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EU Nationals - Current rights

The EU Settlement Scheme

The UK will leave the European Union in March 2019. 

Find out what your current rights are, and when and how you can apply for permanent residency

What are my current rights?

The United Kingdom will leave the European Union at 23:59 on the 29th March 2019. 

Until that point, citizens of the EU* and EEA** currently have the right to reside in the United Kingdom for three months after their arrival if they fall into the following categories:

  • Worker
  • Job seeker
  • Economically Self-Sufficient (with comprehensive sickness insurance)
  • Student (with comprehensive sickness insurance)

Until the UK leaves the EU, the UK remains a full member of the EU. EU and EEA nationals retain their legal status with a right to reside in the UK.


*EU     

Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK

**EEA  Iceland, Liechtenstein and Norway

 

When and how can I apply for a Permanent Residence Card?

You can apply for a Permanent Residence Card if you can show that you have lived in the UK for five years continuously in any one, or a combination of any of the four categories shown above.

You will not be able to apply for this residence after the UK leaves the EU on the 29th March 2019.  You must obtain a Permanent Residence card before you can ask for British Citizenship.

After the 29th March 2019, you will need to obtain Settled Status. If you apply for Settled Status after the 29th March 2019 and decide that you would like to apply for British Citizenship at that point, you will have to wait a further 12 months to do so.

 

What will happen after 29th March 2019?

 

EU and Non-EU Family members who hold the previous Permanent Residence Card

If you already have a Permanent Residence card as mentioned above after the 29th March 2019, you must convert this to Settled Status.  Your card will not be valid after the 31st December 2020. You will not have to pay the £65.00 settled status fee.

Some individuals can apply for this settled status now under the Government’s Settled Status pilot scheme. To see if you can qualify, please go to the official Government website here

You should not apply for Settled Status under the pilot scheme if you do not meet the eligibility criteria.

EU nationals and their family members who will not have Permanent Residence after 29th March 2019

For people who have not obtained a Permanent Residence Card by the 29th March 2019, must apply for Settled Status under the EU Settlement Scheme. They will have to pay the £65.00 fee for adults, and £32.00 for children.

Please note, the following people will not have to apply for Settled Status after the 29th March 2019:

  • Citizens of the Republic of Ireland
  • EU nationals with an Indefinite Leave to Remain document
  • Individuals with a Returning Resident Visa

Having Comprehensive Sickness Insurance will no longer be a requirement.

Settled Status: EU nationals and Non-EU family members will have until the 30th June 2021 to apply for Settled Status if they have resided in the UK for a Continuous period of 5 years. 

Pre- Settled Status: EU nationals and their Non-EU family members who have resided in the UK after 29th March 2019, but cannot yet apply for Settled Status will have to apply for Pre-Settled status.

See Applying for settled status on the Gov.uk website.


Further Advice

Please get in contact with the RCN’s Immigration Advice Service if you are concerned about your situation, particularly if you think it may be difficult to obtain documents such as proof of work.

If you are a non-EU family member and you are having difficulty proving your status because of domestic violence or for some other reason, you should contact the Immigration Advice Service as soon as possible.