Immigration update: United Kingdom | Temporary Leave to Remain

Temporary Leave to Remain (Euro TLR) Scheme for EEA and Swiss Nationals arriving after 31 October 2019

Preparations for a No Deal Brexit continue to develop and the UK Government has now issued the outline of the TLR Scheme which will be available to EEA and Swiss Citizens entering the UK after 31 October in a No Deal scenario.

Who will be affected?

• EEA and Swiss citizens and their family members planning to come to the UK after 31 October 2019 but before 31 December 2020

Background

The current deadline for the UK to leave the European Union (Brexit date) is 31 October 2019. The UK government has negotiated a deal to pave the way for a managed exit, (the Deal), but this Deal has not been approved by the UK Parliament.

As a result, the UK is currently on track to Brexit without a Deal in place, which means the UK will not be bound by the timetable for transitional arrangements on trade, immigration and other areas of relations with the EU and its member states.

The Euro TLR scheme provides a transition period between the Brexit date and the date the UK Government intends to end freedom of movement for EEA and Swiss Citizens.

Impact

• Under a No Deal Brexit, freedom of movement per se will not end on 01 November 2019, however in effect there will be a new immigration category to provide for a transitional period.
• After 31 October 2019 EEA and Swiss Nationals who are new arrivals will no longer have an automatic right to residency under EU law as this will cease to operate in the UK.
• EU Citizens will still be able to come to the UK without a prior visa for short trips of up to 3 months.
• EU/EEA and Swiss Citizens wishing to stay longer than this, who arrive after 31 October 2019, will have to follow the new Euro TLR rules.

Implementation

• EEA and Swiss Nationals arriving after 31 October 2019, and before 31 December 2020 will not be covered by residual EU law in the UK and will therefore not be eligible for the EU Settlement Scheme. The Euro TLR programme will provide a route for such individuals to settle in the UK under the new Immigration Rules that will be established for all migrants to the UK.
• Eur TLR will be made available after the UK leaves the EU and will consist of an online registration process encompassing ID, security and criminality checks.
• Applicants will be issued a digital status valid for 3 (three) years which will permit them to work, and rent property in the UK.
• In order to stay beyond those 3 years, individuals will then have to apply under the appropriate extension or settlement route available to them in the UK’s Immigration Rules at the time.

Next Steps (or) Actions Required

• EEA citizens and their family members currently in the UK are strongly urged to register in the EU Settlement Scheme as soon as possible as this is the mechanism by which time accrued in the UK will be officially recognised and, therefore, it is the basis on which their legal status in the UK is formalised for future reference.
• EEA and Swiss Citizens who are arriving after 31 October 2019 should use the Euro TLR scheme to formalise their status and apply for the 3 year TLR digital status.

Santa Fe Analysis

• Santa Fe UK Immigration can assist EEA individuals and their family members who are already in the UK by 31 October 2019 and who wish to secure their ongoing residency in the UK via registration on the EU Settlement Scheme, and we have already acted on instructions from several clients to do so.
• Santa Fe UK Immigration can provide advice to EEA and Swiss nationals and their family members who arrive after 31 October 2019 (and their employers) closer to their time of travel.

Should you have any questions, please contact the following:

Koshi Blavo Barna
UK Head of Immigration
Santa Fe Relocation
Tel.:     +44 (0) 203 457 3595
Email:   ukimmigration@santaferelo.com

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