Search

How can we help?

Icon

Brexit Update: Government Publishes ‘Technical Document’ on EU citizens’ rights

Last night, Theresa May confirmed that the EU Withdrawal Bill would be amended to formally commit to Brexit at 23:00 GMT on 29 March 2019. This comes after the government published a ‘technical document’ on Tuesday setting out further details of how the new settled status scheme for EU nationals and their family members would operate as the UK leaves the EU. The document seeks to reassure the 3 million EU citizens currently living in the UK of their immigration status post-Brexit.

‘Streamlined’ application process

The government recognises that the current application process for registration certificates and permanent residence documents is ‘not fit’ for purpose and it will be designing a new system which will be “user friendly”. The technical document also confirms:

  • There will be a 2 year grace period for EU citizens and their family members to apply for settled status
  • Minimal documentary evidence required – case workers will verify status with HMRC
  • Application fee will not exceed the cost of a British passport (currently £72.50)
  • Permanent Residence document holders will need to exchange this for a settled status document but the process will be simple and application fee reduced

The government recognises that the current application process for registration certificates and permanent residence documents is ‘not fit’ for purpose and it will be designing a new system which will be “user friendly”.

Eligibility criteria

The criteria for granting EU status will be “simple and transparent”. The Home Office will not check whether Comprehensive Sickness Insurance has been held by those who are not economically active or those who are students. In addition to this, applicants will no longer have to account for every trip outside the UK in the qualifying period.

Refusals

Case workers will exercise discretion where necessary. Where an application is refused as a result of a case working error, there will be an administrative review process in place to resolve this and beyond this, EU nationals and their family members will have a statutory right of appeal.

The document has been sent to the EU Commission as part of Brexit negotiations and talks are set to continue this week.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 18 August 2026
  • Immigration

Home Office curtailment of Sponsored Workers’ permission: Why employers and employees must act quickly

The Home Office has recently changed the speed at which it processes sponsor notifications following the end of a sponsored worker’s employment.

art
  • 13 August 2026
  • Employment

ACAS Draft New Code on Disciplinary and Grievance Procedures

ACAS have published a draft Code on 30 July 2026, which will replace the 2015 ACAS Code on disciplinary and grievance procedures when the Code is finalised at the end of September 2026.

art
  • 12 August 2026
  • Corporate and M&A

EMIs – April 2026 changes explained

On 6 April 2026 the Enterprise Management Incentive scheme (EMI) was expanded to make EMIs accessible to a wider range of businesses.

art
  • 06 August 2026
  • Privacy and Data Protection

The rise of the AI-powered individual: Is your business ready?

Artificial intelligence is changing the data protection landscape, but perhaps not in the way many organisations expected. Much of the discussion has centred on businesses adopting AI and ensuring they comply with the UK GDPR.

Pub
  • 06 August 2026
  • Employment

Employment law changes in 2026: What you need to know

With ongoing changes to UK employment law, staying updated is more challenging than ever. Join Monica Atwal and Harry Berryman for a live webinar covering 2026 HR changes and key employment law updates on Thursday 17 September.

Pub
  • 04 August 2026
  • Employment

From Opportunity to Employment: Building Inclusive Workplaces Together | Hosted by Breakthrough Supported Employment

Join Breakthrough Supported Employment for a live seminar on building inclusive workplaces at Malmaison Reading. Clarkslegal’s Lucy White will speak alongside industry experts, sharing insights on fostering diversity and creating equitable opportunities.