As United Kingdom residents watch the political machinations surrounding Brexit with a mixture of fascination and horror, EU nationals living in the UK and their employers may well feel that they have most at stake in this political football game.
Here we summarise the rights of EU nationals to live and work in the UK both from the perspective of the terms of the Draft Withdrawal Agreement (Theresa May’s proposed deal) and in the event of a no-deal.
Deal
EU Nationals Living in the UK before 29 March 2019
- Will have existing freedom of movement rights protected by the Withdrawal Agreement.
- Will be able to continue to live and work in the United Kingdom but will be required to apply to the Settled Status Scheme before 30 June 2021.
EU Nationals moving to the UK after 29 March 2019 but before 1 January 2021
- Will be able to move to and then live and work in the United Kingdom under the terms of the Withdrawal Agreement.
- Will not require immigration approval prior to arrival in the United Kingdom but will be required to apply to the Settled Status Scheme before 30 June 2021.
EU Nationals moving to the UK on or after 1 January 2021
- Will be required to comply with the Immigration Rules for the United Kingdom in force at that time. This is likely to necessitate applying for a visa before coming to the UK except for short visits
No-deal
EU Nationals living in the UK before 29 March 2019
- Will continue to have a right to live and work in the United Kingdom under UK domestic legislation only.
- Will be required to apply to the Settled Status Scheme before 31 December 2020.
EU Nationals moving to the UK after 29 March 2019
- Will be able to move to and then live and work in the United Kingdom under the UK’s domestic law for up to 3 months.
- Will be required to apply for European Temporary Leave to Remain in the UK within the initial 3 months if wishing to stay longer
- Will be given permission to live and work in the UK for a period of 36 months from the date of the application.
- Will not be able to extend the European Temporary Leave to Remain so will be required to leave the UK or to comply with the Immigration Rules for the United Kingdom in force at that time that the permission expires.
EU Nationals moving to the UK after (say) 1 January 2021
- Will be required to comply with the Immigration Rules for the United Kingdom in force at that time. This is likely to necessitate applying for a visa before coming to the UK except for short visits.
Content is accurate as of 29 January 2019.