Post-Brexit: EU Citizen in UK – Do You Need to Apply for New Residence Status?

As an EU citizen living in the UK post-Brexit, you may need to apply for a new residence status to comply with the UK's Brexit regulations.

Visa Verge
By Visa Verge - Senior Editor 16 Min Read

Key Takeaways:

  • EU citizens in the UK must apply for new residence status post-Brexit to continue living lawfully.
  • The EU Settlement Scheme allows EU citizens to secure their residence rights in the UK.
  • Non-UK resident EU citizens must follow a different immigration route, such as the points-based system, to move to the UK.

Understanding UK Residence Status for EU Citizens Post-Brexit

The landscape of UK immigration has undergone significant changes post-Brexit, especially for EU citizens. If you’re an EU citizen living in the UK, you might be wondering about the new rules and whether you need to apply for a new residence status. The short answer is yes — following the UK’s departure from the European Union, EU citizens must secure their status to continue living in the UK lawfully. Here’s what you need to know about the process.

Brexit Impact on EU Citizens’ Residence Rights in the UK

EU citizens enjoyed the freedom of movement to live and work in the UK before Brexit. However, since the UK officially left the EU on January 31, 2020, and the subsequent transition period ended on December 31, 2020, these rules have changed. EU citizen living in UK Brexit regulations now require individuals to hold a specific immigration status to remain in the country.

How to Apply for UK Residence Status Post-Brexit

The UK government established the EU Settlement Scheme for EU citizens and their family members who were residing in the UK before December 31, 2020. To secure your residence rights, you must apply for UK residence status post-Brexit under this scheme.

Step-by-Step Application Guide:

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  1. Check Eligibility: If you’ve continuously lived in the UK for five years, you can generally apply for settled status. If you have yet to reach this five-year threshold, you might apply for pre-settled status.
  2. Prepare Necessary Documents: Gather proof of identity, such as a passport or national identity card, and evidence of your residence in the UK.
  3. Use the Online Application System: Complete the application through the UK Government’s digital platform.

The deadline for applying to the EU Settlement Scheme was June 30, 2021, for most people. However, if you believe you have reasonable grounds for missing this deadline, it’s important to act immediately and seek advice on submitting a late application.

Rights of EU Citizens in the UK After Acquiring Settled Status

Once you have been granted settled or pre-settled status, you have the right to work, study, and access public services and benefits, similar to when the UK was part of the EU.

What to Do If You’re an EU Citizen Planning to Move to the UK Post-Brexit

If you are an EU citizen and you did not live in the UK before December 31, 2020, you will need to apply through a different immigration route, such as the UK’s points-based immigration system, to move to the UK now. This could include applying for a work visa if you have a job offer from a UK employer.

Seeking Further Guidance on Post-Brexit Immigration Rules

For the most accurate advice and up-to-date information about your rights and the application process, it’s crucial to consult official resources. Visit the UK Government’s EU Settlement Scheme page for detailed guidance on securing your status. If you face complex immigration issues or need personal advice, consider consulting with a qualified immigration solicitor.

In Summary:

Post-Brexit, EU citizens must confront a new set of regulations to continue living in the UK. Applying for the correct residence status is essential for securing your rights and ensuring you can remain in the country without disruption. By carefully navigating the application process and keeping abreast of new regulations, EU citizens can confidently adapt to the post-Brexit immigration landscape in the UK.

For any EU citizen UK post-Brexit looking to maintain their residence in the country, it is clear: taking steps to understand and comply with the new rules is not just necessary, it’s absolutely vital for continued residency and peace of mind.

Expert Insights

Did You Know?

  1. The EU Settlement Scheme success: As of April 30, 2021, more than 5.4 million applications were received for the EU Settlement Scheme in the UK, granting EU citizens and their family members the ability to continue living and working in the country. This represents one of the largest immigration registration programs in the nation’s history.
  2. Pre-settled status offers flexibility: EU citizens who have lived in the UK for less than five years by December 31, 2020, are eligible for pre-settled status. This status allows individuals to remain in the UK and continue their lives while working towards qualifying for settled status after completing five years of continuous residence.

  3. Inclusion of family members: The EU Settlement Scheme also provides protection for family members of EU citizens. Spouses, partners, children, grandchildren, and dependent parents or grandparents can apply, even if they are not EU citizens themselves. This ensures that families can remain together in the UK post-Brexit.

  4. Grace period for late applications: Although the deadline for applying to the EU Settlement Scheme was June 30, 2021, there is a grace period for submitting late applications in certain circumstances. Individuals who missed the deadline but have reasonable grounds for doing so are encouraged to act immediately and seek advice to ensure their application can still be considered.

  5. Visa-free travel for short visits: Despite the changes in immigration regulations, EU citizens can still visit the UK without a visa for up to six months. This allows for continued tourism, business trips, and visits to friends and family members, promoting cultural exchange between the UK and EU countries.

  6. The settled status pathway to citizenship: Obtaining settled status in the UK can be a pathway to British citizenship for EU citizens. After holding settled status for at least 12 months, individuals become eligible to apply for British citizenship, granting them the full rights and privileges of a UK citizen.

