EU nationals deadline time to enter the UK

When the UK decided to leave the EU in 2016, no one knew the impact this would have on the EU, EEA or Swiss citizens already living in the UK and anyone who wanted to come to the UK. 

Once the December 2019 general election was over, the UK government voted to leave the EU and on the 29 January 2020 the EU agreed so it became official. The UK officially left the EU on 31 January 2020 at 11pm UK and 12 midnight EU time.

To learn more, click here.

The transition period

The UK and the EU must now agree additional arrangements and a trade deal by the 31 December 2020 unless the deadline date is extended.

What impact will it have on you if the UK cannot agree additional arrangements and a trade deal by the 31 December 2020

Any EU, EEA or Swiss citizens wishing to enter or remain in the UK must be in the UK by 31 December 2020 unless the UK and EU agree an extended date.

When must I register with the Home Office by?

If you entered the UK before midnight of the 31 December 2020, you must apply by the 30 June 2021 You need to click this link to register your details.

What is the difference between Pre-Settled and Settled?

Pre-Settled Status

This means you have lived in the UK less than 5 years when you register with the Home Office.

Settled Status

This means you have lived in the UK for 5 years or more when you register with the Home Office.

To learn more about Settled and Pre-settled status click here and learn how to apply to the Home Office.

How do I know if I am Pre-settled or Settled?

When you register with the Home Office, they will advise you where you stand as Pre-settled or Settled. Your status will all depend on what information you provide them and your unique circumstances. If you are unsure and need some guidance prior to registering with the Home Office, you can obtain free impartial advice from our firm. We will provide you free impartial advice.

EU NATIONALS AFFECTED

What are the EU countries and what if I am a family member of an EU national?

The EU countries consists of Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden. If you are a national of Iceland, Liechtenstein or Norway, these 3 countries fall under the EU.

EU national clarification:

• Direct EU, EEA or Swiss citizen.
• Direct family member of an EU, EEA or Swiss citizen holding a passport from outside the EU*.
• Extended family member of an EU, EEA or Swiss citizen**.
• You’re the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship.

*A direct family member is either a husband or wife, a civil partner, child under the age of 21 who are dependent on you or your spouse or civil partner.

**An extended family member rules changed on the 1 February 2017 under regulation 8, meaning, you must have proof you are related to the EU, EEA or Swiss citizen.

To learn more about qualifying your right to continue living in the UK click here and to see an example of how you are verified click this link which is an example of a non-EU, EEA or Swiss citizen wanting to know their legal status.

What if I am a non-EU, EEA or Swiss citizen and my circumstances changes?

If you are concerned, you must obtain legal advice as it is 100% your responsibility to keep your right to work status in the UK up to date.

If you want to fully understand the EU immigration rules, you can download the ‘Free Movement Rights: extended family members of EEA nationals’ click here and if you still unsure, feel free to contact us.

If you are an EU, EEA or Swiss citizen, you can freely enter the UK to live work and study during the transition period.

If you are a non-EU, EEA or Swiss citizen and you want to enter the UK to join your family member, you will need to apply under EEA FP application.

EEA FP visa route is likely to be cancelled as from 1st January 2021.

You must prove you are related to this person normally as a direct or extended family member.

This visa if granted is for 6 months.

Once in the UK, you will then need to register as Pre-Settled.

You do not need a derivative residence card if you have permission to be in the UK.

Why have this card?

Having this card will help you enter the UK much quicker, help find work under right to work checks carried out by UK employers and will help with accommodation, loans etc.

Who can apply for this card?

• Primary carer of someone who has the right to live in the UK
• Primary carer’s child
• Child of a former worker from the European Economic Area (EEA) and you’re at school, college or university in the UK.

Note: Being a ‘primary carer’ means you’re someone’s main carer, or you share the responsibility with someone else at least equally, and you’re their direct relative or legal guardian.

Entering the UK

If you are from outside the UK and do not have permission to be in the UK, you cannot apply for a derivative residence card, you first need to enter the UK by applying for a EEA Family Permit.

Once in the UK, you should then apply for a derivative residence card as the EEA family permit is only issued for 6 months. 

If any EU, EEA or Swiss citizen or their family members are not registered with the Home Office by the agreed dates as stated under section 'Transition Period', they will have to apply under the new immigration rules to live and work in the UK as EU and non-EU nationals will be treated equally via the new points-based system being introduced.