As we know, the United Kingdom will be leaving the European Union on 31/10/2019.
Now since the majority of our carers comes from Poland, you may wonder how hard Brexit (or no-deal Brexit) will affect their rights to stay and work in the United Kingdom.
Would EU citizens be allowed to stay and work in the UK after Brexit? The general answer is YES. They would only have to apply for the European Temporary Leave to Remain (Euro TLR) on arrival. For those who are already residing in the UK at the time of Brexit, they would be free to stay and work as they did before. They would only have to apply for the EU Settlement Scheme if they would wish to stay in the UK after 31/12/2020.
Depending on whether the worker has arrived in the UK before or after Brexit:
- EU citizens who are residents in the UK before Brexit (before 31/10/2019, 23:00) – they are welcome to stay in the UK until 31/12/2020, with their rights unchanged. To be able to stay after 31/12/2020, they would only have to apply to the EU Settlement Scheme before that date. The application is free and easy to complete online and it’s already possible to submit it.
A successful application under the EU Settlement Scheme will enable to obtain one of two settling statuses:
Settled status – granted if a person has a 5 years continuous residency in the UK. This status will last indefinitely and enables to apply for British citizenship for eligible persons.
Pre-settled status – granted if a person not yet has 5 years’ continuous residence in the UK. This status may last up to 5 years and after this period the person may apply for the settled status.
- UE citizens entering the UK after Brexit
- During the transition period – 31/10/2019 – 31/12/2020 – EU citizens are allowed to move to the UK and live, study, work, and access benefits as it is possible now – they will have to apply for a 3 years temporary immigration status if want to stay for longer than 3 months. This application is called the European Temporary Leave to Remain after arrival. The right to stay in the UK will be granted for 3 years (36 months), running from the date the leave is granted. If they are planning to stay in the UK for less than three months, they don’t need to do anything.
- After the transition period – from January 2021 – a new immigration system will be introduced.