Most individuals both in the UK and overseas may feel that there will be a dramatic change to Brexit come 1 February 2020 but in fact, nothing will. Well, for at least the next 11 months.
Essentially, the UK will continue to exist within the European Union as an exiting-exited member until 31 December 2020. All the rules, regulations and otherwise pre-31 January 2020 will continue to subsist in the UK whilst the Government negotiates a future for the UK.
For the next 11 months, the UK will not have a say as to how the EU operates but will follow what the EU hand down for the next 11 months.
As such, for European Citizens or third country citizens with European Union Nationalities, freedom of movement continue to exist for them in the UK. This means that European Citizens are still able to freely reside, work, setup business or study in the UK without needing an extra visa.
What European Citizens will need to be made however that the transitional period will end 1 January 2021 and those that are already in the UK should do one of the following:
Apply for Pre-settled or #Settled_Status – this is an immigration programme within the UK immigration rules (also known as the Appendix EU) which allows EU citizens who entered the UK before 31 December 2020 to retain their lawful right to remain in the UK.
Pre-settled status denotes those citizens who have been resident in the UK for less than 5 years. In which case, pre-settled status holders will be able to apply for settled status after they have been residents of the UK for 5 years.
Settled status as the title suggests provides EU Citizens with permanent residence status. This status is designed for those that have been a resident in the UK for 5 years or more.
See our blog post on Settled and Pre-settled Status here.
For those that have not taken residence in the UK before 31 December 2020, they will need to look at the new immigration rules that are being currently drafted. Whilst we do not have an incline of detail of how it will be presented for EU citizens and non-EEA residence, our understanding is that it will be a catch all immigration rules for all nationalities.
The Government has only confirmed that it will be extremely similar to the Australian Style points based system which our current immigration system is based on and drafted back in 2008.
The new system is mooted to present itself by Q4 of 2020.
In summary, there is nothing to be worried about for at least the next 11 months for EU citizens. Those who are already in the UK (and for those that will be in the UK by 31 December 2020) will have the rights fully protected.
It’s all business as usually in an immigration standpoint until January 2021.
Shores & Legal are experienced and expert immigration partners for your business and personal immigration requirements. If you wish to discuss your UK immigration requirements, contact us at +44 (0) 207 097 6778 or firstname.lastname@example.org.