Further to the Queens speech laying down the legislative agenda for the UK Parliament, we attempt to decode Theresa May’s offer for EU Nationals post Brexit.
The UK government maintains that it will take into account the aspirations of EU nationals who arrived in the UK before Brexit with the intention to settle. It also provides that the European court of justice will no longer have jurisdiction in the UK.
- Indefinite leave to remain/settled status
All EU nationals who lived in the UK for five years would be eligible to apply for settlement, this is essentially the same as indefinite leave to remain under the 1971 Immigration Act. This means it will cover the right to reside, to undertake any lawful activity, to access public funds and apply for British citizenship. The proposal protects the rights of Irish nationals who would not be required to apply for settled status.
Further the proposal provides that an EU national will be able to leave UK for up to two years without affecting their permanent residence status, the gap will also apply in counting the five qualifying years.
requirement to meet financial eligibility requirement – All EU nationals will be required to meet the minimum income threshold of £18,600
will be eligible for higher education and further education student loans and “home fee” status and for maintenance support where available. EU students starting courses in 2017/18 and 2018/19 will continue to be eligible for the duration of their courses.
- Eligibility of EU Nationals
In order to qualify, the EU national must have been resident in the UK before the specified cut-off date and must have completed five years’ continuous residence in the UK before applying for settled status.
The cut-off date is yet to be agreed but will be between 29 March 2017, when article 50 was triggered, and the date of withdrawal
EU nationals who are in country before the cut off date but are still not eligible for settled status would be required to apply for temporary status to remain residents till they meet the criteria of 5 years.
For obvious reasons the Home Office has stated that EU nationals arriving after the cut off date will get entry for a temporary period and may become eligible for permanent status, however this is not assured.
If you have a query regarding your EEA Residence Permit or would like to make an application for Residence card, Registration Certificate or Permanent Residence you can contact our Experts UK Immigration Consultant. If you would like to apply for entry clearance for your non-EEA Family member we can help for that too.
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