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No Deal Brexit - The rights of EU nationals after 29th March 2019

29 January 2019

The Government has released some information on the status and rights of EU nationals in the event of a “No Deal” Brexit.

EU nationals entering the UK after 29th March 2019 will be admitted under the UK’s Immigration Rules and will require Leave to Remain if they wish to stay in the UK for more than 3 months. An application will need to be made to the Home Office for European Temporary Leave to Remain which will be valid for up to 36 months and will allow work and study. This leave will be temporary, non-extendable and will not lead to settlement. At the end of this 36 month period, EU nationals who wish to remain in the UK to work or study will need to qualify under the new UK immigration scheme. A fee (details will be announced at a later date) will be charged for an application for European Temporary Leave to Remain.

Family Members of EU nationals who are also EU citizens will need to apply individually for European Temporary Leave to Remain. Non-EU Family Members will also need to apply but only “close” Family Members will qualify. “Close” family is defined as spouse, partner and dependent child under 18 years which is a much narrower definition than under the EU Regulations.

EU nationals and their Family Members who are resident in the UK by the 29th March 2019 will be able to apply for Settled or Pre-Settled status and will be required to register by the 31st December 2020 in the event of no deal.

Nationals of Switzerland, Norway, Iceland and Lichtenstein will also need to make applications to remain in the UK under this scheme post 29th March 2019.

If you have any queries about this announcement, please do get in touch with a member of the immigration team or your usual contact.

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