On January 28, the Home Office published a policy proposal outlining the rights of EU nationals in the eventuality of a no-deal Brexit. This is subject to parliamentary approval.
The proposal sets out temporary, transitional arrangements that will apply from March 30, 2019 until December 31, 2020, after which a new immigration system will apply.
- EEA citizens will be able to enter the U.K. as they do now (visitors).
- Following the end of free movement and before the U.K.’s new skills-based immigration system begins in 2021, EEA citizens will need to apply for European Temporary Leave to Remain for stays longer than three months.
- EEA citizens granted European Temporary Leave to Remain will be able to stay in the U.K. for 36 months from the date of their application. European Temporary Leave to Remain will be a temporary, non-extendable immigration status. It will not give Indefinite Leave to Remain (ILR), lead to status under the EU Settlement Scheme or make EEA citizens eligible to stay in the U.K. indefinitely.
- EEA citizens arriving before the U.K. leaves the EU will still be able to apply for the EU Settlement Scheme. EEA citizens and their families will be able to remain in the U.K. indefinitely if they are granted settled status under the scheme.
- EEA citizens previously living in the U.K. but arriving after March 29 can also apply for the EU Settlement Scheme.
- European Temporary Leave to Remain will allow EEA citizens arriving after March 29 to live, work and study in the U.K.
- Irish citizens will continue to have the right to enter and live in the U.K. under domestic Common Travel Area arrangements.
- If EEA citizens want to stay in the U.K. for more than 36 months, they will need to apply for immigration status under the new immigration system. This will come into effect in January 2021. Those who do not qualify will leave the U.K. when their European Temporary Leave to Remain expires.
- Non-EEA citizen’s family members living in the U.K. will need to apply for a family permit before accompanying or joining them in the U.K.
The U.K. Government will adopt the proposals set out in the policy paper in order to draft laws. Parliament will have to accept these laws before they can take effect.
This summary was prepared using information obtained from Gov U.K.
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Michele Giordani, Regional Immigration Manager, EMEA.
The U.S. State Department has announced that H and L visa interviews will no longer be conducted at the U.S. Consulate General in Chengdu and Shenyang. From March 1, 2019, the U.S. Embassy in Beijing and the Consulates General in Guangzhou and Shanghai will be conducting the interviews.
Applicants will likely experience longer waiting times for the visa interviews. Applicants will also need to allow for more travel time to the new locations.
Disclaimer: The above information is provided for general information purposes only and should not be construed as legal advice. If you have any further inquiries regarding the applicability of this information, please contact Debbie Beynon, Regional Immigration Manager, APAC or Roberta Carnaccini, Global Operations Director, Immigration.
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