Brexit: What Will Happen To EU Citizens Currently Living In The UK?

Brexit: It's the word we've all heard too much since the referendum in 2016, and there's still no affirmative answer as to what will happen to the UK next – or the 3 million EU citizens living here. The outcome depends largely on whether the UK leaves the EU with or without a deal on the 31st of October. With the recent prorogation of parliament, the latter seems highly likely. 

Known by Boris, Alexander Boris de Pfeffel Johnson assumed office in the United Kingdom on 24th July 2019. The leader of the Conservative party has pledged to leave the EU on 31st October 2019 – with or without a deal. Photo by ERA

Although Brexit has been looming in the air for the last three years now, it's important to note that the UK is currently still a member of the EU with the same obligations and rights as all other member states. What's not so certain is what exactly will happen if the UK leaves the EU on the 31st October 2019, and how day to day life will differ. If there is a deal, however, Brexit will not take full effect until 31st of December 2020. 

In short: Number 10 Downing Street's predecessor, Theresa May, failed to propose a deal that could be agreed upon in the house of commons. Now, Boris Johnson has stepped in with a new air of confidence and a manifesto that is intended to charm and win over both UK and EU nationals living in the UK. But what promises have been made to EU nationals amidst Boris' vow of a one-way ticket out of the EU?

Freedom Of Movement: EU Nationals Currently Living In The UK

As long as you’ve moved to the UK with a registered address before 31st October 2019, you can apply for the settled status scheme which will ensure your right to stay living and working in the UK and access to essential services. Photo by Sandro Cenni

The United Kingdon has been a popular choice for migrants from both EU and non-EU backgrounds for many years, making the nation the melting pot it is today. The British might not be renowned for their cuisine, but you can still find some of the best food in the world in cities like London, thanks to the diverse range of ethnicities that contribute the best of their cultures and cuisines. Over 300 languages are spoken in England's capital. 

So, will the UK really kick out all of the EU nationals living and working in the UK after a no deal Brexit? The short answer is, no. EU nationals who are already living and working in the UK will not be affected by the end to freedom of movement. However, there is some red tape – said EU nationals need to apply for the Settled Status (SS) or Pre-Settled Status scheme by December 2020 to ensure their right to remain. 

To be eligible for settled status, you need to have been living in the UK with a registered address for 5 years in a row, spending no more than 6 months in any 12 month period outside of the UK. Pre-Settled Status is the pre-requisite and applies to EU nationals who have been in the UK for less than 5 years. To be eligible for the latter scheme, you'll need to start living in the UK by 31st of October 2019. Your rights will then remain the same as they were pre-Brexit. 

Read more about work visas and permits when coming to work in the UK.

EU Nationals Working And Studying In The UK Post-Brexit

The UK is a top choice for international students, with EU students from some Russell group universities making up 11% of its total student population. The government has pledged to keep tuition fees the same for these students until 2021. Photo by Gordon Williams

For EU nationals who wish to move to the UK to live and work after the UK’s departure from the EU, the implications are not so clear. As it currently stands, EU citizens will most likely be classed as third country citizens, meaning that they will have no right to freedom of movement in the UK. If they wish to move to the UK, then they will need to apply for a valid working visa or have employment lined up before their arrival. 

However, if you’re a citizen of the EU, EEA or Switzerland then you will still have the freedom to visit the UK without a visa for up to 3 months. If you wish to stay for longer than 3 months, you will need to apply for European temporary leave which will allow you to work and study here. This will last until the end of free movement, which sees the introduction of the new skills-based immigration system that has been proposed by parliament. 

Students from the EU who wish to study in the UK after Brexit face similar uncertainties. What has been established, however, is that EU students commencing or resuming their studies in the UK in 2019–20 will face no changes in tuition fees or the right to remain living here. Although, it is not certain whether non-EU member countries will also benefit from this pledge. It is highly likely that post-2020 tuition fees will rise for EU students in the UK.

Read more about how to approach finding a job in London.

How Do I Apply For Settled Or Pre-Settled Status In The UK?

There’s no need to apply for British citizenship to remain living in the UK – the governments settled status scheme means that anyone living in the UK pre-October 31st 2019 can apply for indefinite right to remain in th UK. After 12 months of obtaining settled status, you will then have the right to apply for British citizenship. Photo by Aneka Tiala

The UK government has advised EU citizens residing in the UK to apply for settled or pre-settled status. This is to make it easier to confirm their eligibility for living in the UK after it leaves the EU. Everyone who isn’t a British or Irish Citizen or doesn’t have indefinite leave to enter or remain in the UK should apply for the scheme. Obtaining settled or pre-settled status will prove your right to: stay in the UK for more than 3 months, work, study, use the NHS, claim state pension and rent a home. 

For the application process, you’ll need:

• An identity document – your passport, national identity card, biometric residence card or permit

• A digital passport-style photo

• your National Insurance Number, or proof of how long you’ve lived in the UK

• A mobile phone number and an e-mail address

• If you are applying for a child or relative – proof of your relationship

You don’t need to choose which status to apply for – it will be automatically allocated to you once you’ve applied. To be eligible for pre-settled status, you only have to prove you’ve spent one day in the last six months in the UK. For more information on the scheme, visit the gov.uk website or use their online tool to apply for settled status in the UK after it leaves the EU. In addition to applying online, you can also apply via post, their app or by visiting an identity document scanning location that can be found on the app.

Note: the EU Exit: ID Document Check app is currently only available on Android, but is expected to become available on Apple soon. 

Read more about applying for British citizenship.

Navigating your way through Brexit can be a lengthy process, but I hope this guide has eased the difficulty in applying and helped you to understand your rights, as an EU citizen living in the UK. Although the exact implications of Brexit are uncertain, if you have moved to the UK before it leaves the EU, then all you need to do is apply for the settled status scheme to ensure your rights going forward. 

What are your views on Brexit and the Settled-Status Scheme? Let us know in the comments section below!