Currently, the Brexit date is set for 31st January 2020. Brexit is when the UK leaves the EU with or without a deal. If a deal happens it has to pass through Parliament but if no deal is passed the default position in that situation is that the UK would leave the EU without a deal. With the recent victory of Boris Johnson, it is quite likely that a deal will be passed. However, whether a deal is passed or not passed what happens to an EEA national living in the UK and what happens to their family members is a question.
Settlement scheme for EEA nationals
As of now EU and EEA nationals living in the UK until 30 June 2021 or 31 December 2020 in case the UK leaves the EU without a deal.
There are already new laws drafted pertaining to the right to be granted to the EU national under Appendix EU of the Immigration Rules. Now it only stands a matter when we lose the EEA Regulations and adopt functioning under the new law.
Settled Status & Pre-settled status
Settled status means you have permanent residence or indefinite leave to remain in the UK. With settled status, you become an ordinary resident in the UK. There will be no immigration restriction on the length of time you stay in the UK. Those EEA nationals who have been in the UK for 5 years or more can apply for settled status.
Pre-settled status is for those EEA nationals who come to the UK by 31st December 2020 and have not completed 5 years of continuous residence in the UK. They can apply for pre-settled status that will enable them to stay in the UK until they complete 5 years here, after which they will be eligible to apply for settled status.
Now, the question is what about non-EEA family members who wish to come to the UK to join their family member who is an EEA national? Will they still be able to apply for an EEA family permit? The answer is yes. EEA family permit would still be applicable allowing applicants to come to the UK provided they meet the following conditions.
- They are from outside the EEA or Switzerland.
- They are a family member of an EEA (excluding UK nationals) or Swiss national.
- They apply from outside the UK.
Each family member of those from EU, EEA or Switzerland should apply under the Appedix EU for pre-settled, settled of or the EEA Family Permit status from outside the UK.
EU nationals are all expected to hold a settled or pre-settled status before their partner can apply for right to come to the UK.
EU Settlement Scheme Family Permit
If you are the close family member of an EEA national who has ‘settled’ or ‘pre-settled’ status in the UK, you can apply for the EU Settlement Scheme Family permit. Close family member, her means you should be spouse, civil partner, dependent child or dependent parent of an EEA national.
EEA Family Permit
If you are a close or extended family member of an EEA national, you can apply for an EEA family permit. Extended family member means you are a brother, sister, aunt, uncle, cousin, nephew or niece.
You also need to submit the required documents in order to apply for the EEA family permit successfully.
Should you wish to apply using our professional advice please complete the contact us form.