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Applying for settled status

The EU Settlement Scheme is a Home Office initiative designed to provide EU citizens and their families currently living and working in the UK with a route to remain in the country after Brexit. The deadline for applying is 31 December 2020 if the United Kingdom leaves the EU with no deal and 30 June 2021 if there is a deal.

Two million people have asked to stay in the UK after ‘Brexit’ under the Government’s EU settlement scheme, latest figures show, with a spike in applications, which saw half a million people apply for settled status last month alone. EU citizens who can prove they have lived in the UK for five years will be granted settled status and others will be granted pre-settled status.

The basic terms are:

  1. EU citizens and any of their non-EU family members who arrived before 31 October 2019, and have been continuously resident in the UK for five years by the time of their application, will be eligible for settled status enabling them to stay indefinitely.
  2. EU citizens and their family members who arrive by 31 October 2019, but will not yet have been continuously resident here for five years by the time of their application, will be eligible for “pre-settled status”. This allows them to stay until they have reached the five-year threshold. They can then also apply for settled status.
  3. EU citizens and their family members with settled status or pre-settled status will have the same access as they currently do to healthcare, pensions and other benefits in the UK.
  4. Close family members (a spouse, civil partner, durable partner, dependent child or grandchild, and dependent parent or grandparent) living overseas will still be able to join an EU citizen resident here until 29 March 2022. This is so long as the relationship existed on the date of Brexit. Future children are also protected.

The home secretary, Priti Patel, said:

“EU citizens have made a huge contribution to this country and will play a key role in cementing Britain’s status as an outward-looking, global leader after Brexit.

That is why I am thrilled that we have had 2 million applications to the EU settlement scheme so that EU citizens can secure their immigration status under UK law.”

Many employers have been supporting their EU staff with paperwork and actively encouraging them to apply as it is apparent that EU citizens looking for work in the UK is already slowing as ‘Brexit’ approaches. While you are not legally obliged to communicate the EU Settlement Scheme to your workforce and are not expected to support your EU citizen employees with the application, taking a proactive approach to the scheme will help to provide a more positive and open working environment and to avoid potential issues such as EU staff attrition.

For UK employers, the key considerations of the EU settlement scheme are as follows:

  • There will be no change to the rights and status of EU citizens living in the UK until 30 June 2021.
  • Current right to work document checks continue to apply.
  • You are under a duty not to discriminate against EU citizens in light of the UK’s decision to leave the EU, both as a prospective and current employer.

There is no charge for making an application. Those who already hold a valid permanent residence document will be able to transfer to settled status free of charge.

The Government has emphasised the scheme’s application process is intended to be streamlined and user-friendly.

Security minister and deputy for EU exit and no deal preparation Brandon Lewis meanwhile said:

“There is plenty of support and information on offer to help people apply and get the status they need.

“That includes a helpline that is open seven days a week, a toolkit for employers and an army of voluntary organisations up and down the country to support hard-to-reach EU citizens.”

This is a disconcerting time for EU workers, so we encourage businesses to support them during this phase and familiarise themselves with the obligations upon their teams.