Brexit: One million granted status under the EU Settlement Scheme

The Government has revealed today that over one million applicants have been granted status under the EU Settlement Scheme. This means that they have either been given pre-settled status or settled status.

The latest statistics show that the highest number of applications from Polish, Romanian, Italian and Portuguese applicants. Incidentally, out of the total 3.7 million, the nationals of these countries form the top 4 when it comes to EU nationals living in the UK.

Under the terms of the post-Brexit Immigration system, and the EU Settlement Scheme, all EU nationals must apply, even if they have an existing immigration document, such as a residence card or a permanent residence card. This means a staggering number of EU nationals are yet to apply.

Deadline under a no-deal Brexit for EU settlement scheme

EU nationals must become a UK resident before 11pm on 31 October 2019 to be eligible under the EU Settlement Scheme. If resident before this date, they can then apply up until 31 December 2020.

Family members of EU nationals, who form a qualifying relationship before 31 October 2019, can apply to enter the UK under the terms of this scheme until 29 March 2022. If the relationship is formed after this date, then they can apply under this scheme until 31 December 2022.

Post Brexit arrivals

EU nationals, who enter the UK after Brexit date (currently 31 October 2019), and have not been a UK resident before, will be subject to a temporary immigration system, known as European Temporary Leave to Remain.

This temporary status would allow EU nationals to stay in the UK for 3 months, which can be extended to up to 36 months. The status cannot be transferred to the EU Settlement Scheme and will not lead to settlement in the UK.

Dual nationality for German nationals

A key concern for German nationals has been the retention of their German nationality, if they apply for British citizenship.

Under German law, a German national can only hold dual nationality with certain other countries (EU member states being one of them). Post-Brexit, UK will no longer meet this criterion.

However, we have received further clarity on this matter that in the event of no-deal Brexit, German nationals would have to submit their British Citizenship applications (if eligible) before Brexit date (31 October 2019), to retain their German nationality.

If a withdrawal agreement is reached, then this deadline would be extended to 31 December 2020 (the end of the transition period).