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Deal or No Deal: Brexit
With a deadline of 31st October 2019, will the new Prime Minister, Boris Johnson deliver on his promise that Mrs Thera May couldn’t? Will we ever leave the EU? Will there be another referendum? What about Immigration? All of these questions are mind boggling the minds of people within the UK and around the world?
All eyes are on the Britain. The helpful Guide below is to help EU nationals and their families to help them understand the scenarios and key dates. This is a Guide only and the dates can be subject to change at any time by the Government.
No Deal for European Union Nationals – EU Settlement Scheme
The Department for Exiting EU (DExEU) in a Policy Paper have given different deadlines for the EU Settlement Scheme in a scenario that there is a no deal. The Home Office have already adopted this and further information can be found on their website.
1. Those EU citizens who wish to make an application under the EU Settlement Scheme to the Home Office as a main applicant must have arrived in the UK by 31st October 2019 (the deadline for extension of Article 50). There is no time given by the Government on what time specifically on the deadline day any applications have to be either sent or received by. However key legislation has specified 11:00pm as the deadline date. The Home Office, thus are likely to rely on this time frame too in the nearer future.
2. The closing date for Applicants which includes EU and family members already residing in the UK by 31st October 2019 is 31st December 2020. In a deal scenario this deadline will change ultimately to 30th June 2021.
3. Family members, extended family members of EU nationals such as children, parents, partners, grandparents that have a direct or indirect relationship with an EU national by 31st October 2019 and are not present in the UK but living outside the UK on the deadline date (31st October 2019) will need to apply prior to the deadline of 29th March 2022 under the EU Settlement Scheme. All applications submitted after 29th March 2022 will not be assessed under the EU Settlement Scheme but rather outside under Immigration Rules.
4. In scenarios where partners, spouses and other relatives that develop and start a relationship with an EU national who already has leave to remain under the EU Settlement Scheme will be able to apply for the same status until 31st December 2020. After the date, again the Home Office will consider this outside of the Immigration Rules.
There is expected to be a influx of applications from EU Nationals after rumours of ending the free movement immediately after the 31st October 2019.
Our expert immigration lawyers can advise you on your circumstances and ensure that you are fully aware of any recent changes within Immigration Law. We will advise you on your merits and identify any obstacles you may face. Optimus Law are very experienced in EEA Applications and also Indefinite Leave to Remain Applications.
With the law anticipated to go through some landmark changes, utilising our expert help can be the difference to securing your future in the UK. Contact us for a free assessment with our immigration specialists and we will advise you on the best course of action.
Key facts about the Transitional Period
The DExEU Policy
The current Policy Paper is still imprecise and not a setting stone until more guidance is issued from the Government. The Policy seems to lack information about who is and who is not considered as a family member. The Policy does not go into further details of Surinder Singh scenario.
There is no agreement in relation to the Policy that is submitted, so at the moment it seems to be a draft guidance. There has been no agreement with the International community as to the agreement of it or not.
EU Nationals Arriving after 31 October 2019
After the initial exit date of 31st October 2019, there will be a transitional period to allow Applicants the opportunity to make the relevant applications. The transitional period will be up until 31 December 2020 for people arriving after the exit date.
1. EU nationals who wish to enter the UK after the UK leave the EU will be able to do so on a temporary 3-month period. If the EU national wishes to extend his/her stay they will need to apply for an EU Temporary Leave.
2. The temporary leave will be granted for a period of 3 years from the date of the application and not from when it will be granted. EU members cannot then extend this leave further or make an application for ILR.
3. If EU nationals wish to apply for leave past the3 year period then they must make the relevant application that is applicable to them under or outside the Immigration Rules.
4. EU national family members (consisting of partner, spouse or dependent minor (under 18 years old)) who are not EU citizens but foreign nationals from third countries can join their EU national family member, however they will need to apply for the relevant family permit prior to doing so.
How can we help?
We can help you understand how the Government’s changes to legislation will affect you or your family members. Our lawyers can also advise on how your business will be affected by the new immigration rules regarding EU Nationals entering for work purposes into the UK. We can advise on whether your business should apply for a Sponsor License to begin recruiting foreign nationals outside of the EU. We can also help with:
-Temporary Leave Visas for EU Nationals
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