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European Temporary Leave To Remain – Update

By 121 Immigration Lawyers.

In the event of no-deal Brexit , as a “Responsible Government” the Home Office has officially published guidance on the European Temporary Leave to Remain scheme.

The guidance notes on this subject were published by the government before the recent change in the “Brexit End Date” from 29 March 2019 to 31 October 2019. As a result of this extension in time, it is very possible that the governmental rules on this complex subject will also change. However, as of the date this article was published all the guidance notes are correct.

The European Temporary Leave to Remain scheme is a contingency plan in case the UK leaves the EU with a “No Deal Brexit” and is designed for EEA and Swiss citizens who may wish to come to the UK after 31 October 2019.

This new guidance will only effect EEA and Swiss Citizens who wish to remain in the UK for more than 3 months.This means that EEA citizens will be able to come to the UK in the same way as they do presently, and no permission or immigration status will be required for any EEA citizen wishing to stay in the UK for less than three months.

It is important to note that when free movement ends and before the government’s proposed new immigration system starts operating on 1 January 2021, EEA and Swiss citizens wishing to stay in the UK for more than three months (whether to work, study, visit or join family members) will have to apply to be granted this new European Temporary Leave to Remain Status. EEA and Swiss citizens acquiring this new status will be allowed to stay in the UK (only) for three years from the date of application.

The Home Office have stated categorically that this status will be Temporary and cannot be extended, also it will not lead to any entitlement to indefinite leave to remain (or any ability to reside permanently in the UK), nor will it lead to the ability to secure any status under the EU Settlement Scheme.

After the allowable period of three years has lapsed, any EEA or Swiss Citizen will either have to leave the UK or need to make an application for a new status. This new status will be based upon a “Skills-Based Immigration” system that will come into effect on 01 January 2021.

121 Immigration lawyers are staying abreast of the effects of Brexit on European nationals living or wanting to travel the UK and can assist you with any applications that might be required to secure your status in the UK. Contact us to speak with one of our Immigration experts to see how we can help.

Published 15th April 2019