Brexit

In a referendum held on 23 June 2016 more than half of the participants in the UK electorate voted to leave the EU.

On 29 March 2017 the UK Government invoked Article 50 of the Treaty on the European Union. As the result, the UK is due to leave the EU at midnight on 30 March 2019 Central European Time or at 11 pm on 29 March 2019 British time.

“Brexit” is an abbreviation of withdrawal of the United Kingdom from the European Union.

The UK Government has now reached an agreement with the European Union confirming rights of EU citizens living in the UK. Until 29 March 2019 EU citizens can remain in the UK and continue access public funds and services. EU citizens and their family members arriving in the UK from 30 March 2019 to 31 December 2020 (also called “implementation period”), will be able to stay on the same terms but they will be required to register if they wish to remain in the UK for longer than 3 months.

EU citizens who, by 31 December 2020, have been continuously and lawfully residing in the UK for 5 years will be able to apply for “settled status”. The same requirements will apply to family members of EU citizens who are living in the UK for continues 5 years by 31 December 2020. EU citizens who arrive in the UK by 31 December 2020 and who would not complete 5 years of continues residence by this date, will be required to apply for permission to stay in the UK. If your relationship with EU citizen existed on 31 December 2020, you would be able to join them in the UK after exit.

On 28 August 2018, in line with the latest Statement of Changes, a new Appendix EU has been introduced to a consolidated version of the Immigration Rules for the purposes of an initial test phase of the EU Settlement Scheme.

From 28 August 2018

Students who enrolled to study at the three Liverpool universities or who is on the payroll of the selected fifteen NHS Trusts, are eligible to apply for limited leave to remain or indefinite leave to remain in the UK under the rules set in Appendix EU. This is a pilot scheme. If you are not yet eligible to apply under Appendix EU, you should apply for a residence document under the EEA Regulations 2016. The new scheme will fully go live in March 2019.

From 15 November 2018

A person who is employed or engaged by a Higher Educational Institution or Overseas Higher Education Institution on the Tier 4 Register of Licensed Sponsors or a child under the age of 18 who is being looked after by one of the five local authorities involved in the pilot or someone who is eligible for support or assistance from one of those five local authorities because they were looked after them as a child would be able to apply under the Scheme. In addition, a person who is receiving support from selected eight organisations involved in the pilot would also eligible to apply.

From 29 November 2018

A person who is employed by or work at an organisation in the health or social care sector would be able to apply. A full list of the organisations and institutions involved in the pilot could be found on GOV.UK website.

Please note that family members of qualified applicants are not able to apply as yet unless they are also eligible through their employment with a participating organisation or they are also being supported by one of the participating community organisations.

If you have been affected by Brexit and wish to seek a legal advice, please do not hesitate to contact our Immigration team.

Administrative review

Administrative review (“AR”) was introduced to The Immigration Act 2014 to replace rights of appeal in certain cases. Each application for Administrative review at the Home Office is considered by another caseworker – who took no part in making the original decision – to determine whether an eligible decision is wrong because of a case working error. If an AR is successful, the original decision will be withdrawn.

The latest news on Brexit and Appendix EU from UK Visas and Immigration can be found here.