Brexit update - the position of EU, EEA and Swiss Nationals in the UK - University of Lincoln
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Brexit update – the position of EU, EEA and Swiss
Nationals in the UK
(**For ease this population will be referred to as EU nationals)
University of Lincoln
22 June 2021
Some key terms
EU nationals Transition Settled status EEA nationals
implementation period
Denmark, Estonia, Finland, This refers to the period This is a new legal status The EEA includes all EU
France, Germany, Greece, between 31 October 2019 and which replaces Permanent countries and also Iceland,
Hungary, Ireland, Italy, Latvia, 31 December 2020. Residence and will be Liechtenstein and Norway.
Lithuania, Luxembourg, Malta, available to all EU nationals
Netherlands, Poland, and their family members
Portugal, Romania, Slovakia, following 5 years residence in
Slovenia, Spain, Sweden and the UK.
the UK.
EFTA and Swiss nationals Permanent residence Pre-settled status EU Settlement Scheme
Refers to nationals of Iceland, This is acquired by EEA This is a new legal status If you are an EU, EEA or
Liechtenstein, Norway and nationals and their family which will be issued to all EU Swiss citizen, you and your
Switzerland as these members after living in the nationals resident in the UK family can apply to the EU
countries are governed by UK for 5 years. but have not been resident Settlement Scheme (EUSS) to
separate agreements. for 5 years. continue living in the UK after
30 June 2021. The EUSS is
also available to qualifying
family members.
PwC Immigration perspectiv e
2
Brexit: headlines
End of free movement: 31 December 2020.
New immigration system: 1 January 2021 including closer data sharing between HMRC
and Home Office records .
EU Settlement Scheme remains open until 30 June 2021. EU nationals who are already in the
UK are encouraged to apply for either pre-settled or settled status where eligible.
EU nationals arriving in the UK from 1 January 2021 onwards will need to have the appropriate
UK work and immigration authorisation to work (unless entering the UK for the purpose of
conducting business visitor activities).
EU nationals subject to the same visa requirements as all other non-UK nationals
UK nationals travelling to an EU member state will also be deemed third country nationals as of
1 January 2021
• Local registration and work authorisation requirements will apply to UK nationals commencing
residence in an EU member state post 01 January 2021
PwC Immigration perspectiv e 4
What does this mean for migrants coming to the UK after 1 January 2021 Work visas Business travel • EU and non-EU nationals will fall • Business/Tourist visits will carry on under a single global as usual for now immigration system • EU nationals can only travel with • Visa application will need to be made their passport BEFORE coming to the UK • Electronic Travel Authorisation (ETA) • New skilled worker visa for people for all visitors coming to the UK with job offer (similar to the US ESTA scheme). • No visas for essential workers. PwC Immigration perspectiv e 14
EU Settlement Scheme for
EU nationals
By 30 June 2021 all EU nationals and their family members who commenced residence in the
UK prior to 31 December 2020 will be required to hold either:
• Pre – settled status – available to individuals who have not completed 5 years residence in
the UK.
• Settled status – available to individuals who have completed
5 years residence.
Timeline
EU nationals who arrived by 31 December 2020:
• Able to register for pre-settled status.
• Register for settled status after five years.
• Joined by close family members after the UK’s exit where the relationship existed on the date
on which the transitional period ends i.e. 31 December 2020.
EU nationals with temporary or settled status will continue to have access to healthcare,
pensions and other benefits.
Irish nationals are not required to register and are deemed to have permanent residency in the
UK.
The deadline to apply is less than 3 weeks away: the implications of non registration will
impact access to healthcare, education, public funds etc
PwC Immigration perspectiv e
5How do I apply for
settled or pre-settled status?
Designed from scratch and to be a straightforward user friendly process, the application
process comprises of four stages;
• Download the App – you will need to download the App ‘EU Exit: ID Document Check
or the Home Office have set up locations offering ID document scanning for this
purpose around the UK.
• Verify your identity – your identity will be verified via your passport on the app.
