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.

About this article

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.

About this article

Read, listen and watch our latest insights

Pub
  • 26 March 2024
  • Privacy and Data Protection

AI Podcast: AI and Data Security

In the third and final podcast in our ‘AI Podcast’ trilogy, members of the data protection team, will be discussing how to use AI to process data safely. They will be looking closely at the risks for businesses and the types of data security protections you can put in place.

art
  • 26 March 2024
  • Privacy and Data Protection

Key considerations for data retention policies

In the ever-evolving landscape of data protection regulations, data retention stands as a crucial aspect of compliance and risk management for organisations across industries.

art
  • 21 March 2024
  • Immigration

What is a right to work share code?

A right to work share code is a unique 9-character alphanumeric code generated via the UK Government website. This initiative has been implemented by the UK Government to verify an individual’s right to work online.

Pub
  • 21 March 2024
  • Employment

TUPE Podcast Series: Who Transfers?

In this fifth podcast in our TUPE Podcast Series, Amanda Glover will be focusing on ‘who transfers’ under TUPE. Looking at the definition of ‘employee’ under TUPE legislation and the tests that apply in deciding if those employees transfer.

art
  • 20 March 2024
  • Employment

Changes to Employment Laws from April 2024 – are you ready?

There’s a large number of employment law changes coming in April which are set to shake up the workplace. It’s crucial for employers to stay informed and prepared.

art
  • 19 March 2024
  • Employment

Instant Messaging in the Workplace: Factors to be aware of

Workplaces have changed beyond recognition in the four years since the first COVID-19 lockdowns. This anniversary represents an opportunity to look back at how workplaces have changed in that period, from the increased use of flexible and hybrid working, to the continuing and significant integration of more technology in office-based work.