  7. The points-based immigration system: The UK’s post-Brexit immigration system is based on a points-based system. This system evaluates applicants based on factors such as skills, qualifications, language proficiency, and salary levels. It aims to attract highly skilled individuals from around the world, including EU citizens, who can contribute to the UK economy and society.

  8. Contributions of EU citizens: EU citizens have made significant contributions to the UK in various sectors, including healthcare, academia, arts, and business. Many renowned doctors, scientists, artists, and entrepreneurs in the UK hail from EU countries, enriching the cultural and professional landscape of the nation.

Remember, as immigration policies and regulations continue to evolve, staying informed and seeking official guidance is essential to ensure a smooth transition and secure your rights as an immigrant in the UK.

Learn today

Glossary or Definitions

  1. Brexit: The term used to refer to the United Kingdom’s departure from the European Union, which occurred on January 31, 2020.
  2. EU Citizen: An individual who is a citizen of a European Union member state.

  3. Residence Rights: The rights granted to EU citizens to live and work in the UK prior to Brexit under the principle of freedom of movement.

  4. Immigration Status: A person’s legal standing in a country, which determines their rights and entitlements regarding residence, work, and access to public services.

  5. EU Settlement Scheme: A program established by the UK government to enable EU citizens and their family members who were residing in the UK before December 31, 2020, to secure their residence rights post-Brexit.

  6. Settled Status: A type of UK residence status granted to EU citizens who have continuously lived in the UK for five years or more. It provides individuals with the right to live, work, study, and access public services and benefits in the UK.

  7. Pre-Settled Status: A type of UK residence status granted to EU citizens who have not yet reached the five-year threshold of continuous residence in the UK. It allows individuals to continue living and working in the UK and provides a pathway to apply for settled status in the future.

  8. Online Application System: Refers to the digital platform provided by the UK Government for EU citizens to complete their application for UK residence status post-Brexit under the EU Settlement Scheme.

  9. Late Application: Refers to an application for UK residence status submitted after the deadline of June 30, 2021, for most people. Late applications may be accepted in exceptional cases where an individual has reasonable grounds for missing the deadline.

  10. Points-Based Immigration System: The UK’s immigration system introduced post-Brexit, which assigns points to individuals based on various criteria such as skill level, job offer, and English language proficiency. EU citizens who did not live in the UK before December 31, 2020, need to apply through this system to move to the UK.

  11. Work Visa: A document that allows an individual to work in the UK for a specific job or employer. It is typically obtained through an application process, which may involve meeting certain requirements and providing supporting documentation.

  12. Official Resources: Refers to reliable and authoritative sources of information, such as the UK Government’s EU Settlement Scheme page, where individuals can find accurate guidance on securing their residence status post-Brexit.

  13. Qualified Immigration Solicitor: A legal professional specializing in immigration law who can provide expert advice and assistance on complex immigration issues and individual cases. Consulting with a qualified immigration solicitor is recommended when seeking personal advice on post-Brexit immigration rules.

So there you have it, folks! Post-Brexit UK residency for EU citizens may seem like a maze, but with a dash of patience and a pinch of paperwork, you can navigate it like a true tech wizard. Just remember to apply for the right status using the EU Settlement Scheme, keep up with the latest regulations, and check out visaverge.com for more juicy details. Happy settling!

FAQ’s to know:

FAQ 1: What is the EU Settlement Scheme and how can EU citizens apply for UK residence status post-Brexit?

The EU Settlement Scheme is a program established by the UK government for EU citizens and their family members who were residing in the UK before December 31, 2020. To secure your residence rights, you must apply for UK residence status post-Brexit under this scheme. The application process involves checking eligibility based on your length of continuous residence in the UK, gathering necessary documents such as proof of identity and evidence of residence, and completing the application online through the UK Government’s digital platform. The deadline for applying was June 30, 2021, but if you have reasonable grounds for missing this deadline, it’s important to seek advice on submitting a late application.

FAQ 2: What rights do EU citizens have in the UK after acquiring settled or pre-settled status under the EU Settlement Scheme?

Once you have been granted settled or pre-settled status under the EU Settlement Scheme, you have the right to work, study, and access public services and benefits in the UK. These rights are similar to what EU citizens enjoyed when the UK was part of the European Union.

FAQ 3: What should EU citizens do if they are planning to move to the UK post-Brexit and did not live in the UK before December 31, 2020?

If you are an EU citizen and you did not live in the UK before December 31, 2020, you will need to apply through a different immigration route, such as the UK’s points-based immigration system, to move to the UK now. This may involve applying for a work visa if you have a job offer from a UK employer. It is important to familiarize yourself with the specific immigration requirements and rules applicable to your situation.

What did you learn? Answer below to know:

  1. True or False: EU citizens living in the UK before December 31, 2020, must apply for UK residence status post-Brexit under the EU Settlement Scheme.
  2. What is the deadline for most people to apply to the EU Settlement Scheme for UK residence status post-Brexit?
    a) January 31, 2020
    b) December 31, 2020
    c) June 30, 2021
    d) January 31, 2022
  3. If an EU citizen did not live in the UK before December 31, 2020, what immigration route should they apply through to move to the UK now?
    a) EU Settlement Scheme
    b) Points-based immigration system
    c) UK Residence Status Scheme
    d) Brexit Immigration Route
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