Immigration Update for EU Nationals
Brexit has caused a lot of concern amongst EU nationals as to what their position is in the UK and what will happen when the UK exits the EU with the end of the transition period on 31 December 2020.
Importantly, free movement will continue to apply until the end of the Brexit transition period at 11pm on the 31 December 2020. Thereafter, EU nationals (and this includes the EEA countries and Switzerland) will become subject to UK i mmigration control and will need a visa to live in the UK unless they are eligible under the EU Settlement Scheme (EUSS).
EU Settlement Scheme (EUSS)
In order to safeguard the rights of EU citizens after Brexit, the UK government introduced EUSS. This scheme became fully operational on 30 March 2019. Under this scheme EU (and EEA and Swiss) citizens who have continuously resided in the UK for at least five years are eligible for settled status (also known as indefinite leave to remain/settlement). Those with less than five years residence are eligible for pre-settled status (also known as limited leave to remain) which is granted for a period of 5 years. This will allow them to complete five years’ residence becoming eligible for settled status.
To qualify for settled status under the EUSS the applicant’s absences must be no more than 180 days in any 12 month period in the 5 years. If their absences are in excess in some exceptional cases it may be possible for the UK immigration authorities to exercise discretion and allow the application. If applicants cannot qualify for settlement, the pre-settled status cannot be extended and so the applicant will need to apply for a new visa to stay in the UK.
To qualify for pre-settled status under EUSS the applicant must be physically present in the UK before the end of the transition period so it is important people enter before then if they want to register. Applicants do not need to be in the UK for a minimum period to register but we would recommend at least 24-48 hours. Applicants will need their EU passport and proof of presence in the UK e.g. something with the UK address on (even a hotel invoice with the hotel’s address could suffice) or a plane ticket. The EU national can then leave the UK. Pre-settled status is lost if the holder is absent from the UK for 2 years or more.
EU nationals coming to the UK from 1 January 2021
EU nationals entering after this date who are not eligible under the EUSS must have a visa to live in the UK. EU nationals can still enter the UK as visitors, visa free for up to 6 months but if they want to live in the UK for longer periods, or work and study in the UK, then visas will be required. EU nationals will come under the current immigration system used for non EU nationals. This system is undergoing some changes in January in preparation for Brexit.
The New Immigration System from 1 January 2021
Possible visa routes that could be used:
- Tier 2 work visas for EU nationals with a UK employer as sponsor (could potentially include their own business that sponsors them)
- Sole representative where the EU national is employed by an overseas business to set up operations in the UK for the first time (not suitable for majority shareholders of the overseas business)
- Innovator where the EU national has an innovative new company (requires an approved body to endorse the business)
- Tier 1 Investor for high net worth clients with £2million GBP to invest in the UK
- Student and post study work visas for EU nationals studying usually at degree level and those graduating in the UK
- Appendix FM partner/parent visa for EU nationals with a British citizen/or settled spouse/ partner/ child
- Global Talent visas for leaders or potential leaders in academia, research, digital technology and arts and culture
There may also be a new visa for the highly skilled but this will not be brought in until later next year.
UK visas usually cost several thousand pounds and have an immigration health surcharge. The visa processing can also take several weeks particularly due to coronavirus related delays.
Due to coronavirus, many priority visa processing services have been suspended while the UK immigration authorities clear the backlog of cases. It is important applicants remember that it can take time to secure the visa and that travel to the UK in the interim is usually not possible. Depending on where clients are travelling from they may also be required to self-isolate and quarantine themselves for 14 days after their arrival in the UK due to coronavirus.
Charity Training: Digital Transformation in the Charity Sector
We would be delighted if you could join us for the second session in our new series of bite-size webinars for charities.
Charity Training: Brand Protection
We would be delighted if you could join us for the first in our new series of bite-size webinars for charities.
The UK’s New Skilled Worker & Intra-Company Visa Routes: a closer look
Taking a closer look at the UK’s new visas to assist UK businesses.
Practicalities in Cladding Claims
Insight into Issues with Cladding Claims
EWS1 Forms - the latest episode
RICS have now published their highly anticipated guidance on when EWS1 forms will be required.
Q&A: Am I insured for COVID-19?
Laura Bushaway writes for Estates Gazette on a recent claim under the “disease clause” of business interruption policy.
The Purpose Podcast: Corporate purpose
Simon Ridpath discusses corporate purpose and the rise of environmental, social and governance (ESG) issues in “The Purpose Podcast”
Client alert: Construction under competition law spotlight
We outline the three investigations which have either recently concluded or are ongoing together with what this means for businesses.
Looking beyond the benefitted land: confirmation that an objector’s wider property may be considered in applications to discharge/modify restrictive covenants
Read our recent case study on applicants who were prevented from developing a new house due to a restrictive covenant covering their land.
Further extension of coronavirus restrictions affecting residential properties: Where are we now?
The extension will be implemented from and including 31 March 2021 by the Coronavirus Act 2020.
Knight Frank Wealth Report: The Global Perspective on Prime Property & Investment
Knight Frank partners joined Charles Russell Speechlys for a virtual panel-led discussion on the Knight Frank Wealth Report
Case Study: One Blackfriars Limited
An informative and positive judgment for administrators selling high-value property in distressed and complex scenarios.
Keeping Up With Construction: Handover at Practical Completion - Practical Pointers
Practical tips for the handover of a successful project.
Charles Russell Speechlys advises on Trident Royalties’ US$28m Placing
Trident Royalties plc is a growth-focused mining royalty and streaming company.
Temporary restrictions on winding-up petitions extended until 30 June 2021
As the restrictions are extended, read what it means for you here.
Charles Russell Speechlys advises Avation plc on £7.5m secondary placing
Headquartered in Singapore, Avation plc manages a fleet of aircraft which it leases to airlines across the world.
To Promote or not to Promote, that is the Option: Top 10 Tips with Promotion Agreements
Providing you with the top ten tips with promotion agreements - what should you know?
Sleep-in workers not entitled to NMW for entire shift
A unanimous ruling by The Supreme Court in the Royal Mencap v Tomlinson-Blake and another case.
Amelia Goodwin quoted by People Management, Home Care Insight and Care Home Management on the implications of the Supreme Court's ruling in Royal Mencap Society v Tomlinson-Blake
The court found that care providers do not have to pay the minimum wage to staff for time that they are asleep but on call during shifts.
Q&A: Parking privileges
James Souter and David Nicholls address a resident’s parking dilemma.