What you need to know as an EU citizen living in the UK

Information about Brexit, how it may impact you as an EU citizen living in the UK, and what you may need to do next.

How does Brexit affect me?
On 23 June 2016 the outcome of a United Kingdom (UK) referendum ended with the decision of the UK to leave the European Union (EU). This process of withdrawal is commonly referred to as Brexit. The decision means that European freedom of movement will end for EU citizens (including citizens of Switzerland, Norway, Iceland and Liechtenstein), and their family members in the UK, and for British citizens living across the EU. Free movement of workers is a fundamental principle of EU law. According to this EU citizens can look for a job, work without a permit, reside and stay after the end of their employment in another EU country. They also enjoy equal treatment with nationals of their host country in terms of access to employment, working conditions and all other social and tax advantages.

The EU and the UK has negotiated the terms of the UK's withdrawal from the EU, commonly referred to as the Withdrawal Agreement (the Brexit deal). According to this, after the UK leaves the EU on 31 January 2020, EU law will still continue to apply in the UK until the 31 December 2020. The period between 31 January 2020 and 31 December 2020 is called the transition period. During this period the free movement of people will continue. The UK government does not intend to extend the transition period meaning that the free movement of people should end on 01 January 2021.

The end of free movement means that the residence status for EU citizens and their family members who live in the UK before 31 December 2020, will now be protected under UK immigration law. The UK Government set up the EU Settlement Scheme which is in line with the Withdrawal Agreement and is designed for this purpose. The EU Settlement Scheme is a UK Home Office application process, that nearly all EU citizens and their family members must complete to protect their future residence in the UK. The immigration status that is granted by the EU Settlement Scheme is called “Settled Status” or “Pre-settled Status”.

Therefore, almost all EU citizens who arrive before the end of the transition period and intend to stay in the UK after 31 December 2020 must take action and apply for either settled or pre-settled immigration status. The deadline to apply to the EU Settlement Scheme is 6 months after the end of the transition period which means the current deadline to apply is 30 June 2021. Failure to apply under this scheme would mean that any future residence in the UK will be unauthorised and could be unlawful.
Further information
Questions and Answers – the rights of EU and UK citizens, as outlined in the Withdrawal Agreement (European Commission)
Do I need to apply to the EU settlement scheme?
The EU Settlement Scheme must be implemented in strict accordance with the terms of the EU-UK Withdrawal Agreement. You have to apply if you and your family have been resident in the UK before 31 December 2020 and intend to stay in the UK thereafter (there are a small number of exceptions to those who need to apply set out below). It is free to apply to the EU Settlement Scheme.

The requirements of the EU Settlement Scheme are mainly residence based: the Home Office will check how long you have been in the UK and not what you have been doing here. Therefore, “Settled Status” or “Pre-settled Status” is not dependent on your employment, whether or not you receive benefits or hold private health insurance (Comprehensive Sickness Health Insurance).

This means that most EU citizens and their family members who have been continually resident in the UK for at least 5 years should get “Settled Status”.

Those who have lived in the UK for less than 5 years will have to apply for temporary “Pre-Settled Status”. This will allow them to stay in the UK and apply for “Settled Status” once they achieve 5-years continuous UK residence.

Those applying for “Settled Status” or “Pre-Settled Status” must also prove their nationality and identity and subject themselves to a criminality check.

Even if you already have a UK issued EU Permanent Residence Document or EU Permanent Residence Card (commonly known as “PR” card) you must apply for “Settled Status”. Irish citizens or persons who already hold “Indefinite Leave to Remain” (ILR) are not required to apply, but can do so if they wish. Dual British/EU27 citizens do not need to apply as they are able to live in the UK after Brexit based on their British nationality.

Deadlines: Your application must be made by 30 June 2021. If an application is refused before 31 December 2020, you have the option to re-apply any number of times to remedy the issue or appeal the decision to an independent immigration judge. If your application is refused after 31 December 2020 you cannot re-apply and can only appeal the decision. If the application is granted, ”close” family members who are not in the UK by 31 December 2020 will be able to join the EU citizen in the UK anytime in the future. “Close” family members are: spouse, civil partner, individuals in the ascending and descending lines, durable partners and future children born or adopted.
How do I apply for “Settled” or “Pre-Settled Status”?
It is free to apply. Most applicants are required to complete an online application form using a computer, tablet or smartphone. There are paper forms available from the Home Office if you are unable to complete the online form. It does not matter whether you use the online form or the paper form, either way the Home Office application checks three things: (1) your identity, (2) your residence in the UK and (3) any criminal record you may have.

