'No-deal' statement
of changes to
Immigration Rules

25 October 2019

Somewhat belatedly, a new statement of changes to the immigration rules was released yesterday in the event the United Kingdom leaves the European Union on 31 October 2019 without a deal.

In summary, the ‘no-deal’ immigration changes set out in the 86 page statement include:

• Applying UK conduct and criminality thresholds to both the pre-exit and post-exit conduct of European Economic Area (EEA) citizens and their family members moving to the UK after Brexit;
• Providing access to the EU Settlement Scheme for certain categories of family members joining an EEA citizen resident here before Brexit; and
• Establishing the European Temporary Leave to Remain Scheme, for EEA citizens, and their close family members, moving to the UK after a ‘no deal’ Brexit.

EU Settlement Scheme

According to the explanatory memorandum presented to Parliament yesterday, the deadline in a ‘no deal’ scenario for applications by existing family members overseas at Brexit, who wish to rely on pre-exit residence in the UK in applying for status under the EUSS, will be 31 December 2020.

This will also be the deadline, in that scenario, for applications by those in the UK at Brexit with scope in any case for a late application by a person with reasonable grounds for missing the deadline.

European Temporary Leave to Remain Scheme

The scheme (see previous article) will enable EEA citizens, and their close family members, moving to the UK after a ‘no deal’ Brexit and before the start of the new points-based immigration system from January 2021, to obtain a UK immigration status so that they can continue to work or study here as they do now, for a temporary period.

In the event a no-deal Brexit takes place next week, the statement of changes to the immigration rules published on the 24 October 2019 can be fully scrutinised here.

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