Changes to the Immigration Rules: part 3 of 3 – The EU Settlement Scheme and a ‘no deal’

Following a trial period, the EU Settlement Scheme will fully open from 30 March 2019. At present, unless there is a no deal Brexit, there is no change to the rights and status of EU citizens currently living in the UK and this will remain the case until 30 June 2021.

Should EU citizens wish to remain in the UK after this date, they will need to apply for settled or pre-settled status using the scheme. Once the UK leaves the EU, settled and pre-settled status allows EU nationals currently residing in the UK to remain after 30 June 2021. EU citizens must be living in the UK by 31 December 2020 to apply under the scheme.

If the UK leaves the EU without a deal, any EU nationals wishing to apply for pre-settled status must be living in the UK by 29 March 2019. Should the UK leave the EU without a deal, the period in which EU citizens will be able to remain in the UK will end on 31 December 2020.

Should you require assistance with applying for pre-settled /settled status, please do let us know.

Tier 2

The minimum salaries which employers have to pay to sponsor people (as prescribed by the standard occupational codes of practice) under Tier 2 have been increased. Further, if you are a Tier 2 migrant wishing to apply for settlement, after 6 April 2019 you must be earning a minimum salary of £35,800 to qualify. This trend is set to continue, with the minimum salary increasing to £36,200 after 6 April 2021 and further increases due to take effect in the following years.

Tier 4 students can now apply to switch into the work permit category Tier 2 up to 3 months prior to the completion of their course.

*NB – Please note following the recent delay to Brexit, in the event of a no deal the date in which EU nationals must be residing in the UK to apply for settled or pre-settled status is 12 April 2019.

For further information, please contact any member of the Immigration team.

Please note that this blog is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this blog.

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