The rights of
EU citizens:
Agreement reached

11 December 2017

After many months of negotiation, the UK government has finally reached an agreement with the European Commission on citizens’ rights.

The Withdrawal Agreement seeks to protect those EU citizens who have been exercising free movement rights in the UK and live here at the time of the UK’s withdrawal from the EU on 29 March 2019. Although the agreement does not meet with universal approval, it does at least provide clarity in relation to the following:

•  29 March 2019 –  The ‘cut-off’ date. Those EU nationals who arrive before the date of the UK’s withdrawal from the EU and have been continually residing for five years prior to the UK’s withdrawal will be able to apply to stay indefinitely and acquire ‘settled status’.
• Not acquired five year residence? – People who arrive by 29 March 2019 but have not resided lawfully for five years by the time the UK leaves the EU will be able to apply to stay until they have reached the five year threshold. They can then apply for settled status.
• Family members – The agreement also applies to family members who are living with, or join, EU citizens in the UK by 29 March 2019. They will also be able to apply for settled status after five years in the UK.
• Close family members – Provisions have been included to enable close family members to join EU citizens after the UK’s exit.  Close family members include spouses, civil partners and unmarried partners, dependent children and grandchildren, and dependent parents and grandparents
• Arriving after 29 March 2019 – EU citizens who arrive in this country after the UK’s withdrawal will be entitled to live, work and study. How long this period lasts is subject to negotiations, but it is likely to be around two years.
• Healthcare & benefits – EU citizens residing in the UK with either settled status or temporary permission to stay will be entitled to continue to gain access to healthcare, pensions and other benefits.
• Five years – To gain settled status in the UK, EU nationals will need five years of continuous and lawful residence in the UK as a worker, self-employed person, student, self-sufficient person, or family member of an EU citizen.  They will not be required to hold comprehensive sickness insurance regardless of what activity they have been undertaking in the UK.
• New online application system 2018 – Before the UK leaves the EU, the government intends to enable EU nationals to apply for settled status via a new online application system. The fee for applying for settled status will be no more than the cost charged to British citizens for a UK passport and will be free to those EU nationals already in possession of a permanent residence document.
• UK employers – If your business employs EU citizens, no action is required on your side ahead of the UK’s withdrawal. After the cut-off date, EU citizens will be given at least two years to apply for a document to prove they have permission to work legally in the UK. Until this time, businesses should maintain their existing HR processes and procedures.
• UK nationals – The Withdrawal Agreement incorporates reciprocal protections for UK nationals living in the EU. As such, the 27 EU Member States may require UK nationals and their family members covered by the agreement to apply to obtain a status conferring the right of residence and/or obtain a residency document.

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