UK Government Sets Out New Details Regarding Settled Status

This week the government has set out details of how the new Settled Status scheme for EU nationals and their families will operate once Britain formally leaves the EU in 2019.

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The document states the new system will be “streamlined, low-cost and user-friendly, with EU citizens consulted on its design”. After Brexit, EU nationals living in the UK will have up to two years to apply for settled status and will not have their applications rejected on minor technicalities (which is happening all too frequently with WU permanent residence Card submissions. Discretion will be applied by Home Office staff where appropriate. Comprehensive Sickness Insurance and fingerprinting will not be a requirement to obtain Settled Status.

The decision on whether Settled Status will be granted is to be based solely on the criteria set out in the Withdrawal Agreement between the UK and the EU. Applications cannot be refused on any other grounds. EU citizens will also be given a statutory right of appeal, in line with their current rights through the Free Movement Directive, if their application is unsuccessful. However, a government spokesperson has said a majority of applications are expected to be granted.

According to CityAM, Home secretary Amber Rudd added: “EU citizens living in the UK make an enormous contribution to our country and we want them to stay... We know that there is some anxiety among EU citizens about how the process of applying for settled status will work, so I hope this document provides some further reassurance.”

Is this good news for EU nationals living in the UK?

At present, the Government cannot cope with the number of EU nationals applying for EU permanent residence and British Citizenship. The government is using Settled Status as a smokescreen to calm down nervous EU citizens and try and get Brexit negotiations back on track.

It is imperative that EU nationals who are living in the UK apply for permanent residence and/or British Citizenship before the UK leaves the EU. The present government has made no secret of its anti-Immigration policies, and EU nationals who do not legalise their stay while the UK must abide by EU rules or risk facing insurmountable obstacles in obtaining settlement once Brexit occurs. This is the reality facing many non-EU points-based system migrants, and there is little evidence that the situation will be any better for EU nationals post-Brexit.

To apply for an EU permanent residence Card or British Citizen, contact our Immigration solicitors and consultants today. We can help you fill in the 85-page form and collates the necessary supporting documents required.

OTS Solicitors is one of the most respected Immigration law firms in London and is highly ranked in the Legal 500 for Immigration and Human Rights. By making an appointment with one of our Immigration solicitors, you can be assured of receiving some of the best legal advice available in the UK today.

If you require Immigration law advice, please phone our London office on 0203 959 9123.