EU rights to residency during Brexit transition | Hudson McKenzie

EU rights to residency during Brexit transition

March 22, 2018 | Immigration, Latest Thinking, News

In what is being viewed by many as an embarrassing climb-down by the Prime Minister Teresa May, the government have issued a policy statement confirming that EU citizens arriving in the UK after 29th March 2019 to work or study will have no new constraints imposed on them.

EU citizens and their family members will therefore be able to move to the UK during the Brexit transition period on the same basis as they currently do. The concession, detailed in a Brexit policy paper by the Home Office, also makes clear that EU migrants who arrive after March 2019 will be given a five-year temporary residence permit, not the two-year permit previously proposed.

Under the new policy, EU citizens and their families arriving during the implementation period will be eligible to register and apply for permanent residency after five years’ continuous and lawful residence.

The three-page policy statement makes clear that EU migrants arriving during the transition period will be given the chance to build up the five years’ continuous residency that is needed to apply to be given the right to stay permanently in Britain. It says those EU citizens and their family members who arrive during the transition period and who register will be offered “a temporary status in UK law that will enable them to stay after the implementation period has concluded – this means that they will be able to remain lawfully in the UK working, studying or being self-sufficient for the five years needed to obtain settlement”.

The policy document also states the concessions have been made because “it is important to provide certainty to business and those EU citizens who wish to move to the UK during the implementation period as to the terms under which they will be able to remain in the UK and make a life here once the period is over”.

It remains to be seen if such a concession will be sufficient to satisfy the EU Member States.

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Author: Prab Dhanhoa