Author: Kelly Whiter
Today (28 January 2018) the Home Secretary Sajid Javid finally set out provisions for EU citizens arriving in the UK after 29 March 2019 in the event of a no deal Brexit.
According to the information released, in a no-deal scenario the government will seek to end free movement as soon as possible, but, for a transitional period, EEA citizens and their family members, including Swiss citizens; will still be able to come to the UK to visit, work or study in the same way as they do currently.
However should those individuals wish to stay beyond 3 months, an application for European Temporary Leave to Remain will need to be made, within 3 months of their arrival, which will be granted for a further 3 years, if approved.
The information released confirms that:
Today’s announcement makes it clear that European Temporary Leave to Remain will be a non-extendable, temporary grant of leave and will not lead to settlement. Individuals wishing to remain beyond the 3 years granted under this route will need to make a further application under the new skills-based future immigration system which is to begin from 1 January 2021.
For those EU citizens and their family members already resident in the UK by 29 March 2019 their position is unaffected and they will still be able to apply under the EU Settlement Scheme.
It is worth noting that the above provisions are subject to parliamentary approval and, before any of these proposals can be implemented, the enactment of the Immigration and Social Security Co-ordination (EU Withdrawal) Bill to end free movement must have taken place.