UK Immigration Update - October 2019 - Brexit
UK Immigration Update – October 2019 – Brexit
Thu 24 Oct 2019
BREXIT
As we know now, Parliament has agreed in principle the Withdrawal Agreement Bill (WAB) submitted by the current government. However, following a vote on Tuesday 22 October Parliament did not agree to the expeditious timetable put forward to enable the WAB to be passed and the UK to depart the EU on 31 October as planned. It is now likely that the EU will grant an extension to the UK to allow the WAB to be passed through the usual parliamentary process. At this time it is not clear how long this extension will be granted for – confirmation of this should be announced sometime next week but it appears that a three month extension is likely. There is also now an increasing possibility that the UK will hold a General Election in the coming months.
Please see below guidance on what will happen to EU nationals should we exit without a deal, with a deal or if Brexit is delayed once again.
Leaving without a deal
If there is no deal, EU nationals present in the UK by 31 October 2019 will have until 31 December 2020 to apply under the EU Settlement Scheme (EUSS). We continue to recommend that EU nationals currently in the UK should submit applications via the EU Settlement Scheme as soon as possible. Processing times for EUSS applications are around three to four weeks at present.
Please note that if the UK does leave without a deal it is possible that there will be some initial disruption to EU travellers attempting to enter the UK from 1 November 2019.
Current proposals for entering the UK for EU nationals after 31 October 2019
Under policy published by the previous government EU nationals and their accompanying family members should be able to enter the UK to either visit, work or study for a period of three months following our departure from the EU. Individuals wishing to stay longer than this three month period will be required to apply for European Temporary Leave to Remain (ETLR), which would permit them to remain in the UK for a further three years. This route will not lead to settlement/permanent residency in the UK.
Leaving with a deal
If a deal is agreed a transitional period will be implemented and any EU nationals who arrive in the UK before the end of this period (currently stated as 31 December 2020) will be able apply via the EUSS to remain in the UK. The overall deadline for submitting applications via the EUSS is 30 June 2021, the end of the proposed transition period. EU, nationals who apply to the scheme before the 30 June 2021 will receive either Pre-Settled Status (if they have not been in the UK for five continuous years) or Settled Status if they are able to evidence that they meet the residence requirement.
Further delay to Brexit
Should there be a further delay to Brexit the free movement rights currently in place will continue until the end of the confirmed extension period.
MIGRATION ADVISORY COMMITTEE – CALL FOR EVIDENCE
Please refer to our earlier alert in relation to the MAC call for evidence in relation to minimum salary requirements for sponsored workers following Brexit. The deadline for submitting responses to the MAC is 5 November. This is an excellent opportunity to provide feedback to the MAC and have a say in relation to salary requirements for migrant workers.
UK APPLICATION CENTRE – APPOINTMENT AVAILABILITY
Visa appointment availability across the UK has become limited, with lead in times for appointments up to three weeks. The longer lead in times are usually for the free appointments. Paid appointments, where the fee ranges from £90 to £260, are more readily available at the larger centres however there are still an average lead in time of one week.
CONTACT US
If you have any questions in relation to the above topics or require assistance and guidance in relation to immigration planning for Brexit please contact:
Sue Kukadia, Head of Immigration – sue.kukadia@mazars.co.uk
Michelle Askew, Senior Manager – michelle.askew@mazars.co.uk
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