News

UK Leaves the EU

31/01/2020

After three and a half years of political wrangling, the day is upon us for the UK to leave the EU. 

Regardless of your political views the process is happening, and being prepared for any changes is critical. 

Whilst many things will not change until 30 June 2021, here at Smart we have been answering people’s queries regarding their future working in the UK. 

For anyone seeking advice or direction regarding the EU Settlement Scheme, we are here to help. You will also find plenty of useful information on the UK Government website www.gov.uk   

For confirmation on the facts regarding settlement in the UK once the UK leaves the EU, please below –we hope you find this useful, of course if you would like further information or advice on this topic we are here to help – call one of our team on 01935 310020.  

If you apply to the EU Settlement Scheme successfully, you’ll be able to continue living and working in the UK after 30 June 2021.

You’ll be given either:

settled status

pre-settled status

You will not be asked to choose which you’re applying for. Which status you get depends on how long you’ve been living in the UK when you apply. Your rights will be different depending on which status you get.

Settled status

You’ll usually get settled status if you’ve:

started living in the UK by 31 December 2020

lived in the UK for a continuous 5-year period (known as ‘continuous residence’)

Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period. The exceptions are:

one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting)

compulsory military service of any length

time you spent abroad as a Crown servant, or as the family member of a Crown servant

time you spent abroad in the armed forces, or as the family member of someone in the armed forces

You can stay in the UK as long as you like if you get settled status. You’ll also be able to apply for British citizenship if you’re eligible.

Pre-settled status

If you do not have 5 years’ continuous residence when you apply, you’ll usually get pre-settled status. You must have started living in the UK by 31 December 2020.

You can then apply to change this to settled status once you’ve got 5 years’ continuous residence. You must do this before your pre-settled status expires.

If you’ll reach 5 years’ continuous residence at some point by 31 December 2020, you can choose to wait to apply until you reach 5 years’ continuous residence. This means that if your application is successful, you’ll get settled status without having to apply for pre-settled status first.

You can stay in the UK for a further 5 years from the date you get pre-settled status.

Your rights with settled or pre-settled status

You’ll be able to:

work in the UK

use the NHS for free as you do now

enrol in education or continue studying

access public funds such as benefits and pensions, if you’re eligible for them

travel in and out of the UK

If you want to spend time outside the UK

If you have settled status, you can spend up to 5 years in a row outside the UK without losing your status.

If you’re a Swiss citizen, you and your family members can spend up to 4 years in a row outside the UK without losing your settled status.

If you have pre-settled status, you can spend up to 2 years in a row outside the UK without losing your status. You will need to maintain your continuous residence if you want to qualify for settled status.

If you have children after applying

If you get settled status, any children born in the UK while you’re living here will automatically be British citizens.

If you get pre-settled status, any children born in the UK will be automatically eligible for pre-settled status. They will only be a British citizen if they qualify for it through their other parent.

If you want to bring family members to the UK

Your close family members can join you in the UK before 31 December 2020 (or before 31 December 2025 for spouses and civil partners of Swiss citizens). They’ll need to apply to the EU Settlement Scheme once they’re here.

If you cannot bring your family member under the EU Settlement Scheme, they may still be able to come here in a different way, for example on a family visa.

Bring family members to the UK after 31 December 2020

If you’re a citizen of an EU country, Iceland, Liechtenstein, Norway or Switzerland, you’ll be able to bring close family members to the UK after 31 December 2020 if both of the following apply:

your relationship with them began before 31 December 2020

you are still in the relationship when they apply to join you

If you’re a Swiss citizen, you’ll also be able to bring your spouse or civil partner to the UK until 31 December 2025 if both of the following apply:

your relationship with them began before 31 December 2025

you are still in the relationship when they apply to join you