1 June 2019

The European Union Settlement Scheme (EUSS), introduced by the UK government to protect European Economic Area (EEA) and Swiss citizens’ rights following Brexit, is now fully operational.

EUSS measures if a UK-EU deal is struck

EEA/Swiss nationals and their family members who arrived in the UK on or before the ‘cut-off date’ (currently 31 December 2020) will have until 30 June 2021 to apply for immigration ‘status’ under the EUSS.

Settled Status: Intended for EEA/Swiss nationals who arrived before the cut-off date and have five years continuous, lawful residence in the UK. Those with ‘settled status’ may eventually qualify to apply for UK citizenship. Eligible family members may also qualify.  

Pre-Settled Status: Intended for EEA/Swiss nationals who arrived before the cut-off date, but do not yet have five years continuous, lawful residence in the UK. Eligible family members may also qualify. Individuals with ‘pre-settled’ status may remain in the UK until they accrue the time sufficient to have been resident for five years, at which point they may apply for ‘settled’ status.

Those EEA/Swiss nationals arriving after the cut-off date will be required to apply under the future skills-based immigration system that is set to take force in January 2021.

No-deal scenario

In the event that the UK leaves the EU without a deal, free movement would end and the cut-off date for EEA/Swiss nationals to be resident in the UK would be brought forward to the date of withdrawal (no later than 31 October 2019 but may be earlier). Additionally, the deadline for applying for status under the EUSS would be advanced to 31 December 2020.

During the period between withdrawal and the new skills-based immigration system in January 2021, the UK would enact transitional measures.  Under these temporary rules, EEA/Swiss nationals would be free to enter the UK to work, study, or visit for periods of up to three months.  Stays greater than three months and up to three years would require European temporary leave to remain, while individuals seeking to remain for more than three years would need to apply under the future skills-based immigration system.

Article featured in the June edition of London Business Matters.