Immigration status for EU nationals and their family after Brexit
Coming soon, as everyone is now aware, Brexit will have a significant effect on EU nationals and their family members residing in the UK. It is interesting to note that Irish citizens’ right to reside in the UK should not be affected by Brexit because they benefit from special rights due to the complex history between Ireland and the UK.
EU nationals and their family members residing in the UK before 31st October 2019
EU nationals and their family members currently residing in the UK are eligible to and must apply for the EU Settlement Scheme. According to the Government’s last announcement, if the UK leaves the EU without a deal, EU nationals and their family members who arrived before 31st October 2019 in the UK will have until 31st December 2020 (the end of the transitional period) to apply under this Settlement Scheme.
EU nationals and their family members coming to the UK after 31st October 2019
A new system, namely the European Temporary Leave to Remain (Euro TLR) Scheme, will be introduced for EU nationals and their family members planning to immigrate to the UK after 31st October 2019. Successful applicants of the Euro TLR Scheme will be granted a visa for a period of 36 months from the date of the Home Office decision. This scheme will cease to exist once the new proposed immigration system is introduced in January 2021.
EU nationals and their family members and the future new immigration system
The Home Office’s next plan is to implement a new Point Based System that will come into effect in January 2021. This new system will be designed based on the Australian Point Based scheme for skilled migrants. Thereafter, EU nationals and their family members, who move to the UK after 31st October 2019 will need to submit an application based on new requirements of the Point Based System even for those who hold a residence permit under Euro TLR upon expiry of their EU LTR visa.
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