22 June 2018

The Minister for Immigration, Caroline Nokes made a further announcement on the proposed EU Settlement Scheme. The new application system is expected to enter a testing stage this summer with a phased rollout to EU nationals and their family members from later this year. The scheme is expected to be ‘fully open’ from 30 March 2019.

The application process will involve three main steps:

• Proof of identity: it is envisaged that those applying online would be able to complete the ID verification stage via an app (without the need to send original documentation by post). Those who do not wish (or are unable) to use the app would be able to send their original ID document via post which will be verified and returned.
• Confirmation of ‘continuous residence’, or presence in the UK, as opposed to continuous exercise of Treaty rights, via automated checks with other government departments such as HMRC and in due course DWP. Where information cannot be verified automatically there will be an opportunity to upload relevant documentation such as bank statements, business accounts, etc.
• Declaration of criminal convictions – with only serious (or multiple) offences expected to affect the outcome of the application.

Fees
The application fee will be £65 for those aged 16 or over and £32.50 for children under 16. Children in care will not be required to pay the fee.

‘Settled status’ will be granted to those with 5 years continuous residence; would be granted ‘pre-settled’ status, provided they are resident in the UK before midnight on 31 December 2020. After five years of ‘continuous residence’, those with ‘pre-settled’ status may apply for settled status without a further fee.

EU nationals and their family members holding permanent residence documentation (or indefinite leave to remain in the UK) will be able to swap their document for settled status free of charge.

The new status document is expected to be issued in digital format and not as a physical document, which will inevitably mean changes to the right to work check requirements for employers (yet to be announced).

No immediate changes for EU nationals and their family members
Today’s announcement does not have any bearing on EU nationals’ and their family members right to reside in the UK on the basis of free movement rules until at least the end of the implementation period (31 December 2020). Those resident in the UK before the end of the implementation period will have until at least 30 June 2021 to apply for the new status.

Settled status scheme seminar at Laura Devine Law
Laura Devine Law (London) intends to host a client seminar on the proposed EU Settlement Scheme with further details to be announced in due course.
To register your interest to attend this event, please contact events@lauradevine.com.

For further information on the implications of Brexit for employers and EU nationals, and our Brexit services, contact your assigned lawyer or email EUenquiries@lauradevine.com.