Deadline day – 30 June 2021
Subject to Parliament’s agreement, the Immigration and Social Security Co-ordination (EU Withdrawal) Bill will end free movement to the UK on 31 December 2020.
Thereafter, newly arriving EEA citizens and their family members who are not protected by any of the Agreements set out below will be subject to UK immigration control and their entry to and stay in the UK will be under the global points-based immigration system to be set out in the Immigration Rules made under the Immigration Act 1971
The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 will come into force at the end of the transition period on 31 December 2020 to give temporary protection to some EEA citizens already resident in the UK. It gives effect to aspects of the EU Withdrawal Agreement, the EEA EFTA Separation Agreement and the Swiss Citizens’ Rights Agreement concerning the residence rights of EEA citizens and their family members.
In particular, it specifies the deadline of 30 June 2021 for an application to the EU Settlement Scheme (“the Scheme”) for UK immigration status by EEA citizens and their family members who are resident in the UK by the end of the transition period. The Government established the EU Settlement Scheme, under Appendix EU to the Immigration Rules, under which EEA citizens and their family members can obtain the UK immigration status they need to continue living and working in the UK as they have been to date.
Those EEA citizens who are lawfully resident in the UK by virtue of free movement law immediately before the end of the transition period, and who do not yet have status under the Scheme and their relevant family members have until 30 June 2021 to apply for permission to continue to live and work in the UK. The application does not have to be granted by the deadline – all that is required is that a valid application is made by then.
The Regulations also guarantee ongoing access to benefits and services (subject to eligibility) for the period from 31 December 2020 to 30 June 2021 (referred to in the Regulations as “the grace period”), once, subject to agreement by Parliament, free movement to the UK is ended.
If you need advice on or have any questions about how this might apply to you, our Immigration Team would be happy to assist. Please contact us on 01603 610911 or email us for more information