Theresa May made her first proposal since formal negotiations began over Brexit yesterday dealing with the issue of EU Nationals. Immigration matters over EU Nationals is one of the key highlights of the separation.

Her announcement yesterday was that EU Nationals living in the UK for 5 years would get “settled status” to the UK with access to health, education and other benefits. At present an estimated three million EU citizens living in the UK would be allowed to stay after Brexit. She explained that she did not want anyone to leave or families split up. What is not clear is what will be the cut-off date for new residents after which the guarantee will no longer apply. Will it be the date that Article 50 was triggered or the date when we actually leave the EU. It is expected that a further announcement shall be made on Monday.

Those who would not be eligible would be entitled to leave or secure visas within a grace period which is expected to be two years.

At present the process of applying for a settled status involves a complex 85 page permanent application form together with substantial supporting evidence. It is proposed that this will be streamlined, however what will the cost be? Arif Khalfe, Director and Head of Immigration believes that the cost of applying for such a status could be substantial in comparison to the cost at present which is £65 to make it in line with the other application fees. He suggests that anyone who is thinking about applying for settled status should do this earlier than later and to remove the level of uncertainty.

For further information relating to the points raised in this article, please contact Arif Khalfe.

Please note this information is provided by way of example and may not be complete and is certainly not intended to constitute legal advice. You should take bespoke advice for your circumstances.

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