Brexit, the United Kingdom’s departure from the European Union, has brought significant changes to the rights of EU citizens residing in or visiting the UK. Understanding these changes is crucial for EU nationals who wish to stay in the UK, either temporarily or permanently. This article provides a detailed overview of the new rules, outlining how long EU citizens can stay in the UK after Brexit, their rights, and the necessary steps to ensure compliance with UK immigration laws.
Introduction to Post-Brexit Immigration Rules for EU Citizens
Brexit has fundamentally altered the relationship between the UK and the EU, leading to changes in how EU citizens can live, work, and stay in the UK. Before Brexit, EU nationals had the right to move freely and reside in any EU member state, including the UK, under the freedom of movement principle. However, with Brexit, this automatic right no longer applies, and new rules have been implemented to govern the stay of EU citizens in the UK.
The EU Settlement Scheme (EUSS)
What is the EU Settlement Scheme?
The UK government introduced the EU Settlement Scheme (EUSS) to protect the rights of EU citizens and their family members who were living in the UK before the end of the Brexit transition period, which concluded on 31 December 2020. The EUSS allows EU citizens to continue living in the UK after Brexit with either settled or pre-settled status.
Settled Status
EU citizens who have lived in the UK for a continuous period of five years or more by 31 December 2020 are eligible for settled status. This status grants them the right to stay in the UK indefinitely, with access to public services, healthcare, and benefits. Settled status is similar to permanent residence, and individuals with this status can stay in the UK as long as they wish.
Pre-Settled Status
EU citizens who were living in the UK by 31 December 2020 but had not yet completed five years of continuous residence can apply for pre-settled status. This status allows them to stay in the UK for a further five years from the date they receive the status. During this time, they can complete the five-year residence requirement to qualify for settled status.
Application Deadline for the EUSS
The deadline to apply for the EU Settlement Scheme was 30 June 2021. However, the UK government has stated that late applications may be accepted under certain circumstances, such as if the individual has reasonable grounds for missing the deadline.
Rights of EU Citizens with Settled and Pre-Settled Status
Settled Status Rights
EU citizens with settled status have the right to:
- Live and work in the UKwithout any restrictions.
- Access public services, including the National Health Service (NHS) and public funds such as benefits and pensions.
- Bring family membersto the UK, including spouses, civil partners, and dependent children, provided they meet the relevant immigration requirements.
- Apply for British citizenshipafter holding settled status for 12 months, provided they meet other eligibility criteria.
Pre-Settled Status Rights
EU citizens with pre-settled status have similar rights to those with settled status, but with some limitations:
- Live and work in the UKfor up to five years.
- Access public servicesand the NHS, but may have more limited access to public funds and benefits compared to those with settled status.
- Bring family membersto the UK, under the same conditions as those with settled status.
- Apply for settled statusafter completing five years of continuous residence in the UK.
It is important for EU citizens with pre-settled status to apply for settled status before their pre-settled status expires to avoid losing their right to remain in the UK.
Temporary Stays in the UK for EU Citizens
Visa Requirements for Short Visits
For EU citizens who do not have settled or pre-settled status and wish to visit the UK temporarily, such as for tourism, business, or family visits, a visa is generally not required for short stays of up to six months. This visa-free arrangement applies to most EU countries and allows EU citizens to:
- Enter the UKwithout a visa for short visits of up to six months.
- Engage in certain activitiesduring their stay, such as tourism, attending business meetings, or visiting family and friends.
However, EU citizens cannot work or access public funds during these short visits. It is also essential to ensure compliance with the six-month limit, as overstaying can lead to legal consequences and future difficulties in entering the UK.
Extended Stays and Work Permits
If an EU citizen wishes to stay in the UK for longer than six months or to work, study, or join family members, they will need to apply for the appropriate visa or permit under the UK’s points-based immigration system. The available visas include:
- Skilled Worker Visa: For EU citizens with a job offer from a UK employer that meets specific skill and salary thresholds.
- Student Visa: For EU citizens accepted into a UK educational institution.
- Family Visa: For EU citizens wishing to join close family members who are already settled in the UK.
These visas require applicants to meet specific criteria, including financial requirements, English language proficiency, and, in some cases, sponsorship by a UK resident or employer.
Cross-Border Workers and Frontier Workers
Who are Cross-Border Workers?
Cross-border workers, also known as frontier workers, are individuals who work in one country but live in another. For EU citizens who were already working in the UK but living in another EU country before 31 December 2020, the UK has introduced the Frontier Worker Permit.
Frontier Worker Permit
The Frontier Worker Permit allows eligible EU citizens to continue working in the UK while living in another country. To qualify for this permit, an EU citizen must have been working in the UK before 31 December 2020 and must continue to reside primarily in another EU country.
This permit allows cross-border workers to:
- Enter and work in the UKwithout needing a visa.
- Engage in both employed and self-employed workin the UK.
- Access certain benefits and servicesin the UK, depending on their circumstances.
The permit must be renewed periodically, and it is essential for cross-border workers to apply for it to maintain their right to work in the UK.
Family Members of EU Citizens
Family Members Residing in the UK Before Brexit
Family members of EU citizens who were living in the UK before 31 December 2020 are also eligible to apply for settled or pre-settled status under the EU Settlement Scheme. This includes spouses, civil partners, dependent children, and other close relatives.
Family Members Joining After Brexit
EU citizens with settled or pre-settled status can bring family members to the UK after Brexit, but the process is more complex and subject to UK immigration rules. Family members must apply for a Family Visa before coming to the UK and meet specific eligibility criteria, including financial requirements.
Moving to the UK After Brexit
Visa Requirements for New Arrivals
For EU citizens who wish to move to the UK after 1 January 2021 and do not have settled or pre-settled status, the UK’s new points-based immigration system applies. This system assesses applicants based on criteria such as skills, qualifications, English language proficiency, and salary.
Points-Based Immigration System
The points-based system categorizes visas into different tiers, each with its requirements:
- Skilled Worker Visa: For those with a job offer in the UK that meets the required skill and salary thresholds.
- Global Talent Visa: For highly skilled individuals in fields such as science, engineering, digital technology, and arts.
- Student Visa: For individuals accepted into a UK educational institution.
- Innovator and Start-Up Visas: For entrepreneurs looking to establish or run a business in the UK.
To qualify for these visas, applicants must accumulate enough points based on their qualifications, job offer, English language skills, and other factors.
see also: How to Get Citizenship in Britain?
Travel Between the UK and the EU
Passport and ID Requirements
Since Brexit, EU citizens entering the UK must present a valid passport rather than an EU national identity card. However, until 31 December 2025, EU citizens with settled or pre-settled status can continue to use their national ID cards to enter the UK.
Healthcare and EHIC Cards
EU citizens visiting the UK can still use their European Health Insurance Card (EHIC) to access necessary medical treatment during short stays. However, the UK and EU have separate arrangements for healthcare, and it is advisable for EU visitors to have comprehensive travel insurance.
Conclusion
Brexit has brought significant changes to the rights of EU citizens in the UK. While the EU Settlement Scheme offers protection for those who were residing in the UK before the transition period ended, new rules now apply to those who wish to move to or stay in the UK after Brexit. EU citizens must understand these changes to ensure they comply with UK immigration laws, whether they are planning a short visit or a permanent move. By staying informed and taking the necessary steps, EU citizens can navigate the post-Brexit immigration landscape and continue to enjoy life in the UK.
