No deal Brexit – Update
Right to entry and stay in the UK for EEA nationals and their family members
Brexit is coming. Here are some recent updates that you may want to know in case of no deal Brexit.
The UK Government has issued a statement of changes in the Immigration Rules on 24th October 2019. This statement updates the right of EEA nationals and their family members to enter and stay in the UK in case of a no deal Brexit on 31st October 2019. Barar & Associates has summarised the main points for you below.
The UK criminality thresholds rule
Firstly, the UK will apply the UK conduct and criminality thresholds to EEA nationals, their family members but also to Turkish workers and their family members with visas under the European Communities Association Agreement (ECAA). This will be used to consider refusal of entry, deportation or even exclusion from the UK.
These thresholds will apply to post-exit conducts (after the 31st October 2019) of EEA nationals and their family members, even those living in the UK before Brexit or who already have status under the EU Settlement Scheme (EUSS).
Furthermore, Turkish workers and their family members will in addition fall under the UK thresholds even for their pre-exit conducts (before the 31st October 2019) if they result in an imprisonment sentence.
This is an important change as the UK criminality rules are stricter than the EU law public policy tests, therefore, some individuals could be refused entry, deported or excluded from the UK under these new thresholds when the EU thresholds did not apply to them.
The EU settlement scheme
Secondly, regarding the EUSS, the only change stated relates to the deadline to apply.
Family members will have to apply by 29th March 2022 if their relationship to the EEA national existed before Brexit and continues to exist when the application is made. This applies to spouses, civil partners, durable partners, children, parents and grandparents.
On another hand, family members will have to apply by 31st December 2020 if the relationship to the EEA national formed after Brexit and continues to exist when the application is made. This applied to all family members.
The European Temporary Leave to Remain Scheme
Lastly, the Euro TLR is an intermediary visa for EEA nationals and their family members arriving in the UK after Brexit.
Euro TLR applications will be made within the UK, free of charge and online.
EEA citizens will be able to apply by the 31 December 2020 and be granted 36 months limited leave to remain in the UK.
Additionally, non-EEA national close family members in the UK lawfully other than as a visitor will be able to apply for Euro TLR from 4th December 2019.
The Euro TLR will not be extendable and holders wishing to stay in the UK after their Euro TLR leave expires will need to make a new application and qualify under the future new points-based immigration system.
This is very detrimental to EEA nationals and their family members as the future new points-based immigration system will have stricter rules than the EUSS. Applicants will need to meet specific requirements which could be being sponsored by their employers, having a British or settled spouses etc.
Therefore, it is highly advisable for EEA nationals who wish to reside in the UK to apply for the EUSS before Brexit in case of no deal.
A copy of this Statement of Changes can be found on the visa and immigration pages of the GOV.UK website at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/841772/CCS001_CCS1019317048-001_Statement_of_changes_in_Immigration_Rules_Text.pdf.
Should you wish to discuss your immigration situation in light with Brexit please do not hesitate to contact our professional team of immigration lawyers at barar.london@bararassociates.co.uk or call us at 020 7487 8370. You can access more information about us via https://bararassociates.com/.
