No deal Brexit – arrangements for EU nationals entering the UK after 29 March 2019

The Home Secretary has announced arrangements for EU nationals coming to the UK in the event that the UK leaves the EU without a deal.

What has been arranged in the event of a No Deal Brexit?

He has confirmed that transitional arrangements will be put in place so that EU nationals and their family members who come to the UK after 29 March 2019 will be able to enter the UK to visit, work or study for a period of up to three months, without requiring any special permission to enter. 

However, for stays longer than three months, they will need to obtain permission and receive “European Temporary Leave to Remain” status, which is valid for a further three years. 

EU citizens wishing to stay for longer than three years will need to make a further application under the new skills-based Points based immigration system, which is likely to begin from 1 January 2021.

Who do these arrangements apply to in the event of a No Deal Brexit?

These arrangements also apply to EEA and Swiss citizens.  They do not apply to EU nationals in the UK before the UK leaves the EU - their rights to live and work will be protected by the EU Settlement Scheme.

What else has been arranged for EU nationals in the event of a No Deal Brexit?

The Home Secretary also confirmed that if there is no deal:

• EU citizens arriving in the UK who wish to stay longer than three months and apply for European Temporary Leave to Remain will be subject to identity, criminality and security checks before being granted permission to stay for three years
• Non-EU family members who wish to accompany an EU citizen under these arrangements will need to apply in advance for a family permit
• EU citizens will be able to enter and leave the UK as they do now, using e-gates when travelling on a biometric passport
• The initial three months’ leave to enter for EU citizens will be free of charge but applications for European Temporary Leave to Remain will be paid for. Fees will be set out at a later date
• Irish citizens will not need to apply for European Temporary Leave to Remain and will continue to have the right to enter and live in the UK under the Common Travel Area.