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EEA nationals - Brexit guidance

Updated 28 October 2019

Information for EEA Nationals and their family members currently living in the UK

and

EEA Nationals and family members who will be living in the UK by the exit date (by January 2020)

European Economic Area (EEA) nationals and Swiss nationals can currently live and work in the UK without any restriction under EEA Regulations.

The UK Government has committed to protect the rights of EEA nationals and their family members currently living in the UK. This includes the right to live here, work here and access public services such as healthcare and benefits. Whilst there will be no change to the rights and status of EEA nationals already living in the UK before the exit date until 31 December 20201, To retain these rights, EEA nationals living in the UK and their family members must apply for their new UK Immigration status under the EU Settlement Scheme by 31 December 20201 .

1 31 Dec 2020 if there is a no deal and by 30 June 2021 if there is a deal.

Irish Citizens do not need to apply for the EU Settlement Scheme as they have a right of residence in the UK that is not reliant on the UK’s membership of the EU.

The UK Government has produced lots of guidance to assist EU citizens and their family members already living in the UK to apply for UK immigration status through the EU Settlement Scheme. The links to these are in the 'Quick links' box on the right.

Providing evidence of right to work as an EEA national or family member already in the UK by the exit date.

  • Existing employees will not be required to inform us of the outcome of their application and will not be asked if they have applied. It is the responsibility of the individual to apply.
  • There will be no retrospective right to work checks undertaken on existing EEA employees.
  • EEA nationals who start work for a new employer can still show their passport or national identity card to provide evidence of right to work in the UK up until 31 December 2020.
  • Non-EEA citizens can still show their biometric residence document as evidence of right to work in the UK.
  • After this, there will be a new immigration system in place from January 2021 and details will follow in due course.

Information for EEA Nationals arriving in the UK after exit date

(due January 2020)

Please see the link to the Gov.uk webpage which contains the current information for EU nationals arriving in the UK after the exit date in the event of a no deal. This was last updated on 5 September 2019 but may be subject to further change.

https://www.gov.uk/government/publications/eu-immigration-after-free-movement-ends-if-theres-no-deal/immigration-from-30-march-2019-if-there-is-no-deal

If Britain leaves the EU without agreeing a deal, the government will seek to end free movement after the exit date or as soon as possible thereafter and has introduced an Immigration Bill to achieve this.

Current information is that for a time-limited period, EEA citizens and their family members, including Swiss citizens, will still be able to come to the UK for visits, work or study and they will be able to enter the UK as they do now.

However, to stay longer they will need to apply for permission and receive European Temporary Leave to Remain, which is valid for a further 3 years.

EU citizens wishing to stay for longer than 3 years will need to make a further application under the new skills-based future immigration system, which will begin from 2021.

This policy does not apply to anyone living in the UK before exit day as EU nationals living in the UK before exit day will be able to apply for the EU Settlement Scheme.

The policy paper also confirms that if there is no deal:

  • EU citizens arriving in the UK who wish to stay and apply for European Temporary Leave to Remain will be subject to identity, criminality and security checks before being granted permission to stay for three years
  • non-EU family members who wish to accompany an EU citizen under these arrangements will need to apply in advance for a family permit
  • EU citizens will be able to enter and leave the UK as they do now, using e-gates when travelling on a biometric passport
  • Leave to enter for EU citizens will be free of charge but applications for European Temporary Leave to Remain will be paid for. Fees will be set out at a later date
  • Irish citizens will not need to apply for European Temporary Leave to Remain and will continue to have the right to enter and live in the UK under the Common Travel Area.

    Providing evidence of right to work as an EEA national or family member coming to the UK after the exit date.

    • Current right to work in the UK checks conducted by an employer continue to apply until the end of 2020. New employees coming to the UK and starting work after the exit date who are EEA nationals can still show their passport or national identity card to prove their right to work in the UK up until 31 December 2020.
    • Non-EEA citizens can still show their biometric residence document as evidence of right to work in the UK.
    • After this, there will be a new immigration system in place from January 2021 and details will follow in due course.

    Questions?

    If you have any questions please email Warwick's HR Immigration team: HR.EUSettlement@warwick.ac.uk.