Permanent resident status also allows you to leave the UK for an extended period of time, but if you are absent continuously for five years or more, you will lose your status and can only return if you qualify under the new immigration laws. The UK has been a member of the EU since 1973. This means that many of the structures, agreements and arrangements that exist as part of the UK`s accession to the EU have become redundant with the UK`s withdrawal. New structures, agreements and arrangements will replace them, which will be a matter for UK law rather than EU law. The joint reports provide an overview of the progress made in the implementation of the new residence status and the issuance of residence documents proving this status for EU citizens in the UK and for UK nationals in EU Member States. The EU`s priority has been to protect the rights of EU citizens residing in the UK and, as part of the UK`s withdrawal from the EU, the EU and the UK government have negotiated an agreement setting out the terms of the UK`s withdrawal. This is called the Withdrawal Agreement and was agreed between the EU and the UK government in October 2019 and ratified by the EU and the UK in January 2020. This is explained in the section “What happens if I already have a permanent residence or permanent residence permit or permanent permit to enter?” below. This applies to those who hold passports from the other 27 Countries of the European Union (EU), as well as citizens of non-EU countries such as Norway, Liechtenstein and Iceland (also known as EEA countries) and Switzerland, as well as their family members who have settled here under free movement rights. For Europeans residing in the UK under free movement, their residency status changed when the UK leaves the EU.
The UK government has agreed with the EU on a new status for these residents so that they can continue to live and work in the country. This residency status is called permanent resident status or pre-established status, and the application processing system for these new statuses is called the EU Settlement Regime (or EUSS). This agreement sets out in detail how people who have benefited from the free movement of persons within the EU will be protected beyond the end of the transition period on 31 December 2020. The agreement stipulated that EU citizens and families who have spent their lives in the UK before the end of the transition period have the right to live in the UK. The agreement allowed the UK to introduce a new residency system to recognise persons protected by the agreement, the system being the EUSS. Similar safeguards exist in the separation agreements between the United Kingdom and the EEA and the United Kingdom and Switzerland. The only exception is for children born after the withdrawal of the United Kingdom and for whom a parent not covered by the Withdrawal Agreement has sole custody under applicable family law. Pre-established and established status guarantees your right to reside in the UK. Citizens of the EU, EEA or Switzerland need status to continue living and working in the UK in order to have equal access to benefits, public services and healthcare, the right to study and rent accommodation. With permanent resident status and pre-established resident status (or proof that you applied late for either status), you retain pretty much the same rights as you do now. You can stay in the UK for as long as you want.
You can work in the UK, use the NHS, study and have access to public funds such as benefits and pensions if you are entitled to them. Existing close family members living outside the UK can join you here in the future. Prospective spouses or family members, with the exception of children born or adopted by you, are subject to applicable UK immigration law. The decisions that each country has taken for its residence system and the time limits within which British nationals and their family members residing in countries with constituent systems must apply for a new residence status can be found in the following file with the main national websites. Children are protected by the Withdrawal Agreement, regardless of their place of birth, before or after the UK leaves the EU, or whether they were born inside or outside the host country where the EU citizen or British national resides. The transition period was introduced to allow for the conclusion of agreements between the EU and the UK without major disruption. The status of UK driving licences in Ireland and across the EU after the transition period is uncertain. The National Driver Licencing Service (NDLS) recommends that you exchange your UK driving licence for a local licence before the end of 2020.
This means you will be able to stay in London and you will be able to live your life as you did before the transition period. Your current residency status will be protected, you will be able to work as you do now, and have access to health services and care. If you and your family members are EU, EEA or Swiss citizens and live in the UK, you will all need to apply for pre-established status or permanent resident status. If you are not a citizen of these countries, but your immigration status depends on a family member from the EU, EEA or Switzerland, this also applies to you. In some cases, nationals of non-EU/EEA/Swiss countries may apply because of a previous relationship with a citizen of those countries or because of their care responsibilities towards CHILDREN OF THE EU/EEA/Switzerland or children of EU/EEA/Swiss citizens. The rights of citizens of other EEA countries, Norway, Liechtenstein and Iceland, as well as Switzerland, have now been agreed in separate agreements between the UK government and the governments of those countries. Citizens of EEA countries and Switzerland have the same rights as citizens of EU27 countries and can apply for permanent resident status and permanent resident status. There are some small differences between the Swiss agreement and the other agreements.
The Withdrawal Agreement also included a provision on citizens` rights, how to guarantee legal residence and protected rights and rights if a person fulfils the conditions of the agreement. The agreements for EEA countries (Norway, Iceland and Liechtenstein) and Swiss citizens are covered by separate agreements with these countries, but almost all rights are the same. For Swiss nationals, the right of return is four years, not five. In order to exercise these rights, citizens may have to apply for a new residence status, depending on the country that has decided to opt for a so-called constitutive or declaratory system. Subject to an application for a new residence status (established status or pre-established status), you have the right to continue living in the UK. These provisions will only enter into force if the end of the transition period passes without an agreement between the UK and the EU. The Protocol on Ireland and Northern Ireland is due to enter into force at the end of the transition period. However, the provisions of the Protocol may or may not be repealed in another agreement between the UK and the EU. The courts of the United Kingdom may refer the Court of Justice of the European Union to the Court of Justice of the European Union for a period of eight years from 31 September. December 2020 Ask preliminary questions about the interpretation of the citizen part of the Withdrawal Agreement.
For issues related to applying for permanent resident status in the United Kingdom, this eight-year period began on March 30, 2019. A cross-border work permit can also give you the right to rent and access services and services in the UK, including NHS healthcare, if you meet the relevant eligibility requirements. Other EEA and Swiss citizens must have worked in the UK before 31 December 2020 to benefit from this programme. If you have not done so, you will need to apply for a visa from 1 January 2021 to work in the UK. Permanent resident status also allows you to apply for British citizenship as long as you meet the criteria to do so. The itinerary to do so with a permanent residence document or card is always open even during the transition period. On gov.uk you will learn how to apply for a permit for cross-border commuters. The aim is to help you prepare your application for the EU resolution system. If you need more information than what`s on this hub, you can browse our list of support services to access reliable, accredited, and reliable sources for more support and information. You can also sign up to receive updates on the home office information site. Mayor Sadiq Khan has made it clear that EU citizens living in London belong to our great city and are welcome.
To ensure that EU citizens and their families have all the information they need about life in London after Brexit, we have created this hub. Below are some resource sections that will give you clear and unbiased information and guide you to additional support and advice if needed. Some rights, such as the right to vote and to stand as a candidate in local and regional elections, have not yet been confirmed in England. Scotland and Wales have now passed legislation guaranteeing the right to vote to all foreign residents with the right to vote in the local, Scottish and National Assembly parliament for whale elections. .