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Case study: Example case studies: EU citizens' rights in the UK

Updated: Updated case studies.

After the UK leaves the EU, EU citizens’ residence status in the UK will depend on how long they have lived here and whether they arrived by the end of the implementation period on 31 December 2020, following our exit from the EU.

More details about the UK government’s offer to EU citizens: Status of EU citizens in the UK: what you need to know.

‘Andriana’ will have been resident in the UK for 10 years when the UK leaves the EU

Andriana is a Greek national who will have been resident in the UK for 10 years when we leave the EU on 29 March 201... 9.

Andriana will continue to have the right to exercise her free movement rights to live and work in the UK up to the end of the implementation period on 31 December 2020. As Andriana has been living continuously in the UK for over 5 years (without an absence of more than 2 years after that 5 years), she also immediately qualifies for settled status, subject to criminality and security checks.

This means she can apply for settled status under the new UK scheme once it is open. Once she has received her status she does not need to do anything further after the UK leaves the EU. Andriana will have successfully obtained her immigration status in UK law.

It’s OK if Andriana doesn’t immediately apply for settled status. She can remain in the UK after exit and continue her activities during the implementation period. However, she must apply to the Home Office by 30 June 2021 for permission to stay if she intends to carry on living in the UK afterwards.

‘Christophe’ arrived before the UK’s exit but won’t have been resident in the UK for 5 years when we leave the EU

Christophe is a French teacher who arrived before the UK’s exit from the EU and will have been resident in the UK for 4 years at the point the UK leaves the EU in March 2019.

After the UK leaves, Christophe will be able to continue to live and work in the UK until 30 June 2021 without having to make an application. As soon as Christophe has been resident for 5 years, he will be entitled to apply for settled status which will allow him to settle in the UK permanently.

‘Lukas’ arrived before the UK’s exit but won’t have been resident in the UK for 5 years by the end of the implementation period

Lukas is an Austrian national who came to work in the UK before the UK’s exit from the EU.

After the UK leaves the EU, Lukas will be able to continue to live and work in the UK during the implementation period without having to apply for any permission.

He will have been resident in the UK for 3 years by the end of the implementation period. He must apply to the Home Office for a temporary residence status by 30 June 2021 if he wishes to continue to live in the UK. This will enable him to continue lawfully living and working in the UK until he meets the 5-year threshold.

Once Lukas has been resident for 5 years he will be entitled to apply for settled status which will allow him to settle in the UK permanently.

‘Audra’ and ‘Ignas’ qualify for settled status and are expecting a baby

Audra and Ignas moved to the UK from Lithuania in 2015. They are married and are expecting a baby later in 2018.

After the UK leaves the EU, Audra and Ignas will be able to stay in the UK as now during the implementation period until December 2020 without having to apply for permission to do so. Once they have been resident for 5 years, in 2020, they will be entitled to apply for settled status which will allow them to settle in the UK permanently.

When their child is born later this year, their son or daughter will also have the opportunity to stay permanently in the UK. Once they get settled status, Audra and Ignas will need to apply for settled status on their child’s behalf. Or they can instead choose to register their child as a British citizen.

‘Agnieszka’ is intending to study in a UK university

Agnieszka is a Polish national who has lived in England since February 2017 and is intending to stay here and apply to study at an English university after the UK has left the EU. Prior to arriving in the UK, Agnieszka had lived in Poland for her entire life.

Under existing student finance rules (and assuming she meets relevant eligibility requirements), Agnieszka will be awarded home fee status and will be able to access a fee loan, both of which will continue for the duration of her course. Under the relevant eligibility requirements, Agnieszka needs to have lived in the EU for 3 years prior to study to qualify for a tuition fee loan and home fee status.

The UK intends to maintain Agnieszka’s entitlements to student support and home fee status once we leave the EU, in line with persons settled in the UK.

‘Sabine’ arrived after the UK’s exit from the EU but before the end of the implementation period

Sabine is a German national who comes to work in the UK after the UK’s exit from the EU on 29 March 2019, but before the end of the implementation period in December 2020. Sabine will be able to live and work in the UK as now, but she will have to register after 3 months in the UK.

Sabine will be able to continue her life in the UK beyond the end of the implementation period if she applies to the Home Office for a temporary residence status by 30 June 2021. This will enable her to continue lawfully living and working in the UK until she meets the 5-year threshold to apply to settle permanently.