The impact of Brexit on EU citizens

In 2017, the United Kingdom lost its seat on the International Court of Justice (for the first time in its history) – and even then, commentators noted the connection between the impending Brexit and the loss of international status.

What is the distinction between "Settled Status" and "Pre-Settled Status"?

  • Settled Status- This means that EU citizens and their family members who have lived in the UK continuously for at least 5 years should be granted "Settled Status." The 5-year residency in the UK does not have to be in the last 5 years, as people who have previously lived in the UK for 5 years will apply for settled status even though they no longer live in the UK.

  • Pre-settled status- Those that have been in the UK for less than 5 years will be required to apply for provisional "Pre-Settled Status." This will enable them to remain in the UK and apply for “Settled Status” after 5 years of continuous residency.

Applicants for “Settled” or “Pre-Settled Status” must also prove their nationality and identity, as well as submit to a criminal background check.

What will happen now that the Withdrawal Agreement is in effect?

Employers were free to hire European Nationals who entered the UK up until December 31, 2020, and were not allowed to discriminate against them. Any EU national residing in the UK before December 31, 2020, must apply under the EU Settlement Scheme for the right to stay. Their application must be submitted by June 30, 2021.

EEA and Swiss nationals may use their passports or national identification cards to confirm their right to work in the UK until June 30th, 2021. Employers cannot ask these people to prove their immigration status under the EU Settlement Scheme after December 31, 2020 (which may trigger an anomaly because the employer would not know whether a new worker has a legal right to work in the UK).

Employers must ask new EEA hires for proof of their immigration status after July 1, 2021, whether via the EU Settlement Scheme or the new immigration system. The government is expected to provide further guidelines closer to the deadline.

EEA nationals who have applied under the EU Settlement Scheme will not have a physical document to prove their status; instead, the Employer will need to verify their status online. Under the pre-existing Common Travel Area arrangements, Irish nationals are excluded from these arrangements.

The resident status of EU citizens who arrived in the UK before the end of the transition period is covered by the EU-UK Withdrawal Agreement, and such citizens can apply for new residence status under UK immigration law. To that end, the UK Government established the EU Settlement Scheme (the Scheme), which is based on the same EU-UK Withdrawal Agreement.

The immigration scheme in the United Kingdom is focused on points

From 1 January 2021, a new immigration scheme will apply to people arriving in the UK. EU people wishing to work in the UK must obtain a visa in advance.

To be eligible to apply for a skilled worker visa, EU citizens must demonstrate that they have a job offer from an authorised employer sponsor. To recruit most staff from outside the UK, employers must obtain a sponsor licence.

Your application must be submitted by June 30, 2021. If your application is denied before June 30, 2021, you can reapply as many times as you want to correct the problem or appeal the decision to an independent immigration judge. If your application is denied after June 30, 2021, you will be unable to reapply and will only be able to appeal the decision. If the application is approved, “close” family members who are not in the UK at the time will be eligible to join the EU citizen in the UK at some time in the future. For accounting and business advice, please contact Persona Finance [].