Right to live and work in the UK following Brexit

The below advice follows the United Kingdom’s exit from the European Union on 31 December 2020. Following this date, the UK's participation in the EU's free movement of people and goods has ended. This document provides information on the government process eligible EU, EEA or Swiss citizens need to follow should they wish to remain living and working in the UK after 30 June 2021.

Support from Liverpool Hope University

We understand that for staff who are affected by the changes and/ or staff who know someone who is affected, the current uncertainty around next steps may seem worrying. As a University we recognise that this will be a challenging time for many in our campus community, particularly those from the EU or EEA who may be feeling particularly vulnerable. We wish to stress to all employees that they have our full support following BREXIT and we are here to offer help and guidance should staff feel they need it. Should staff have any questions, queries or require any assistance from the organisation please do not hesitate to speak Karen Jones in Personnel, or email on jonesk1@hope.ac.uk. Queries can be sent confidentially and Personnel will not request additional information.

At Liverpool Hope University we understand that our staff are an important part of the Hope community. We want to ensure that all staff are supported and have the most relevant and up to date information. The below provides practical advice and guidance to staff who seek further information on EU, EEA or Swiss citizens who wish to live and work in the UK following the UK’s exit from the EU.

Settled Status following BREXIT

From 31 December 2020 to 30 June 2021, the rights of EU, EEA or Swiss citizens living in the UK before 31 December 2020 at 23.59pm will remain the same. However, due to BREXIT all EU, EEA or Swiss citizens without indefinite leave to enter or remain in the UK will need to apply for and be granted Settled or Pre-Settled Status before 30 June 2021, if they wish to remain living and working in the UK after this date.

It is highly encouraged that all EU, EEA or Swiss citizens, without indefinite leave to enter or remain that wish to remain and work in the UK, should have already started their application. The Home Office have outlined that there are delays due to a back log of information. If individuals wanting to apply who have not already done so they should do so as soon as practically possible. Individual will not be able to start an application after 30 June 2021 without exceptional circumstance.

Individuals will not need to apply if:

have British or Irish citizenship (including ‘dual citizenship’)
have indefinite leave to enter the UK
have indefinite leave to remain in the UK

Otherwise, individuals will need to apply, even if:

they were born in the UK but are not a British citizen
have a UK ‘permanent residence document’. (These will become invalid after 30 June 2021)
are a family member of an EU, EEA or Swiss citizen who does not need to apply - including if they’re from Ireland
are an EU, EEA or Swiss citizen with a British citizen family member

If individuals have indefinite leave to enter or remain in the UK

Indefinite leave to enter or remain (ILR) are types of immigration status.

Individuals will usually have applied for indefinite leave to enter or remain and typically have a stamp in their passport or a letter from the Home Office. These could also have a ‘vignette’ (sticker) or a biometric residence permit. Individuals with this status can continue to live in the UK without applying to the EU Settlement Scheme. However, they can still apply if they choose to do so (and meet all the other conditions). Should this be successful this will change the individual’s status to ‘indefinite leave to remain under the EU Settlement Scheme’ - also known as settled status.

This means individuals with settle status should be able to spend up to 5 years in a row outside the UK without losing their settled status (instead of 2 years with the indefinite leave to enter or remain as they have now).

What is settled status?

EU nationals with 5 years’ continuous residence* in the UK by 31 December 2020 can apply for “Settled Status”. If these individuals have settled status they can stay in the UK indefinitely. Subject to parliament approval, if individuals have settled status, they should be able to spend up to 5 years in a row outside the UK without losing their status. To be eligible for settled status, usually individuals will need to have lived in the UK for at least 6 months in any 12-month period for 5 years in a row. Applicants need to provide proof of this when they apply.

Settled status will allow individuals to:

apply for British citizenship, if eligible
work in the UK
use the NHS
access public funds such as benefits and pensions, if eligible for them
travel in and out of the UK

Further entitlements for those that have settled status can be found via the following link:

Check here further entitlements for those that have settled status

If individuals are eligible to apply for settled status, any children that they have under the age of 21 will also be eligible to apply. They can complete their own application form, or alternatively individuals can apply on their behalf.

*Five years’ continuous residence means that for 5 years in a row individuals have been in the UK for at least 6 months in any 12 month period. Exceptions are; one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting) or Compulsory Military Service of any length.

What is pre-settled status?

Those with less than 5 years’ residency by 31 December 2020 can apply for “pre-settled status”

If granted ‘pre-settled’ status individuals can stay in the UK for a further 5 years from the date they get pre-settled status, but these must apply again and get settled status if they want to stay in the UK for longer than that.

Rights with settled or pre-settled status

Individuals will be able to:

work in the UK
use the NHS
enrol in education or continue studying
access public funds such as benefits and pensions, if eligible for them
travel in and out of the UK

If individuals have pre-settled status, they can spend up to 2 years in a row outside the UK without losing their status. Individuals will need to maintain their continuous residence if they want to qualify for settled status.

Application dates & key information

Applications for Settled and Pre Settled Status can be made now and must be submitted by 30 June 2021. Failure to apply by this date, will result in individuals being unable to live or work in the UK past 30 June 2021.

The government advise that applications should be submitted to allow time for queries and potential delays. It is recommended that applications which have not yet be completed are started and submitted as soon as possible.

Individuals can apply for the scheme using any device, for example, a laptop, Android device or iPhone.

Click here for a llink to the application process.

To complete the application, individuals will need proof of identity and proof of residence within the UK, unless they have a valid permanent residence document, or valid indefinite leave to remain in or enter the UK.

Please click here for further information of applying for the EU Settlement Scheme.

There is no cost for the application.

Summary – what do affected individuals need to do next:

Gain an understanding of how the above will affect them and their family
Understand what application form needs to be submitted i.e. Settled or Pre-Settled Status
Understand the application deadline dates
Submit the application form – providing enough time for query’s and delays
Speak with the Personnel Department if they have any queries or would like further guidance about the above.
Should individuals receive settled or pre-settled status, it is personal choice whether they would like to disclose this to personnel.
Click here to visit the Government website for further information

FAQ’s

Q – What about Irish nationals?

A - Irish nationals will retain the right to freely travel to, and work in, the UK under the Common Travel Area. They will not have to apply for Settled Status but can choose to do so.

Q – What about EU nationals who already have a permanent residence document?

A - These individuals will still need to apply for settled status to be entitled to remain, and work, in the UK. The permanent residence document can be used as proof of their residency when making their application.

Q – Are there other routes for EU nationals?

A – There are other VISA routes which can be explored however, these will have different requirement and time period allowances. There may also be a requirement to leave the UK under these options. If staff wish to explore these options please email Karen Jones in HR at jonesk1@hope.ac.uk

Useful Links or Telephone Numbers

For comprehensive and up to date information please visit the Government Website.
To access help or information on applications there is a government assistance line 0300 123 7379 (inside the UK) OR 0300 790 566 (If outside the UK). Monday to Friday 8am to 8pm, Saturday and Sunday 9.30am to 4.30pm.
Please click here for a link to the online form, where individuals can ask questions regarding the application process. (response is typically given within 5 working days)