Case study: Example case studies: EU citizens’ rights in the UK

immigration lawyer london uk eu

Updated: Updated case studies.

After the UK leaves the EU, EU citizens’ residence status in the UK will depend on how long they have lived here and whether they arrived by the end of the implementation period on 31 December 2020, following our exit from the EU.

More details about the UK government’s offer to EU citizens: Status of EU citizens in the UK: what you need to know.

‘Andriana’ will have been resident in the UK for 10 years when the UK leaves the EU

Andriana is a Greek citizen who will have been resident in the UK for 10 years when we leave the EU on 29 March 2019.

As Andriana has been living continuously in the UK for over 5 years, she immediately qualifies for ‘settled status’, subject to criminality and security checks, and can apply for her new UK residence status once the scheme opens. Once she has received her status she does not need to do anything further after the UK leaves the EU.

‘Christophe’ arrived before the UK’s exit but won’t have been resident in the UK for 5 years when we leave the EU

Christophe is a French teacher who will have been resident in the UK for 4 years at the point the UK leaves the EU on 29 March 2018.

After the UK leaves, Christophe will be able to continue to live and work in the UK until 30 June 2021 without having to make an application. As soon as Christophe has been resident for 5 years, in 2020, he can make an application and, subject to criminality and security checks, he will be eligible for ‘settled status’ which will allow him to remain in the UK permanently.

‘Audra’ and ‘Ignas’ qualify for settled status and are expecting a baby

Audra and Ignas moved to the UK from Lithuania in April 2015. They are married and are expecting a baby later in 2018.

After the UK leaves the EU on 29 March 2019, Audra and Ignas can stay the UK as now until 30 June 2021 without having to make an application. As soon as they have been resident for 5 years, in April 2020, they can make an application and, subject to criminality and security checks, they will be eligible for ‘settled status’. They will also need to apply by 30 June 2021 under the EU Settlement Scheme for a UK residence status on their child’s behalf.

‘Emmeline’ arrived after the UK’s exit from the EU but before the end of the implementation period

Emmeline will be moving to the UK from Belgium in June 2020. Emmeline will then have until 30 June 2021 to make an application under the EU Settlement Scheme for a UK residence status.

As Emmeline will not have been resident in the UK for 5 years at the point of making her application she will, subject to criminality and security checks, be eligible for ‘pre-settled status’. This will allow her to stay in the UK until she has reached the 5 years continuous residence generally needed to be eligible for ‘settled status’ in 2025.

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Fraz Wahlah - CEO Citizen Lawyer

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Fraz Wahlah

Fraz Wahlah is a leading British human rights lawyer and founder of Citizen Lawyer in London and Birmingham. Read more about Wahlah here

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