Ahead of Brexit talks re-commencing this week, the government released a new technical note setting out details of a “streamlined system” for EU nationals wanting to remain in the UK. The government hopes to instil confidence in EU citizens living in the UK by promising that their applications will not be refused on minor technicalities and caseworkers considering applications will exercise discretion where appropriate.The criteria for settled status will be as per the Withdrawal Agreement (which has not yet been agreed) but it is anticipated that the majority of applications will be accepted.
The Government continues to be clear that its first priority in negotiations with the EU is to secure the status of EU citizens living in the UK, and UK nationals living in the EU. No EU citizen currently living in the UK lawfully will have to leave at the point that we leave the EU.
The key proposals of the paper are:
- following the UK’s exit from the EU, the UK government aims to give EU citizens up to two years to apply to stay in the UK and obtain settled status with a voluntary application process to be set up before the UK leaves the EU;
- lower cost process for those who already have permanent residence documentation;
- digital and streamlined application system;
- minimising the documentary evidence required from applicants and those with EEA permanent residence document will have a simple process to exchange this for a settled status document;
- decisions to be based solely on the criteria set out in the Withdrawal Agreement;
- enabling caseworkers to contact applicants to resolve minor discrepancies;
- affordable application fee (no more than the cost of a British passport);
- right to appeal a rejection;
- no requirement for private health insurance; and
- no requirement to provide fingerprints.
Secretary of State for Exiting the EU, David Davis believes ‘the document… can facilitate the deal we need to guarantee the rights of UK citizens living in the EU27, and vice versa’. Despite David Davis’ encouraging remarks, the European Parliament’s Brexit coordinator Guy Verhofstadt is quoted as saying ‘It's hard to believe this proposed new system will be smooth and efficient. The European Parliament remains deeply concerned about the lack of progress on citizens' rights issues. It is erroneous to say a deal is 'within touching distance'”.
When to apply?
While the Home Office continues to advise that EU citizens do not have to submit an application at the moment, our advice for those EU nationals who are already in the UK is to submit an application for residence documents or permanent residence as soon as possible. Advice should be sought where necessary.
The technical note is still only an informal document which offers helpful information and assurances but does not itself guarantee rights of EU nationals.
The negotiations are set to continue without a clear agreement on the position of both parties.
Contributors: Pat Saini (partner) and Edward Steabler (trainee), Penningtons Manches
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