Identity

The application asks for your basic information (name, nationality, contact details, national insurance number) and you have to confirm your identity and nationality using your passport (for applicants of all nationalities) or national ID card (if you are an EEA / Swiss applicant). To do this you have the following options:

If you have a valid passport or national ID card with a biometric chip you are able to use the Home Office ID scanning App to send your identity information directly to the Home Office.

If you do not have a passport and have a national ID card with no biometric chip, you will have to mail this to the Home Office for verification.

If you have a passport or a national ID card with a biometric chip, but you do not have a newer Android or iPhone, you can go to one of the locations listed by the Home Office to scan your document.

As part of the application you have to upload a digital photo of yourself.

Residence in the UK

You have to prove your residence in the UK and the simplest way for many people to do so will be by providing your National Insurance Number (‘NiNo’). The application will check your NINO against the HMRC and DWP government department databases to see if you have been resident in the UK. These checks will only cover the past 6 YEARS and so if there are gaps in NINO records or you do not have a NINO (for example if you are under 16 years old), you may need to provide additional documents (such as utility bills or bank statements), to show that you are living in the UK. You can scan and upload your supporting documents during your online application. If you are applying for “Pre-Settled Status” because you have not lived in the UK for 5 years, then your ‘NiNo’ or documentary evidence must show that you have been living in the UK at some point in the last 6 months.

Criminality

You will be asked about your criminal record. If you have only been convicted of a minor crime you will still be eligible for “Settled” or “Pre-Settled Status”. Any dishonest answer could have a negative impact on your application.

Outcome

If your application is approved, you will be granted “Settled” or “Pre-Settled Status”, depending how long you have lived in the UK. You will get a confirmation email of your digital status. EU citizens will not be given an ID document to show their immigration status as you will also be able to access your online profile which shows which status you have. You can choose to share details of your online status with your employer, landlords, the NHS and the DWP. Please note EU citizens do not have to show they hold “Settled” or “Pre-Settled Status” before 31 December 2020 but you can choose to do so.
Credit: Home Office

Further information

Information tool for EU citizens (Home Office)

Settled and Pre-settled status for EU citizens and their families (Home Office)

EU Settlement Scheme: applicant information (Home Office)

How to provide evidence that you’ve been living here if we can’t confirm this through an automated check of UK tax and some benefits records. (Home Office)
What if I arrive to the UK after the end of the transition period?

The UK Government intends to implement a new immigration system from 1 January 2021. This system is for those EU citizens who do not fall under the EU Settlement Scheme as they were not living in the UK before the end of the transition period currently set as 31 December 2020.
Where can I find further information?
Brexit: What you need to know as an EU citizen living in the UK – from the European Commission.

Withdrawal Agreement / EU Settlement Scheme

Questions and Answers – the rights of EU and UK citizens, as outlined in the Withdrawal Agreement (European Commission)

Information tool for EU citizens (Home Office)

Settled and pre-settled status for EU citizens and their families

EU Settlement Scheme: applicant information

How to provide evidence that you’ve been living here if we can’t confirm this through an automated check of UK tax and some benefits records.

Additional information

EU Londoners Hub (Mayor of London)

Seraphus Solicitors (contracted by the Representation of the European Commission)

This site offers information about Brexit, how it may impact you as an EU citizen and your family living in the UK, and what you may need to do next. It summarises key issues and is purely for information purposes and has no legal force. It does not provide any legal interpretation of EU or UK legislation and is not meant to replace specialised legal advice on UK immigration rules.

What you need to know as an EU citizen living in the UK

How does Brexit affect me?

Further information

Do I need to apply to the EU settlement scheme?

How do I apply for “Settled” or “Pre-Settled Status”?

Identity

Residence in the UK

Criminality

Outcome

Further information

What if I arrive to the UK after the end of the transition period?

Where can I find further information?

Withdrawal Agreement / EU Settlement Scheme

Additional information