EU Settlement Scheme Briefing: Key Points and Application Process

1. SOAS Brexit briefing September 2018 Alex Russell

2. Agenda for today • EU Settlement Scheme • Other actions to consider now • Document collation • Permanent residence • British citizenship • Questions!

3. EU Settlement Scheme

4. So where do we stand? • Current status of EEA nationals • Difference between EEA and EU nationals • Norway, Lichtenstein, Iceland, Switzerland

5. Documents to read • EU Settlement Scheme employer toolkit • Statement of Intent (June 2018) • Other documents • UK / EU Joint Report (Dec 2017) • UK Government paper Safeguarding the Position of EU Citizens Living in the UK and UK nationals Living in the EU (June 2017) • UK Government Technical Paper (Nov 2017) • Implementation period policy statement (Feb 2018)

6. EU Settlement Scheme – key points • EU citizens resident in the UK by 31 December 2020 • 5 or more years - settled status • Less than 5 years – pre-settled status (for five years) • Also covers non-EU national family members of EU citizens • Spouse, civil partner, durable partner, dependent child or grandchild, and dependent parent or grandparent

7. Implementation period • Until 31 December 2020 • Blanket permission to remain during period • Applications must be made by 30 June 2021

8. Settled status rights • Reside in UK in any capacity and undertake any lawful activity • Access to healthcare, benefits, pension, social security on similar basis to British nationals • Loss of status if outside the UK for more than 5 continuous years • Pre-settled status rights same as under current rules

9. Who will need to apply? • All EU nationals • Streamlined no fee process for EU nationals with permanent residence documents • Irish nationals do not need to apply • But note family members • No quota

10. Qualifying criteria • 3 core criteria • Identity • Residence / relationship • Criminality / security • Note: no requirement for qualifying activities, CSI, travel log, language competency, or health surcharge

11. Qualifying criteria • Identity • EU passport or NI card and uploading photo • Residence • NI number (potentially P60s, bank statements, utility bills) • Criminality / security • Declaration • Serious or persistent criminals or threat to security

12. Continuous residence • Continuity broken by periods of absence from UK exceeding 6 months in total in any year • But continuity not broken by • Periods of absence from the UK on military service • A single period of absence not exceeding 12 months for important reason such as pregnancy/childbirth, serious illness, study or vocational training, overseas posting, or other ‘important reasons’

13. Application process • Streamlined digital online application • Designed for smartphone and tablets • Limited documents and cross departmental checks • Opportunity to provide supplementary evidence • Low cost – £65 for adults, £32,50 for children under 16 • No physical document unless from outside the EU

14. Family members • Family members on 31 December 2020 • Lifetime right to join EU national in UK under Settlement Scheme • Not family members on 31 December 2020 • No lifetime rights

15. Actions to consider now • EEA nationals should consider • Permanent residence • British citizenship • Retain key documents • Watch developments • But what if there is no deal?

16. Permanent residence

17. Why bother applying? • Sensible to have documents evidencing status • Streamlined no cost application for settled status • Currently necessary for citizenship application • Enhanced rights?

18. Permanent residence – acquisition • EEA nationals acquire PR after ‘residing legally’ in the UK for continuous period of 5 years • Also covers non-EU national family members of EU citizens • Residing legally • Continuous residence • Qualifying person

19. Qualifying person • EEA nationals have initial right of residence for 3 months • Right of residence beyond 3 months if ‘qualified person’ • Worker • Jobseekers • Self-employed • Student • Self-sufficient person

20. How to apply • Online form for most applications • Travel log not required • List of required documents generated • European passport return service • Guidance notes for alternative documents • £65 • Which 5 year period to rely upon?

21. Citizenship

22. Naturalisation • Consider, but….. • Dual nationality not permitted by all countries • Some countries have procedural requirements • Can result in applicant or family members losing citizenship of other countries • May also affect tax position and pension eligibility

23. Naturalisation - routes • Two main categories depending on whether applicant is spouse of partner of a British citizen • No British citizen spouse – 6 year route • British citizen spouse – 5 year route • Different requirements apply to each route

24. Naturalisation – main requirements • Residence • Future intentions • Good character • Knowledge of language and life in the UK • Fairly straightforward

25. Further guidance • Forms and guidance notes • EEA(PR) • Form AN, Guide AN, Booklet AN • Modernised Guidance (PR) • Nationality Instructions (Citizenship) • Nationality Checking Service (Citizenship)

26. Questions