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December 2018 EU Nationals and Brexit: Settled Status Pilot

EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

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Page 1: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

December 2018

EU Nationals and Brexit:

Settled Status Pilot

Page 2: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

The EU advice service can help you with:

• Understanding your options as the UK prepares to leave the EU

• Providing information regarding Settled Status

• Finding answers about residence and British Citizenship

• Understanding your entitlement to live, work and receive services and benefits as an EU national

We will provide translators if needed

EU Advice Service at Citizens Advice Wandsworth

Page 3: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

Citizens Advice Wandsworth website: www.cawandsworth.org Search for EU Advice Service

• Visit FAQ section

• Fill in online contact form Or call our Adviceline: 0300 330 1169 (Mon-Fri 10am – 4pm)

How to contact us

Page 4: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

CAW plans to hold outreach information sessions for community groups in Wandsworth. We welcome your suggestions to arrange on-site presentations. We are looking for volunteers to help us with:

• Translations • Promotion to EU communities • Admin Tasks • Working with clients on Adviceline (additional

training provided)

CAW community engagement

Page 5: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

What we cover here • Background

• Settled status scheme

• Pilot scheme

• How to apply for settled status

• Permanent residence

• Family members

• British citizenship

• Further information and Questions

Page 6: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

UK voted to leave EU on 23rd June, 2016

What does this mean?

• Brexit Day: The UK plans to leave the EU on 29th March 2019

• Transition period: 30th March 2019 until 31st December 2020 – no change to rights

• Deadline to register for settled status or pre settled status is 30th June 2021.

Page 7: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

What is on offer? Starting now applications will become available under the EU

settlement scheme:

• Phased introduction, with pilot scheme open now

• Settled status

– Guarantees your rights as now

– Equivalent to permanent residence and indefinite leave to remain

– Will replace permanent residence status

• Pre-settled status

– Pathway to settled status

Page 8: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

Who will apply for settled status?

All EU Nationals will be required to apply for either settled status or pre-settled status by 30 June 2021 (unless you have ILR). • Settled status will be achieved by having 5 years’

continuous residence in the UK (less in some circumstances)

• It doesn’t matter what you have been doing during your time in the UK

• Within the five years you can have absences as long as they are no more than six months a year with exceptions, eg childbirth

Page 9: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

What is needed to apply for settled status

All applications for settled status will need:

• Proof of identity (currently passport or identity card)

• Proof of residence in the UK for five years

• Declaration of criminal convictions

£65 per adult and £32.50 per child under 16

Current pilot project also requires

• Android phone or tablet

• Biometric passport of identity card

Page 10: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

Settled status: who can apply now? From Thursday 29th November 2018 Pilot Project You must be either: • a resident EU citizen with a valid biometric passport

• the non-EU citizen family member of an EU citizen and you have a biometric residence card

You must also either be:

• working in the higher education, health or social care sectors

• a child under the age of 18 being looked after and receiving support from one of certain community organisations

This pilot ends on 22nd December 2018

Page 11: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

Applying on Android device • Download the app from the Playstore or equivalent:

EU Exit: ID Document Check

Page 12: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

Introduction to the app

Page 13: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

What you get with settled status

Page 14: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

What evidence will be needed to show UK residence?

• The Home Office say that they will help you prove continuous residence, including using HMRC records

• They will check your tax and NI records automatically

• If your Tax and NI records are not complete you can use other evidence of your residence, eg bank statements

Page 15: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

If you have less than 5 years’ residence

You are not eligible for settled status if you have lived in the UK less than five years

– You should still apply for status via the app

– You will receive “Pre-settled status” which will automatically be eligible to transfer to settled status once you have lived in the UK for 5 years

Page 16: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

What is the difference between settled status and pre-settled status?

