EU Free Movement

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After Brexit the rights of EU citizens in the UK will be protected under either national law or by the existing international treaties the UK has signed, such as the European Convention of Human Rights. The rights were  guaranteed to EU citizens and their families by EU law are wide ranging and often depend on whether the EU citizen is economically active. The Government’s mechanism for determining the right of residence for EU citizens after Brexit is the Settled Status Scheme which was launched on 30th March 2019.

How can we help you

We are able to assist you in obtaining settled status, especially with cases which are not straightforward, and particularly when there are issues regarding the eligibility and suitability requirements of the EU Settlement Scheme.

The simpler cases are:

1. EU citizens and any of their non-EU family members who by 29th March 2019, have been continuously resident in the UK for five years. These individuals are eligible for settled status, enabling them to stay indefinitely.
2. EU citizens and their family members who arrived by 29th March 2019 but will not, at this point, have been continuously resident in the UK for five years. They will be eligible for pre-settled status. This will allow them to stay until they have reached the five-year threshold and then they can apply for settled status.
3. EU citizens and their close family members will still be able to join the EU citizen who is residing in the UK until 29th March 2022. This is so long as the family relationship existed on the date of Brexit.

It is vital for EU citizens living in the UK to be protected and to make the online application to the Home Office under the Settlement Scheme. The EU Settlement Scheme is under-pinned by certain administrative rules published on 20th July 2018 called Appendix EU. This is where you can find the rules on the Settlement Scheme.

What does Brexit mean for asylum seekers in the UK?

The most significant implication of the UK’s withdrawal from the EU Dublin system (which determines responsibility for asylum applications) is the loss of a safe legal route for the reunion of separate refugee families in Europe.

What will happen to EU citizens in the UK after Brexit?

The Government has established an EU Settlement Scheme which provides the basis on which EU citizens resident in the UK before the 30th June 2021 were able to apply for EU immigration status in order to remain in the UK. The immigration status granted under the EU Settlement Scheme may be:  indefinite leave to remain; indefinite leave to enter; five years limited leave to enter; or five years limited leave to remain, also known as Pre-Settled Status.

What happened to EU freedom of movement following Brexit?

If you are from the EU and have lived in the UK for 5 years by the end of the transition period, i.e. 31st December 2020, you were able to continue to reside in the UK permanently. If you have not lived in the UK for 5 years by this date, you will be permitted to remain and complete the 5 years.

Can EU citizens work in the UK after Brexit?

If you have not applied by the 30th June 2020, i.e. 6 months after the end of the transition period, you can still apply under the Settlement Scheme within a reasonable time period if there are reasonable grounds for missing the deadline.

What is the New Point Based System?

On 31st December 2020 freedom of movement between the United Kingdom and the European Union came to an end.  Thereafter, a new points-based system was introduced which aimed to cater for the highly skilled workers, skilled workers, students and a range of other specialist work routes.  These routes opened in January 2021.

1. Underpinning the new system, the Government promised there will be streamlined and simplified Rules and Guidance. The sponsorship system will form an integral part of the points-based system, applying to the skilled worker route, to the health and care visas, to the student route as well as to some specialised workers routes.  This will apply to both EU and non-EU citizens who come on these routes.  Each route will have a specific requirement, but for most work routes the sponsors must undergo checks to demonstrate they are a genuine business, solvent, have roles they wish to recruit for, and they can meet the salary and skills requirements if appropriate. The sponsors will have to pay a licence fee and ensure that they act in a way conducive to the public good.
2. Importantly, to reduce the burden on employers and streamline the sponsorship system, the Government will suspend the current cap on Tier 2 (General) visas, and hence there is no limit on the number of skilled workers who can come to the UK.  Existing Tier 2 (General) and Tier 2 (Inter-company transfer) sponsors will automatically be granted a new skilled working licence or inter-company transfer licence with an expiry date consistent with their current licence.  Under the new skilled workers route there will be no requirement for employers to undertake resident labour market tests.  Sponsors must still be seeking to fill a genuine vacancy which meets the skills and salary threshold of the new routes.
3. Employers who sponsor non-EU migrant workers are required to pay the Immigration Skills Charge, and the requirements on migrants to speak the English language will continue.  The English language ability level requirements are set for each relevant route based on the Common European Framework of Reference for Languages. Some routes provide additional ways of meeting the English language requirement, for example skilled workers who are sponsored as doctors, dentists and nurses can rely on assessments of the professional body as proof of their English language ability.
4. Skilled workers and post-graduate students continue to have the right to bring dependents and under the points-based system migrants  are able to apply to switch from one immigration route to another without having to leave the UK. However, there is no relaxation of the qualifying criteria for the route being switched into.  In other words, a migrant will still have to meet the requirements of the new route, pay the same fees and to complete the same application form. There will be no right to switch in the UK for work or study from those on short term routes such as visitor or seasonal workers.
5. As set out in the policy statement published on 19th February 2020, anyone coming to the UK for work, including EU citizens, will need to demonstrate they meet a specified set of requirements for which they will score points. The applicant must meet the following mandatory criteria, in addition to passing relevant UK criminality checks:

• The applicant must have an offer of a job from a licensed sponsor;
• The job must be at or above the minimum skill level;
• The applicant must speak English to an acceptable standard;
• Meeting the mandatory criteria above will earn the applicant 50 points.  They must also obtain a further 20 points through a combination of points from salary, a job in a shortage occupation or a relevant PhD;
• If the applicant is paid higher than the general salary threshold of £25,600 or the going rate for the particular job they will get an extra 20 points;
• There are different minimum salary rules for workers in certain health or educational jobs.

For further information please see the link below.

https://www.gov.uk/government/publications/uk-points-based-immigration-system-further-details-statement/uk-points-based-immigration-system-further-details-statement

Danielle invites you to take a look at her blog, where you will see the diverse range of clients that she has helped to get their permanent residency in the UK.

If you have any questions about the process or would like to make an application, please contact Danielle on 020 7267 4133. Danielle will only charge you for the first consultation if you decide to become her client and if she can assist you.