ‘no deal scenario’ and there may be some who do not qualify
under the new arrangement and who will need to leave the UK when their leave
expires. so that’s my point really, you will not know if you’re living
in the UK post Brexit day and you get temporary leave to remain after the
three months for 36 months, you will not know whether you’ll be able to extend
that so there’ll be uncomfortable position of uncertainty I think because
there’ll be no legal certainty & because the new immigration system won’t
have come into effect. So as for the details of the future skills based
immigration system, it’ll take some time to implement a new system. It’s important
there’s sufficient time and temporary transitional arrangements will apply
from the 31st of October 2019, to provide some continuity for EU
citizens and businesses in the UK. The transition period will be in place until
31st of December at 2020 so as for the differences between a ‘deal’ and ‘no
deal’ for you as an EU citizen if you’re looking at applying for settled status
is that: in ‘a deal’, you’d only need to be living
in the UK by the 31st of December 2020 and you’d have a deadline of the 30th of
June 2021 to apply so you can get an additional time but if there
is a ‘no deal’ you need to be living in the UK before brexit Day and then you’ll
be in this transitional period during which you’ll need to apply if you’re
staying & apply for leave. If you’re staying for more than three months you can get 36 months temporary leave to remain. But you won’t know whether or not you will
be qualifying after that, under the new skills based immigration system. So, I think that covers it all, I hope this was helpful. Do leave
any questions in the comments below or observations. If you do
want to apply for settled or pre-settled status, just check out the the video
that I made. It walks you through exactly how to apply. I’ll try and link it here
put an icon just over here and also I will put it in the description below and
that takes you through step by step how to use the app and apply and get either
settled or pre-settled status. Thanks very much and I will see you in the next
video.

Comments

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    naimur rahman

    Thank u sir
    I would like to know
    if I arrive in the UK before the brexit date
    Do I have to apply for extensions affter 3 months?

  3. Post
    Author
    Giulia De Santis

    I have been granted Settled Status at the beginning of March 2019.. there are few issues l have been thinking since then:
    1 there is no physical evidence to show you have settled status.. what can you do for example at the airport when travelling…or if you are receiving any benefit from the DWP, do you have to inform that you have it?
    2 what does it mean the EU citizens rights guaranty depends on a second legislation?
    3 which is the period of time you can leave the UK without losing your settled status, 2 or 5 years?
    Anyway still many thanks for your competent useful videos 🙋

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    Author
    George D'mello

    Hi Tom
    Thanks for the informative video.
    Question: can an EU citizen, currently working outside the UK register before 31st October 2019 for settled status in the UK and continue working overseas until the deadline of 31st December 2020?

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    Shaina Gul

    Hello. My husband as an Eu national living currently in Finland doing his graduation is planning to move to the uk in January 2020 because his degree will complete in December 2019 will he be eligible to apply pre settled scheme?

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