Latest Statement of Changes – No-Deal Brexit - | Hudson McKenzie

Latest Statement of Changes – No-Deal Brexit

October 25, 2019 | Immigration, Latest Thinking, News

The UK Government has this week released the latest Statement of Changes outlining the terms of a No-Deal Brexit. We outlined these in our article dated 9 September. Click here to read the article.

We have outlined the details as part of the most recent statement of changes following on from our previous article.

Should the UK leave the European Union without a deal on 31 October 2019, the changes will:

  • Apply UK conduct and criminality thresholds to both the pre-exit and post-exit conduct of European Economic Area (EEA) citizens and their family members moving to the UK after Brexit, to increase security and better protect the public. Those thresholds will also apply to the post-exit conduct of EEA citizens living here before Brexit, and their family members, and to the pre-exit as well as postexit conduct of EU citizens living here before Brexit, and their family members, where their conduct after exit results in a sentence of imprisonment;
  • Provide access to the EU Settlement Scheme for certain categories of family members joining an EEA citizen resident here before Brexit, with applications by such family members able to rely on residence in the UK which began after Brexit, and to reflect the deadline by when applications by such family members will need to be made; and
  • Establish the European Temporary Leave to Remain Scheme, for EEA citizens, and their close family members, moving to the UK after a ‘no deal’ Brexit and before the start of the new points-based immigration system from January 2021, to enable them to obtain a UK immigration status so that they can continue living and working here for a temporary period after 2020.

Such changes would usually become effective after 21 days from the date the measure is laid before parliament, however, these changes would become effective immediately.

The EU Settlement Scheme (EUSS)

The EU Settlement Scheme will also be the basis on which EEA citizens, resident in the UK by exit and their family members, will be able to obtain UK immigration status in order to remain here in the event of the UK leaving the EU on 31 October 2019 without a deal.

The deadline in a ‘no deal’ scenario for applications by existing family members overseas at Brexit, who wish to rely on pre-exit residence in the UK and Islands in applying for status under the EUSS, will be 31 December 2020 (which will also be the deadline, in that scenario, for applications by those in the UK at Brexit), with scope in any case for a late application by a person with reasonable grounds for missing the deadline. Otherwise, they may be able to return to the UK by 29 March 2022 and apply then, based on post-exit residence, for status under the scheme.

European Temporary Leave to Remain Scheme

The European Temporary Leave to Remain Scheme for EEA citizens, and their close family members, moving to the UK after a ‘no deal’ Brexit on 31 October 2019 and before the start of the new points-based immigration system from January 2021, formed part of the immigration arrangements for EEA citizens in a ‘no deal’ scenario that were announced by the Government on 4 September 2019.

For further details please get in touch with our UK immigration lawyers at londoninfo@hudsonmckenzie.com or via telephone on +44(0) 20 3318 5794.

Author: Amisha Jethwa

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