The government has announced revised immigration arrangements that will apply to EU citizens and their family members living in the UK before exit day, and to those arriving after exit day, in the event of a no-deal Brexit.
EU citizens currently resident in the UK and their family members are eligible to apply to the EU Settlement Scheme to obtain a UK immigration status which will enable them to stay in the UK. If there is a no-deal Brexit then they must apply for status under the Scheme by 31 December 2020.
EU citizens and their family members will be able to move to the UK and live, study and work as they do now. If they wish to stay beyond 2020, they will need to apply for a UK immigration status granting them permission to stay.
A possible option for EU citizens moving to the UK after Brexit will be the new, voluntary European Leave to Remain (Euro TLR) scheme. The application process is likely to be similar to the EU Settlement Scheme application process, involving online identity, security and criminality checks. Successful applicants to the Euro TLR scheme will be granted a period of 36 months' temporary leave to remain in the UK, running from the date the leave is granted.
As an alternative to Euro TLR, EU citizens moving to the UK after Brexit will need to apply for status under the UK's future immigration system which is expected to be introduced from January 2021.
Employers will not be required to distinguish between EU citizens who arrived in the UK before and after exit day until the future immigration system is introduced from 1 January 2021. Until then checks on an EU citizen's right to work will be undertaken as they are now.
The Home Secretary, Priti Patel MP, has commissioned the Migration Advisory Committee (MAC) to consider what best practice can be learned from international comparators to strengthen the UK's future immigration system. It has been asked to report back by January 2020.
