Monday, 25 June 2018

10 things you need to know about Brexit in 2018 - for EU citizens and their family members

#1 Cut off date 31 December 2020

EU citizens (and family members), who started living in the UK by 31 December 2020, will be able to continue under the current rules and apply for settlement (permanent residence) and then British Citizenship. 

Those who have spent 5 years by then could apply for settled status. 
Those who haven't  - could apply later as long as they start UK residency by 31/12/2020. 


#2 EU citizens, who fall within the above deadline, will be able to bring (‘sponsor’) direct family members even after that date, as long as the relationship existed on 31/12/2020. 

For example, after 31/12/2020 an EU citizen will still be able to bring a non-EU husband or wife to the UK under the current rules, without having to apply under the UK law as spouses of UK citizens do, which entails the strict Financial Requirement £18,600 and very expensive government fees. But only off the related existed on 31/12/2020. 


#3 But don't rush to obtain a British passport. 

There is a chance this concession may not apply if the EU citizen is granted British Citizenship. Currently, the European law excludes dual EU/UK citizens from benefiting from any EU visa rules. If the rules for qualifying families remain ‘same as now’, which is what it seems to be coming to, then EU citizen, who become British, may find that doing had been disadvantages for their family members’ visas. 


#4 New online application process by end of 2018

This was the most recent publication (21.06.2018) on the date of this post:  https://www.gov.uk/government/news/home-office-publishes-details-of-settlement-scheme-for-eu-citizens   


#5 No documents will be needed for many to prove you have worked for 5 years. No comprehensive sickness insurance for students. 

For the past decades, we had to provide stacks of payslips, bank statements etc to evidence EU national’s work in the UK. It was needed for their PR application as well as for they family members’ application for a residence card or permanent residency. 

Now, the Home Office says they would check HMRC records on tax, National Insurance and benefits. What took them so long?!!


This will also put an end to demanding EU students to have health insurance.


#6 It will cost £65 (same as now). if you have a PR by then - free. 


#7 Deadline for registering -  30 June 2021.


#8  Under the current system you don’t have to apply for PR but under the new system you will. 


#9  Family members (of any nationality) can apple now without original passport.

Traditionally, this has been a big inconvenience! Applying for a resident card or permanent residency document would take 6 months and the non-EEA family member would be without their passport. There is a process now (even under the current system) where it is possible to apply without sending off the original ID - but only if the EEA citizen ‘sponsor’ is applying at the same time. Remains to be seen what Will be in the future under the new system. 


#10  Why would you apply now? Because you could then apply for British Citizenship. 

On the one hand, you don't have to apply for a settled status now. 
On the other hand,  you must if you wish to apply for British Citizenship afterwards. Applying now may bring that point sooner, as you need one year after PR. 
On the yet another hand, if it can be said so, EU citizens and direct family members qualify for PR automatically, based on their activities and not based on the date of issuance on their visas or PR documents. Depending on your situation, you may apply under the new system later in 2018 or 2019 and then still apply for Citizenship less than a year after that
Until 11 January 2018 there were no rules on absences from the UK when it came to dependants of Points-Based System migrants. There have been strict rules for the main Tier migrant, ie 180 days per year. But Rule were silent for spouses and children. From 11 January 2018, the rules have been made clear for spouses and partners: same 180 days per year as for the main PBS migrant.


For individual advice or to make an application please contact us: info@1st4immigration.com or visit http://www.1st4immigration.com/index.php.

1st 4Immigration Ltd, authorised by the OISC, ref 200800152. we operate at the highest Level 3 of expertise. Office address: 68 King William Street, City of London, London, EC4M 7DZ.

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