• Enrol facial image to verify identity – via a selfie taken on your phone.
• Evidence of residence - using your NI number, the Home Office will link in with HMRC
systems to obtain evidence of individuals working in the UK rather than requiring
payslips, bank statements P60s etc. It will help establish whether you are eligible
for settled or pre-settled status. You will also need to declare any criminal convictions.
Once approved EU nationals will receive a digital document via email rather than
paper document.
PwC Immigration perspectiv e
6How do my dependents apply?
Family members living with or who Open to family members living Family can either apply in their
join EU citizens before the end of overseas on 31st December 2020 own right as EU residents or as
transitional period will be eligible to provided the relationship existed the ‘dependents’ of the EU national
register under the scheme. on that date (exemptions apply and by providing evidence of
individual circumstances need to their relationship.
be assessed) **
1 2 3
Non EU family members may Non EU family members will be
choose to wait until the EU national required to enrol their
has obtained settled status before biometric details as part of their
applying as it will then be easier to application and will be issued
prove eligibility. with a biometric residence card
(BRP) to evidence status and
facilitate travel.
4 5
** The EEA family permit is ending on 30 June 2021. They will not be valid after then, and dependants will not be able to apply. Dependants
may be able to apply for an EU Settlement Scheme family permit to come to the UK after 30 June 2021.
PwC Immigration perspectiv e
7UK and
Irish nationals
Irish nationals are They are treated as Irish nationals can apply
afforded a special status permanent residents to be British Citizens after
in the UK under the immediately residing in the UK for 5
Irish Act 1949. years.
Reciprocal arrangements
apply for UK nationals in
Ireland
Children born to Irish Irish nationals are not
Citizens in the UK are required to register under
immediately entitled the EU Settlement
to British Citizenship. Scheme. Non-Irish family
members of Irish
nationals should register
by 30 June 2021
PwC Immigration perspectiv e
PwC PM Group – Brexit Training 81 2
Who is a frontier worker? A frontier worker is an How do I apply? You can apply for a frontier
.
EU citizen who is employed or self-employed in worker permit on online via the Home Office
the UK but resident elsewhere. If you are a frontier
worker and you were working in the UK on or website. Applications are free of charge and
before 31 December 2020 you can still enter the supporting documents will be required. Processing
UK for work. However, you must hold a frontier times are not indicated but can be anything
worker permit to enter the UK for work from between a few weeks to months.
1 July 2021 onwards.
3 4
I am an Irish national: do I need to apply? If you Eligibility criteria: You can apply for a frontier
are an Irish citizen your rights are protected under worker permit if you’re from the EU and you:
the Common Travel Area and you do not need to
apply for a frontier worker permit, but you can if you • live outside the UK
want to. • started working in the UK on or before 31
December 2020 and continue to work here
If you have periods of unemployment in the UK, or
you are unemployed when you apply for a permit,
5 this may affect your eligibility.
Your frontier worker permit will last for 5 years .
Approval: If your application is successful and you
verified your identity using the UK Immigration: ID
check app, you’ll be issued with a digital frontier worker
permit. If you did not verify your identity through the
app, you will either: • be sent a physical version of the
permit if you applied inside the UK • be sent an email
explaining how you can come to the UK and collect
your permit if you applied outside the UK.
PwC Immigration perspectiv e 2pwc.com This publication has been prepared for general guidance on matters of interest only, and does not constitute professional advice. You should not act upon the information contained in this publication without obtaining specific professional advice. No representation or warranty (express or implied) is given as to the accuracy or completeness of the information contained in this publication, and, to the extent permitted by law, PricewaterhouseCoopers LLP, its members, employees and agents do not accept or assume any liability, responsibility or duty of care for any consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it. © 2021 PricewaterhouseCoopers LLP. All rights reserved. ‘PwC’ refers to the UK member firm, and may sometimes refer to the PwC network. Each member firm is a separate legal entity. Please see www.pwc.com/structure for further details. RITM5370277
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