Statement of changes to the Immigration Rules introducing new EU Settlement Scheme has been approved by the Parliament and comes into force on 28 August 2018 for the purposes of initial trial.
This Statement of Changes in Immigration Rules introduces a new Appendix EU to the Rules to provide for applications by resident EU citizens and their family members for leave to remain in the United Kingdom under the EU Settlement Scheme.
Following the Government’s Statement of Intent on the EU Settlement Scheme, released on 21 June 2018, the Procedure on Biometric Enrolment and the Immigration and Nationality (Fees) (Amendment) (EU Exit) Regulations 2018 were also laid before the Parliament.
EU Settlement Scheme under new Appendix EU
Appendix EU will provide a basis on which resident EU citizens and their family members, and the family members of certain British citizens, can apply for leave to remain in the UK under UK immigration law.
Where resident EU citizens and their family members are concerned, this is in line with the draft Withdrawal Agreement with the European Union published on 19 March 2018 and will not affect their existing rights derived from EU law.
The EU Settlement Scheme will provide the mechanism for resident EU citizens and their family members, and the family members of certain British citizens, to apply on a voluntary basis for the UK immigration status which they will require to remain in the UK beyond the end of the planned post-exit implementation period on 31 December 2020.
Effective Date & Trial
Appendix EU comes into force on 28 August 2018, for the purposes of an initial trial of the EU Settlement Scheme.
The trial will involve the participation on a voluntary basis of:
- persons on the payroll of the 12 NHS Trusts, and
- enrolled students and persons on the payroll of the three Universities (Liverpool Hope University,
Liverpool John Moores University, and The University of Liverpool).
The Immigration and Nationality (Fees) (Amendment) (EU Exit) Regulations 2018 also comes into force on 28 August 2018. The EU Settlement Scheme will be rolled out on a phased basis from late 2018.
The scheme will be fully open by 30 March 2019.
EU Settlement Scheme Provisions
- EU citizens and their family members who, by 31 December 2020, have been continuously resident in the UK for five years will be eligible for ‘settled status’ (indefinite leave to remain in the UK).
- EU citizens and their family members who arrive by 31 December 2020, but will not by then have been continuously resident in the UK for five years, will generally be eligible for ‘pre-settled status’ (five years’ limited leave to remain in the UK), enabling them to stay until they have reached the five-year threshold. They can then also apply for settled status.
- Close family members (a spouse, civil partner, durable partner, dependent child or grandchild, and dependent parent or grandparent) living overseas will be able to join an EU citizen resident here after 31 December 2020, where the relationship existed on that date and continues to exist when the person wishes to come to the UK. Provision for future children will be made, in line with the draft Agreement.
Family Members of British Citizens
It has been also decided, as a matter of domestic policy, that a family member of a British citizen who is lawfully resident in the UK by 31 December 2020 by virtue of regulation 9 of the EEA Regulations, will be eligible to apply for status under the EU Settlement Scheme contained in Appendix EU.
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