Settled status for EU citizens after Brexit

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European map and EU stars

The government is continuing to work through the details of how the new settled status scheme for EU citizens and their family members will operate as the UK leaves the EU. 

Although the arrangements have not been confirmed, in the latest documentation issued to the European Commission as part of the negotiations, the government sets out the intended approach in their clearest statement to date.   

Summary points:

  • The UK estimates that the period made available for individuals to make an application for settled status after exit will last for around two years after the UK’s exit from the EU.
  • The intention is to develop a system which draws on existing government data, for example, employment records held by HMRC will be checked, which will, for the majority, verify residence as a worker.
  • The fee for applying for this status will not exceed the cost of a British passport (currently £72).
  • The process will ask applicants to submit a photograph. EU citizens will not be asked for other biometric data such as fingerprints. 
  • Those who already hold a valid EEA permanent residence document will be able to utilise a simple process to exchange this for a settled status document, subject to ID verification, submission of a photograph, a security check and confirmation of ongoing residence.  The intention is to charge a reduced fee to those individuals. 
  • The UK authorities will work with applicants to help them avoid any errors or omissions that may impact on the application decision. Caseworkers will give applicants the opportunity to furnish supplementary evidence or remedy any deficiencies where it appears a simple omission has taken place. 
  • The UK authorities will establish an administrative review mechanism to quickly resolve any case-working errors. Beyond this, applicants will have recourse to an independent judicial authority. They will be able to remain in the UK pending conclusion of the appeals process, unless a deportation decision is made, or the individual is in the UK in breach of a deportation or exclusion order.

Read the full paper on the Gov.UK website

Frequently asked questions

To support your conversations with staff, we have produced a set of frequently asked questions surrounding the implications of Brexit on EU staff. The responses have been drafted in collaboration with legal healthcare specialists, Captsticks LLP.

Together with Capsticks, we will regularly update the FAQs, but if there are any questions that are not covered, email your query to workforcesupply@nhsemployers.org. You can also sign up to our workforce bulletin for further updates.


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