Indication of proposals for EEA Nationals in the UK after Brexit

Theresa May has finally addressed the question of the impact of Brexit on the status of EEA Nationals currently resident in the UK.

With the full proposals to be published on Monday, the indication given at an EU summit dinner in Brussels, was that there would be a plan for settled status for the three million EEA Nationals living in the UK, including allowing them rights to healthcare, education, benefits and pensions, so long as the one million UK Nationals living in the rest of the EU were afforded a similar guarantee on their rights.

Settled status would be dependent on individuals having accrued five years’ worth of permanent residency in the UK, and the time frame for so doing is expected to be by the end of a two-year grace period following Brexit (i.e. March 2021).

EEA Nationals exercising Treaty rights, those who are self-sufficient, or the family members of the same, are already entitled to apply for permanent residency after five years in the UK, and applications for the same have increased significantly since the decision of the UK to leave the EU 12 months’ ago. The new proposals therefore are similar to provisions already in force, although the significance of Theresa May’s comments is that the settled status approach is likely to be more beneficial to individuals and involve a more straightforward application process, without individuals having to provide such significant levels of supporting documentation.

Although it will come as positive news to EEA Nationals currently in the UK that this matter is finally being addressed, it is important to wait for the full proposals to be released on Monday, and then to also bear in mind that this remains a highly contentious issue within the Brexit negotiations as a whole.

If you are concerned about the status of EU Nationals in the UK, you can sign up for the Home Office email alerts which will notify you on any changes here: https://gov.smartwebportal.co.uk/homeoffice/public/webform.asp?id=67&id2=627DF7.