Status of EU citizens in the UK: what you need to know
From:
Home Office, UK Visas and Immigration, and Department for Exiting the European Union
Part of:
UK leaving the EU: what you need to know and Brexit
Published:
7 April 2017
Last updated:
18 December 2017, see all updates
Information for European Union citizens living in the UK.
Contents
This page will be updated with the latest information about the status of European Union (EU) citizens (see note 1) and their families in the UK.
The UK government has reached an agreement with the European Union on citizens’ rights in negotiations on the UK’s withdrawal from the EU. This will provide certainty about the future to millions of EU citizens and their families in the UK. Most importantly, it will allow you to stay here after we leave the EU on 29 March 2019, and to continue to access public funds and services.
There is no need for EU citizens living in the UK to do anything now. There will be no change to the status of EU citizens living in the UK while the UK remains in the EU. If you would like to find out the latest information you can sign up for email updates.
Note 1: We also expect that our offer will be extended to resident citizens of Norway, Iceland, Lichtenstein and Switzerland living in the UK. As the rights of British and Irish citizens in each other’s country are rooted in the Ireland Act 1949, Irish citizens won’t need to apply for settled status.
More information is available on what UK nationals travelling and living in Europe need to know.
Agreement on rights for EU citizens and their families
The agreement we have reached for EU citizens and their families is:
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-People who, by 29 March 2019, have been continuously and lawfully living here for 5 years will be able to apply to stay indefinitely by getting ‘settled status’. That means they will be free to live here, have access to public funds and services and go on to apply for British citizenship.
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-People who arrive by 29 March 2019, but won’t have been living here lawfully for 5 years when we leave the EU, will be able to apply to stay until they have reached the 5-year threshold. They can then also apply for settled status.
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-Family members who are living with, or join, EU citizens in the UK by 29 March 2019 will also be able to apply for settled status, usually after 5 years in the UK.
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-Close family members (spouses, civil and unmarried partners, dependent children and grandchildren, and dependent parents and grandparents) will be able to join EU citizens after exit, where the relationship existed on 29 March 2019.
EU citizens with settled status or temporary permission to stay will have the same access as they currently do to healthcare, pensions and other benefits in the UK.
More information is available in the joint report about the agreement reached between the UK and the European Union on citizens’ rights.
See our case studies for examples of how individual EU citizens’ status in the UK will be affected by the UK’s exit from the EU.
Assessment of settled status applications
You’ll be able to apply for settled status if you’re a citizen, or the family member of a citizen, of an EU country. We’ve agreed with the EU that the conditions for EU citizens and their family members to get settled status in the UK will be the same as, or more generous than, those set out in the existing Free Movement Directive. In most cases this means you will need 5 years of continuous and lawful residence in the UK. The criteria will be set out in the withdrawal agreement between the UK and the EU.
If you meet the criteria and submit a valid application you will be granted status, unless:
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-you weren’t resident in the UK by 29 March 2019 (see note 2)
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-you’re refused on the grounds of your serious criminal convictions or for security reasons
The withdrawal agreement will become a part of UK law and so the Home Office will not be able to refuse an application for any reason not covered by the agreement.
More information on our proposed procedures for processing settled status applications is available (in English).
Note 2: Unless you’re a close family member of an EU citizen living in the UK but were living outside the UK when the UK left the EU.
Applying for settled status
EU citizens and their family members in the UK will need to apply to get their status document. Getting this status will prove (for example, to employers or public service providers) that they have permission to continue living and working here in future.
The application fee will be no more than the cost charged to British citizens for a UK passport. If you already have a valid permanent residence document, it will be free.
We’re making the application process as streamlined, quick and user-friendly as possible. We’ll use existing government data to reduce the amount of evidence you will need to provide. For example, HMRC’s employment records will show us your UK work history.
As an EU citizen applying to the scheme, you will need to:
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-provide an identity document and a recent photograph to confirm your identity and nationality
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-declare any criminal convictions
You won’t have to:
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-account for every trip you’ve taken out of the UK
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-show evidence that you held comprehensive sickness insurance
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-give your fingerprints
We expect the online application form to go live in late 2018. Sign up for email updates for more details.
The Home Office will provide support to ensure your application isn’t turned down because of simple errors or omissions. We will contact you where it appears a simple omission has taken place and help you fix it. We will also let you know if you need to provide more evidence, before a decision is made.
So people have enough time to apply, the scheme will remain open for applications for a considerable period, at least 2 years, after the UK leaves the EU. During this period your rights in the UK will be protected. If you apply under the scheme, but don’t receive a decision before the end of this period, you can continue living here until the decision is made.
Permanent residence status under EU law
While the UK remains in the EU you don’t need to apply for a document to prove you can live in the UK unless:
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-you’re an extended family member of someone from the European Economic Area (EEA) or Switzerland
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-you want to apply for British citizenship
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-you want to sponsor your partner’s visa application under the Immigration Rules
A permanent residence document confirms that you have rights under European law. In the future, EU law will no longer apply and the migration and status of EU nationals will be subject to UK law.
There will be a simple process for you to exchange this for a settled status document free of charge and we won’t repeat any assessment of residence.
You will need to:
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-provide an identity document and a recent photograph to confirm your identity and nationality
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-confirm you still live in the UK
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-declare any criminal convictions
Sign up for email updates for more details of when you’ll be able to apply to stay in the UK under the new settled status scheme and what steps you’ll need to take.
Indefinite leave to remain
Indefinite leave to remain status will not be affected by the UK leaving the EU.
Once the application scheme for settled status opens there will be a simple process for you to exchange your old indefinite leave to remain document for a settled status document free of charge, should you wish to prove you benefit from the withdrawal agreement. We won’t repeat any assessment of residence.
You will need to:
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-provide an identity document and a recent photograph to confirm your identity
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-confirm you still live in the UK
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-declare any criminal convictions
You can apply for a biometric residence permit if you want an updated document confirming you have indefinite leave to remain now.
EU citizens who arrive in the UK after EU exit
If you arrive in the UK after 29 March 2019, our intention is that there will be a period of time where you can still live, work and study here, with a registration system. This ‘implementation period’, including how long it might last, is still subject to negotiations with the EU.
Details of the immigration arrangements that will apply during this period, and after it ends, have not yet been agreed. We will publish more details as soon as possible, so people have enough time to plan and prepare. Sign up for email updates for more details.
UK employers and EU citizen employees
EU citizens working in the UK and UK businesses employing EU citizens don’t need to do anything now.
We are working closely with businesses and others to look at how they will be affected by the changes.
In July 2017, the government commissioned the independent Migration Advisory Committee (MAC) to gather evidence on patterns of EU migration and the role of migration in the wider economy, ahead of our exit from the EU. The MAC has been asked to report back by September 2018 and its evidence will help us to develop the future immigration system.
Document information
Published: 7 April 2017
Updated: 18 December 2017
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-18 December 2017 Guidance updated following agreement with the EU on citizens' rights.
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-8 December 2017 Guidance updated: agreement reached on EU on citizens’ rights in the UK.
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-7 November 2017 New information about application processes added.
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-30 June 2017 French, German, Italian, Lithuanian, Polish, Portuguese, Romanian and Spanish translations added.
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-26 June 2017 Information added about the UK government’s offer for EU citizens and their families.
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-7 April 2017 First published.
From: Home Office UK Visas and Immigration Department for Exiting the European Union
Part of: UK leaving the EU: what you need to know Brexit
Related guides: UK nationals in the EU: what you need to know
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