This afternoon – 29 March 2019 – was due to be the day the UK left the EU. Instead, Members of Parliament have been spending the day voting and have, once again, failed to vote in favour of the draft Withdrawal Agreement concerning the UK’s departure from the EU.
As matters currently stand, the UK is due to leave the EU on 12 April 2019 – the exit day having been pushed back following negotiations with the EU – without an agreement with the EU. This is unless action is taken to prevent that from happening, for example, by way of an extension to Article 50.
If the UK does leave the EU on 12 April 2019, and if there is no change in the UK’s position on migration, EU nationals coming to live in the UK after that date will be subject to UK domestic legislation. They would be able to enter the UK for up to three months initially and would then have to apply for European Temporary Leave to Remain, which would be granted for up to three years. Thereafter, they would need to make an application under the UK’s immigration system.
EU nationals living in the UK before 12 April 2019 would continue to be able to make an application under the EU Settlement Scheme.
If the UK does not leave on 12 April 2019, then EU nationals will continue to be able to make applications under both EU law and under the EU Settlement Scheme until the UK does leave the EU (if that happens).
We have updated our Brexit Immigration Analysis in order to provide guidance for EU nationals who are living in the UK and those who are considering moving to the UK. It also contains information on how to make an application and on the various scenarios that may arise.