In anticipation of Britain leaving the EU, the Home Office set up an application programme called the EU Settlement Scheme to which EEA nationals may apply.
This was done by amending the Immigration Rules (an easier process than creating new regulations). The relevant section of the Rules is Appendix EU.
The scheme confers two forms of status: settled and non-settled status.
Settled status is effectively equivalent to permanent residence, as described above. The application requires EU citizens to prove that they have been living in the UK for five years – not necessarily that they have been a qualified person continuously for five years.
Pre-settled status is effectively equivalent to a registration certificate, as described above. The application requires EU citizens to prove that they were resident in the UK on or before 31 December 2020. Again, there is no specific requirement that they were a qualified person.
Both statuses afford access to the labour market and to state benefits and services in the same way as under the 2016 Regs.
Both statuses allow family members to accompany or join the EEA national in the UK.
At the time of writing, the deadline for applying is 31 December 2020 if the United Kingdom leaves the EU with no deal, and 30 June 2021 if there is a deal.
Failure to apply by the deadline will mean that an EEA national would end up with no legal right to live in the UK.
The application process and grant
An app has been designed for the application, with which applicants scan and upload ID documents, and relevant documents to prove their residence in the UK. In many cases it is sufficient to provide a National Insurance number, if that shows evidence of work (or of receipt of benefits).
Family members also need to upload evidence of their relationship to the EEA national.
There is no fee for the application.
At the time of writing, no documentary confirmation of status is issued. A person granted status must rely on the Home Office’s records of their status being accurate and accessible.
Number of applications under the scheme
During 2019, 2.7 million applications were received under the scheme. (This may not equate to 2.7 million applicants. Some applications may have included family members. Conversely, some may have been repeat applications where an initial application was rejected, e.g. for insufficient evidence.)
In the same period, 2.45 million applications were successful.
Of those, 58% were given settled status. 41% were given pre-settled status.
Timeline following exit day
Any future changes will depend on the nature of the UK’s relationship with the EU, which in turn will depend on negotiations to take place during the first half of 2020.
At the time of writing, significant dates are as follows; some may well be subject to change.
| 1 March 2020 | The EU is aiming to have its negotiating mandate agreed by this date (to be confirmed at a meeting on 25 February 2020.) This would give the European Commission the legal authorisation to open talks with the UK. A priority will be to hammer out a free trade agreement that will be the core of a future economic relationship. |
| June 2020 | A summit should take place to assess the progress of the talks. June is also the final month for Britain to request an extension of its transition period beyond 2020 (which the Prime Minister has said he will not do). |
| 26 November 2020 | A trade deal must be negotiated, checked, translated and presented to the European Parliament by this week if it is to be ratified by the end of the year. |
| 31 December 2020 | If a trade deal is not in place, then Britain will fall back on to basic World Trade Organization terms, meaning tariffs on goods and little practical co-operation to smooth border checks. The outcome would effectively be the same as a no-deal Brexit and both sides would need to make preparations for how they cope with the economic fallout in 2021. |
| 31 December 2022 | The final date to which the transition period could be extended (though, as noted above, the Prime Minister has ruled this out). |