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Following the Referendum Vote in June 2016 for the UK to leave the EU, the status of EEA nationals in the UK and those wishing to travel to, and live in the UK has not currently changed. Indeed, the status will continue until Article 50 TEU negotiations are completed.

So, the question is what does the future hold?

The European Union (Withdrawal Agreement) Act 2020 has passed parliament and therefore the UK will leave the EU on 31 January 2020. Under the negotiated withdrawal agreement, the UK–EU relationship will enter a transition period from 1 February.

During the transition period the EU will treat the UK as if it were a member state, except that the UK will not participate in EU institutions and governance structures.

Therefore, it is paramount for an EU, EEA or swiss national (including the family) to make an application under the EU Settlement Scheme to continue living in the UK. The deadline for applying is 31 December 2020.

However, those who are Irish citizens or have indefinite leave to remain (ILR) may be able to stay in the UK.

For sure during the pendency of negotiations, it is strongly advised that all those EU nationals and their families to obtain the official documentation i.e. permanent residence, if not already obtained!

On EEA Nationals, the following factors continue to be relevant:

  • Who are EEA nationals
  • What is their immigration status
  • Rights under EU law
  • The Immigration (European Economic Area) Regulations 2016
  • Chart Cross – referencing Key aspects of the 2016 Regulations and 2004 Directive
  • Brexit

Team MT UK (Immigration & Human Rights) – Department, experts on EEA Nationals permanent stay, can properly advice and assist you in this developing area.