The main differences are:

• You could keep settled status with up to five years outside the UK

• You keep pre-settled status with up to two years outside the UK

• Children born to people with settled status are British citizens

• Children born to people with pre-settled status are eligible for pre-settled status

Page 17: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

Current UK offer to EU citizens

Arrangements for citizens of Norway, Iceland, Liechtenstein and Switzerland have not been confirmed but are likely to be very similar

Page 18: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

Do I need to act now, or later?

No one who is in the UK as an EU national needs to take action now

You can apply for the pilot scheme now if you are eligible

• If you do not apply before 22nd December, the Settled status scheme should be completely open by the end of March for everyone

• If you are not eligible for the pilot you can apply for Permanent Residence

Page 19: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

Family members who are not EU nationals

Non-EU family members will be able to:

• Apply for settled status if they meet the conditions OR

• Apply for pre-settled status if they are the family member of a legal resident or a person with settled status/permanent residence, & they start living here before 31st December 2020

• Close family members can join EU citizens later, if the relationship existed on 31st December 2020

Page 20: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

Transition period & deadlines • The transition period from 30th March 2019 until

31st December 2020 is subject to the Withdrawal Agreement being accepted

• During this time EU nationals can continue to come to the UK

• All EU nationals have until 30th June 2021 to apply for pre-settled or settled status (after this date if you’re joining a family member with settled status)

• During the period up to 30th June 2021 your rights will be protected. As long as you apply by the deadline, you can stay until a decision is made

Page 21: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

Becoming a British citizen Why? - The right to vote in general elections - You do not lose citizenship even if you are

away for many years - British passport - Children born abroad will be British citizens

Why not? • Some countries do not allow dual citizenship It is difficult: • Life in the UK test • English language test • Showing good character • Expense: currently £1,300 to apply

Page 22: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

How to become a British citizen

After one year’s residence in UK with either

• Settled status

• Permanent residence

• Indefinite Leave to remain

You can apply for British citizenship by naturalisation Check whether your home country allows dual citizenship

Page 23: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

Finding out more • More information on your rights now and in the future can be

found at:

www.eucitizensrightscampaign.gov.uk or www.gov.uk/settled-status-eu-citizens-families

A summary of information on who can apply during the pilot phases

• www.gov.uk/government/collections/eu-settlement-scheme-pilot-applicant-information

Sign up for Citizens Advice updates:

http://eepurl.com/doiiyD

Browse our Frequently Asked Questions

https://cawandsworth.org/advice-eu-citizens-wandsworth/

Page 24: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

Getting help To ask questions about the pilot scheme, eg whether you’re entitled

• https://eu-settled-status-enquiries.service.gov.uk/start

The Department for Exiting the European Union has its own pages on gov.uk if you want to follow the negotiations

You can sign up for government email updates

https://www.gov.uk/government/policies/brexit/email-signup

Use the Citizens Advice Wandsworth online form:

https://cawandsworth.org/advice-eu-citizens-wandsworth/advice-eu-citizens-contact-form/

Page 25: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

Office of the Immigration Services Commissioner (OISC)

Citizens Advice advisers can advise at OISC Level 1. Most advice for EEA nationals & their family members is covered, but not:

• non-EEA nationals who are former family members of EEA nationals

• Derivative right of residence applications (these depend on someone else’s rights, eg a child)

• Any situation involving deportation

Page 26: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

Questions?

Page 27: EU Nationals and Brexit: Settled Status Pilot · (unless you have ILR). • Settled status will be achieved by having 5 years’ continuous residence in the UK (less in some circumstances)

www.cawandsworth.org

Citizens Advice is an operating name of The National Association of Citizens Advice Bureaux. Registered charity

number 279057.

Free, confidential advice. Whoever you are.

Citizens Advice Wandsworth Battersea Library 265 Lavender Hill LONDON SW11 1JB www.cawandsworth.org/advice-eu-citizens-wandsworth [email protected]

The information contained in this presentation is accurate as of 7th December 2018. If you are looking at the presentation after this date, please seek current advice.