Since the Brexit referendum in June 2016, the UK’s departure from the European Union has created significant changes, particularly in areas like immigration law, free movement, and trade deals.
The UK officially left the EU on 31st January 2020, followed by a transition period that ended on 31st December 2020. These changes have had a lasting impact on EU, EEA, and Swiss nationals living in or planning to move to the UK.
One of the most critical distinctions is between EU citizens who arrived or applied to live in the UK before 31st December 2020 and those who arrived after this date. Irish citizens, however, retain their rights to freely enter, live, and work in the UK and do not need to apply for settlement status.
EU, EEA, or Swiss Nationals who arrived in the UK before
If you are an EU, EEA, or Swiss national and arrived in the UK before 31st December 2020, you were eligible to apply to the EU Settlement Scheme (EUSS) until 30th June 2021. This scheme was designed to protect your rights to live, work, and access public services in the UK. Even if you had previously obtained permanent residence status, you still needed to apply under the EUSS.
Citizens of Iceland, Norway, Liechtenstein, and Switzerland were also eligible to apply. To qualify, you needed to have started living in the UK by 31st December 2020, unless you were joining a close family member who was already under the EUSS or eligible to apply.
How to Apply to the EU Settlement Scheme
The application process was free and could be completed online or via the EU Exit: ID Document Check app. Here’s a step-by-step breakdown of the process:
Download the App: Use the official UK government app, EU Exit: ID Document Check, to start your application.
Scan Your Passport: Take a clear photo of your passport’s photo page.
Scan the Passport Chip: Hold your phone over your passport to scan the embedded chip.
Facial Scan: Use the app to scan your face, ensuring your face is fully visible.
Submit Your Application: Once completed, your application will be processed, and you’ll receive either settled or pre-settled status.
Successful applicants gain the right to:
Work in the UK
Access the NHS for free
Enrol in education or study
Claim public funds (if eligible)
Travel in and out of the UK
Settled vs. Pre-Settled Status: What’s the Difference?
Settled Status: Granted to those who have lived in the UK for five continuous years by the time they apply. This status allows indefinite leave to remain in the UK.
Pre-Settled Status: For those with less than five years of residency. This status allows you to stay until you reach the five-year mark, after which you can apply for settled status.
Right to Work in the UK
If you applied to the EUSS by 30th June 2021, you could start working while your application was being processed. Employers could verify your right to work by contacting the Home Office. However, failing to apply by the deadline risked losing your rights to live, work, rent, and access free healthcare in the UK.
Until 30th June 2021, you could prove your right to work using your passport or national ID card. After this date, you needed to use your settlement status through the online Right to Work Service.
EU, EEA, or Swiss Nationals Who Arrived in the UK After 31st December 2020
If you arrived in the UK after 31st December 2020, you are no longer eligible for the EU Settlement Scheme. Instead, you’ll need to apply for a visa under the UK’s points-based immigration system. This system governs how non-UK nationals can live and work in the country.
Which Visa Should You Apply For?
The most common visa for skilled workers is the Skilled Worker Visa. To qualify, you’ll need:
A job offer from a UK employer with a valid sponsorship license
The job must meet the required skill and salary thresholds
Proof of English language proficiency
Other visa options include:
Intra-Company Transfer Visa: For employees transferring to a UK branch of their company
Family Member Visa: For those joining family members in the UK
Global Talent Visa: For individuals with exceptional talent or promise in specific fields
Get Expert Legal Advice on Immigration Matters
At MSD Solicitors, we specialize in immigration law and have helped thousands of clients navigate the complexities of Brexit and the UK’s evolving immigration system. Whether you need assistance with the EU Settlement Scheme, Skilled Worker Visa, or any other immigration route, our dedicated team is here to help.
We understand the stress and uncertainty that Brexit has caused, and we’re committed to providing clear, tailored advice to ensure you retain your rights and meet all legal requirements. Contact us today to discuss your unique circumstances and secure your future in the UK.
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