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8Dec
2017
immigration lawyer london uk eu
08/12/2017

Case study: Example case studies: EU citizens’ rights in the UK

Updated: Case studies updated: agreement reached on EU on citizens’ rights in the UK.
After the UK leaves the EU, EU citizens’ residence status in the UK will depend on how long they have lived here and whether they arrived by 29 March 2019.

More details about the UK government’s offer to EU citizens: Status of EU citizens in the UK: what you need to know.

‘Andriana’ will have been resident in the UK for 10 years when the UK leaves the EU

Andriana is a Greek national who will have been resident in the UK for 10 years on 29 March 2019.

Andriana will continue to have the right to exercise her free movement rights to live and work in the UK up to the point that the UK leaves the EU on 29 March 2019. As Andriana has been living continuously in the UK for over 5 years (without an absence of more than 2 years after that 5 years), she also immediately qualifies for settled status, subject to criminality and security checks.

This means she can apply for settled status under the new UK scheme once it is open. Once she has received her status she does not need to do anything further after the UK leaves the EU. Andriana will have successfully obtained her immigration status in UK law.

It’s OK if Andriana doesn’t immediately apply for settled status. She can remain in the UK after exit and continue her activities for a period of 2 years. However, she must apply to the Home Office by 29 March 2021 for permission to stay if she intends to carry on living in the UK afterwards.

‘Christophe’ arrived before the UK’s exit but won’t have been resident in the UK for 5 years when we leave the EU

Christophe is a French teacher who arrived before the UK’s exit from the EU and will have been resident in the UK for 4 years at the point the UK leaves the EU.

After the UK leaves, Christophe will be able to continue to live and work in the UK until 29 March 2021 without having to make an application. As soon as Christophe has been resident for 5 years, he will be entitled to apply for settled status which will allow him to settle in the UK permanently.

‘Lukas’ arrived before the UK’s exit but won’t have been resident in the UK for 5 years by the end of the 2-year period after exit
Lukas is an Austrian national who came to work in the UK before the cut-off date. He will have been resident in the UK for 2 years before the UK’s exit from the EU.

After the UK leaves the EU, Lukas will be able to continue to live and work in the UK during the 2-year period after exit without hav..

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8Dec
2017
immigration lawyer london uk eu
08/12/2017

Detailed guide: Status of EU citizens in the UK: what you need to know

Updated: Guidance updated: agreement reached on EU on citizens’ rights in the UK.
This page will be updated with the latest information about the status of European Union (EU) citizens (see note 1), and their families in the UK.

The Prime Minister has been clear that safeguarding the rights of EU citizens living in the UK and UK nationals living in the EU was her first priority for the negotiations.

We have now delivered that commitment and reached an agreement with the European Commission on citizens’ rights. The agreement will provide the millions of EU citizens and their family members living in the UK certainty about their future and most importantly, allow them to stay.

There is no need for EU citizens living in the UK to do anything now, including applying for a permanent residence document. There will be no change to the status of EU citizens living in the UK while the UK remains in the EU. If you would like to find out the latest information you can sign up for email updates.

Note 1: We also expect that our offer will be extended to resident nationals of Norway, Iceland, Lichtenstein and Switzerland. As the rights of British and Irish citizens in each other’s countries are rooted in the Ireland Act 1949, Irish nationals won’t need to apply for the new status.

More information is available on what UK nationals travelling and living in Europe need to know.

Agreement on rights for EU citizens and their families

The agreement we have reached for EU citizens and their family members is:

People who arrive by 29 March 2019 and have been continuously and lawfully living here for 5 years will be able to apply to stay indefinitely by getting ‘settled status’. That means these citizens will be free to live here, have access to public funds and services and go on to apply for British citizenship.

People who arrive by 29 March 2019, but won’t have been here lawfully for 5 years when we leave the EU, will be able to apply to stay until they have reached the 5-year threshold. They can then also apply for settled status.

Family members who are living with, or join, EU citizens in the UK by 29 March 2019 will also be able to apply for settled status after 5 years in the UK.

Close family members (spouses, civil partners and unmarried partners, dependent children and grandchildren, and dependent parents and grandparents) will be able to join EU citizens after exit under these rules, where the relationship existed on 29 March 2019 and continues to exist..

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8Dec
2017
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