Brexit and The EU Settlement Scheme – What We Know.

11th April 2019 – Brexit Update! 

The EU and UK have agreed a further delay to Brexit until 31 October 2019. The UK could leave earlier if a withdrawal agreement has been ratified by MPs.

The UK must now take part in European elections on 23 May – if it did not the UK would have to leave the EU on 1 June 2019 without a deal.

The UK now has just over six months to decide what it wants to do.

You can take a look at the BBC News website for further information about this new update. 

2019-04-11 

10:33:48

 



 

Brexit…. oh dear, what can you say about Brexit?!

(as of 9th April 2019)

Many of us feel like we don’t know what is happening, or that it is a huge chaotic nightmare with no end in sight! Just how do we delve into the abyss that is Brexit, try and understand it, and also help our affected students understand it?! 

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Well, let’s start simple. 

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Take a breath, let’s look at this calmly. 

First of all, it needs to be said that things surrounding Brexit are still constantly changing, so the main advice we can give you is to keep checking a reliable website such as UKCISA or Gov.UK for updates (after all, it could be that by the time you read to the bottom of our information, the rules could have changed again!)

Next, you need to know that as an EU / EEA / Swiss / Icelandic / Norwegian / Lichtenstein citizen, if you are planning to be in the UK following it leaving the EU (either 12th April 2019 – no deal, or 22nd May 2019 – with a deal, as it stands at this moment), you will want to know what you need to do to protect your UK residence status. 

 


 

The EU Settlement Scheme 

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The government has introduced the EU Settlement Scheme, which has been open for applications since 30th March 2019.

Applying for this will not affect your status as an EU citizen, or affect your nationality / residency / EU status in your own country at all, it merely means you will have immigration permission to be in the UK. It also doesn’t mean you are obliged to stay in the UK permanently. 

You can apply for this now as long as you are currently resident in the UK, to ensure your UK residence status is protected.

It is important to note that if you wait to apply for EU Settlement Status and there is a no deal outcome to Brexit (which is quite possible by 12th April 2019!) the application process may become a more difficult, with further rules needing to be adhered to. You can read more about this below in our deal or no deal scenarios. 

 

There are 2 types of settlement status that can be applied for: 

Settled Status – If you have lived in the UK for 5 years (with permitted gaps up to 6 months in any 12 month period, and/or 1 instance of up to 12 months absence for a specified reason, which includes study). This one basically means you can stay in the UK for as long as you want! 

Pre-Settled Status – if you have not lived in the UK for 5 years, you can apply for “pre-settled status”, which is a grant of 5 years’ permission. After 5 years you can then apply for settled status if you wish. Your 5 years accumulation does not start from the point of getting pre-settled status, it will include any previous time in the UK. This one basically means that if you want to stay longer than 5 years in the UK, you would need to apply for settled status at 5 accumulated years or go home. 

Your settled status is lost if you have a continuous absence of more than 5 years from the UK. Your pre-settled status is lost if you have a continuous absence of more than 2 years from the UK. For Swiss citizens and their family members under the EU settlement scheme, the rule is that their status will be lost after a continuous absence of more than four years from the UK. 

There is no minimum time you need to have been in the UK to apply for the scheme, you only need to show evidence that you currently live in the UK. There are also no restrictions on study under this scheme. 

For up to date information and more details about the EU Settlement Scheme from 30th March 2019, please visit the UKCISA website.

 


 

How to apply for the EU Settlement Scheme

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Don’t worry – it’s not a huge task! It’s a pretty simple process! 

If you have an android phone, you can do the application online and use and identity (ID) app  to upload documents. Otherwise you can do the application online and then go in person to have identity checks done. No documents will ever be retained.

The Home Office will do checks to confirm that you have been a resident in the UK. If you have a National Insurance number, make sure you provide it as this will make the process easier. However if you don’t have one there is no issue – you will just need to provide further evidence, which can be found listed here – Annex A of the Home Office guide.

If you are using the ID app on an android phone to scan a chipped passport, it means that you wont have to provide further information regarding nationality as the chip holds the information needed and can verify if the passport is genuine. 

You will need to upload a photo of yourself, declare any criminal convictions (this will be checked by the Home Office), and sign a declaration. 

You will then be told if you are being considered for settled or pre-settled status.

If it says pre-settled, but you disagree with this, you can upload further evidence to show how long you have been in the UK, and also you will be told what gaps in time you need to provide evidence for. 

Easy peasy! 

 

For up to date information and more details about the EU Settlement application process please visit the UKCISA website.  


 

Now it’s time for a game of Brexit Deal or Brexit No Deal! 

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Currently there is no definitive outcome to Brexit, and so we have outlined what we know right now about a deal and a no deal situation.

 

Scenario 1 – DEAL! 

An agreement is reached (based on information available as of 3rd April 2019)

You can apply under the EU settlement scheme as it currently stands if you are EU, Non EU EEA, Swiss, Icelandic, Norwegian, and Lichtenstein citizens, plus their eligible family members, who are resident in the UK or arrive by 31 December 2020, the deadline to apply under the settlement scheme is 30 June 2021. This also applies to eligible family members of British citizens who have exercised a right to reside in another EU country.  

For up to date information and more details, please visit the UKCISA website

 

Scenario 2 – NO DEAL! 

No agreement is reached (based on information available as of 3rd April 2019)

The deadline to apply for the EU Settlement Scheme in the case of no deal will be 30 December 2020. 

EU Citizens:

The UK government has given assurances that the EU settlement scheme will still operate as it would if an agreement is reached, but will only be open to EU citizens and their eligible family members who are resident in the UK by the time the UK leaves the EU (currently stands at 12 April 2019 in a ‘no-deal’ scenario). 

Swiss and Non EU EEA:

The UK government has reached separate agreements with the EFTA EEA countries and Switzerland protecting non-EU EEA citizens and their eligible family members and Swiss citizens and their family members who are resident in the UK on the day the UK leaves the EU. They will be eligible to apply under the settlement scheme, but the deadlines within which to apply and within which family relationships need to be formed vary according to the two agreements.

I am eligible to apply, but I am not in the UK when it leaves: 

If you are eligible to apply under the scheme but are not resident in the UK on the day the UK leaves the EU, you can still apply if you are temporarily absent from the UK when the UK leaves the EU for a period and/or reason described under the definition of ‘continuous qualifying period’ in Annex 1- Definitions. Please see UKCISA for more definitive information on this area. 

Fore up to date information and more details about this, please visit the UKCISA website. 


 

Brexit: updated healthcare information for students (08 April 2019)

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UKCISA (UK Council for International Student Affairs) have updated their information about accessing healthcare after Brexit in both ‘deal’ and ‘no deal’ scenarios for students who are EU, EEA and Swiss citizens or their family members. students. 

Visit ukcisa.org.uk/EU-Healthcare to find out more and whether this will affect you.

If you have any questions or concerns regarding the Brexit process please email isa@staffs.ac.uk or come to see the International Student Advice team during our Drop-in session which is held every Tuesday from 12pm to 1pm in the Student Hub.

 


 

Want to know a bit more? 

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If you want to learn more about Brexit and how it may affect you, you can visit the UKCISA website, where information is being constantly reviewed and revised as changes and updates take place. 

 


 

And that’s all folks! 

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Yes for now this is all the information we have.

We hope that it has been useful, and helped you to understand what the current Brexit situation is.

Remember we are available in the Student Hub every Tuesday from 12 until 1pm in our Advice Lounge, if you want to come and discuss anything. 

If you have questions you can also use the comments section below or email isa@staffs.ac.uk.