Who will be allowed to stay in the UK after Brexit? A guide for EU citizens

Based on what we know so far from Brexit negotiations between the EU and the UK, although it’s clear that Brexit will bring an end to freedom of movement, many Romanian and other EU citizens will be able to continue living in the UK after the country leaves the bloc, but only if they meet certain criteria, according to davidsonmorris.com.

In short, EU citizens have two main options that will allow them to stay in the UK after Brexit (March 31, 2019): applying for settled status or naturalising as a British citizen. Those currently living in the UK should make sure they know what the best option is for them and find out what steps to take next, even though Brexit negotiations are still ongoing and some changes might be made to the rules in the near future.

Read about the requirements you need to meet for each of these options below:

Settled Status

Until now, European citizens could automatically acquire Permanent Residence after spending five lawful years in the UK. This was also a pre-requisite for applying for British citizenship. EU nationals with permanent residence will be able to remain in the UK.

The UK government’s latest proposal in Brexit negotiations will also require all EU citizens in the UK to apply for “settled status”. Those who applied for Permanent Residence after the referendum will be required to also register their settled status.

EU citizens will apply for settled status online and join a register, which will directly access tax collection records for information relating to incomes. Details are not yet available on how exactly the system will work. EU citizens may apply in advance of Brexit, voluntarily.

To avoid a surge in applications immediately after Brexit, there will be a two-year grace period for EU nationals to make their settled status application and demonstrate the required five years residence.

All EU nationals resident in the UK prior to a yet-to-be-agreed cut-off date will be granted temporary leave to remain in the UK and build up five years’ continuous residence. The cut-off date will be no earlier than March 2017, when the UK triggered Article 50, but no later than March 2019 when it will actually leave Europe.

Those arriving after the cut-off date would be given a “grace period”, expected to be two years, to obtain a work permit or return to their home country. Permanent residence may remain a settlement option for this group, but there are no guarantees on this yet.

Proposals might still change as negotiations have not yet been finalised. There are still uncertainties for people working in low skilled jobs or people who are married to other EU citizens, for example.

Those who arrive in the UK after Brexit will be subject to the new system for EU nationals in the UK.

UK Citizenship

British Citizenship can be obtained by individuals of any nationality as long as they meet the following criteria:

They have been in the UK for 6 or more years;
During their time in the UK, they must have been exercising Treaty Rights (working, self-employed, a student, etc.);
They meet the residence requirements, which include an assessment of their absences from the UK and where they intend to live after applying for citizenship;
Passing a Life in the UK Test (GBP 50);
Passing an approved English Language Test/have an approved degree or being a national from a majority English-speaking country;
Meeting the “good character” guidance – no recent/serious criminal convictions, no bankruptcy, no association with people considered to have “bad character”

Applicants must pay a Home Office fee of GBP 1,300.

Once you’ve met all the requirements for Naturalisation and obtained your naturalisation certificate, you will then be able to make an application for a British passport. Dual citizenship (also known as dual nationality) is allowed in the UK.

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