Brexit delayed: what does it mean for EU citizens and the EU Settlement Scheme?
Just when we thought Brexit could not get any more confusing or the politicians could not think of any more options to put before parliament, they have.
For the top London immigration solicitors, the delay in the Brexit date from the 29 March to an uncertain date in the future means they need to keep abreast of all the new Immigration Rules. They need to watch out for the rules that came into force on the 29 March 2019 and the ones that will now come into force on “Exit Day”. For a long time the best London immigration solicitors thought that the exit date was the 29 March 2019. That clearly is no longer the case. Who would try to speculate on a new date, with the potential still for the UK to revoke Article 50, extend Brexit or crash out of the EU as early as the 12 April 2019?
The public probably will not have much sympathy for top London immigration solicitors trying to get to grips with all the Brexit imposed changes to the Immigration Rules and needing to work out which rule changes came into effect on what should have been Brexit day and those that are delayed to the new Exit Day. However, spare a thought for EU citizens resident in London and the UK who are considering their options and deciding what to do about applying for settled status under the Settlement Scheme.
How can OTS Solicitors help?
At OTS Solicitors, we specialise in Immigration law. The legal directory, Legal 500, recognises our expertise.
We advise individuals and businesses on all aspects of personal and business immigration law. As experts in Immigration law, we can guide you through the application process to apply for settled status and answer any Immigration questions you may have in a time of uncertainty and confusion over your options and deadlines.
Please call us on 0203 959 9123 to arrange an appointment to speak to one of our experienced London immigration solicitors who will be happy to help you look at your options.
Settled status and the new Exit Day
No doubt, some EU citizens are becoming sceptical that Exit Day will happen any day soon and are therefore questioning the need to apply for settled status under the EU Settlement Scheme.
The top London immigration solicitors are not surprised by the scepticism shown by some EU citizens towards the Settlement Scheme and their confusion over whether they should apply for settled status now or wait.
The delay in the Brexit date has certainly increased confusion amongst EU nationals about what steps they should take and whether they can afford to delay sorting out their settled status under the EU Settlement Scheme.
The EU Settlement Scheme
The best London immigration solicitors advise that despite the delay to Brexit, the changes to the Home Office Immigration Rules relating to the EU Settlement Scheme came into force on 30 March 2019.
This means that the EU Settlement Scheme opened to the public on the 30 March 2019. The opening of the EU Settlement Scheme means that all eligible EU citizens can now apply for settled status rather than settled status applications be limited to EU nationals who met the specific criteria under the pilot EU Settlement Scheme that was in place prior to March 2019.
The opening up of the EU Settlement Scheme means that the following categories of people can now apply for settled status under the EU Settlement Scheme:
• Citizens of Norway, Iceland, Switzerland and Liechtenstein; and
• EU citizens living on the Isle of Man or Channel Islands; and
• EU citizens who have ID cards instead of passports; and
• Surinder Singh families; and
• From the 1 May 2019, Zambrano carers.
In the opinion of the best London immigration solicitors, with the opening up of the EU Settlement Scheme there is no reason for the majority of EU citizens to delay applying for settled status and, in some cases, there are real advantages of making an early application.
Living in the UK deadline date for settled status applications
Many EU citizens will recall reading that the deadline date for living in the UK, if the UK left the EU without a deal, was the 29 March 2019. An EU citizen had to be living in the UK by that date in order to be potentially eligible to apply for settled status under the EU Settlement Scheme. If the UK left the EU with a deal, then the deadline date for an EU citizen to be living in the UK and eligible to apply for settled status was the 31 December 2020.
The Home Office now says that the deadline date for an application for settled status, if the UK leaves the EU without a deal, is the 12 April 2019. That date could of course change if there are further extensions to the date when the UK will exit the EU without a deal in place. The government has anticipated ongoing changes to the Exit Day by stating in its latest paper on citizens’ rights if there is a no deal Brexit that settled status will be open to EU citizens living in the UK on Exit day.
Although the Brexit date has been delayed, the best London immigration solicitors note that the longstop cut-off date by which EU citizens need to be living in the UK for the purposes of the EU Settlement Scheme has not been extended beyond the 31 December 2020. The top London immigration solicitors do not rule out this cut-off date being extended but there are no guarantees or certainties when it comes to Brexit and deadlines.
The Home Office Appendix EU of the Immigration Rules have not, yet, caught up with the changed settled status deadline dates in government papers and Home Office documents. The top London immigration solicitors anticipate that the appendix will be brought into line, at some point, with the government policy paper and the Home Office statement.
The deadline for an EU citizen to apply for settled status under the EU Settlement Scheme
The best London immigration solicitors state that the date by which EU citizens must apply for settled status under the EU Settlement Scheme has not changed, despite the delays with Brexit. Accordingly, the deadline date for settled status applications remains the:
• 30 June 2021 provided that there is a Brexit deal; or
• 31 December 2020 if there is no Brexit deal.
EU citizens entering the UK
top London immigration solicitors had advised EU nationals that they would only be able to enter the UK for an initial period of three months without Immigration clearance. This rule change was due to come into force on the 29 March if the UK left the EU without a deal but the Immigration (European Economic Area Nationals) (EU Exit) Order 2019 has not been brought into force yet, resulting in ongoing EU free movement for the time being.
When should EU citizens apply for settled status in the UK under the EU Settlement Scheme?
Although EU citizens do not need to apply immediately for settled status, for some EU citizens, it is sensible to make the application now.
A successful application for settled status means an EU citizen, after Brexit, will have:
• The right to live and work in the UK free from Immigration control; and
• The same legal entitlements to study in the UK and receive healthcare and benefits in the UK as currently; and
• Close family members living overseas will be able to enter the UK to live with the EU citizen provided that the relationship with them began before the end of the transitional period, the 31 December 2020, and the EU citizen is still in the relationship when the family member applies to join them in the UK .
How can OTS Solicitors help?
It is not surprising if you are feeling confused and overwhelmed by Brexit and settled status under the EU Settlement Scheme. OTS Solicitors can help you look at your options and, if appropriate, help you apply for settled status.
OTS Solicitors are specialist in Immigration law matters. The firm is recommended for Immigration law in the Legal 500 directory. OTS Solicitors have Law Society accredited solicitors status as trusted specialists in Immigration law.
For more information and advice on applying for settled status under the Settlement Scheme or any other aspect of personal or business immigration law, please call us on 0203 959 9123 to arrange an appointment to speak to one of our experienced London immigration solicitors who will be happy to help.