Policy Paper | Post-Brexit Rights of EU Citizens in the UK
EU Citizens Who Arrive AFTER the Specified Date in the UK
Safeguarding the Position of EU Citizens Living in the UK and UK Nationals Living in the EU | British Government Policy Paper June 26, 2017, Paragraphs 32-34 of 59
32) If the UK and the EU agree to apply a specified date prior to the UK’s withdrawal from the EU, those EU citizens and their family members who arrive in between the specified date and the date the UK leaves the EU will continue to exercise free movement rights up until the point the UK leaves the EU. From then on, the grace period of blanket permission will apply to them, while they make an application to the Home Office for permission to stay (‘leave to remain’), in accordance with the new rules applying to EU citizens, which are yet to be determined. If the specified date is set at the date of the UK’s withdrawal from the EU, these new post-exit arrangements would automatically apply to EU citizens and their family members who arrive after that date.
33) The ability of EU citizens arriving after the specified date subsequently to obtain further or indefinite permission to stay will depend on the rules in place at the time at which they apply. These will be decided by the UK closer to the time.
34) The Government will ensure those students who start a higher or further education course in or before the 2018/19 academic year will be eligible to apply for permission to stay here in order to complete their course (see paragraph 50 -54 for more detail).
Example case study: EU citizen who has arrived after the specified date
Aisha is a German national who arrived in the UK after the specified date. She is self-employed and would like to settle in the UK. If the specified date is pre-exit, Aisha can still exercise her free movement rights to live in the UK until the UK leaves the EU.
However, once the UK leaves the EU, Aisha’s free movement rights will end. Like Christophe, Aisha will not be required to leave the UK when we exit the EU, she will be able to stay during the blanket permission period – but she must apply for permission to stay (‘leave to remain’) here beyond that period. If Aisha successfully applies for permission to stay, she will be granted a temporary residence document.
If Aisha wishes to stay in the UK after her temporary permission expires, she will need to obtain further permission. Her eligibility for further permission will depend on the rules in force at that time. Unlike Christophe, she is not guaranteed to be eligible to apply for permission to stay in the UK permanently.
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