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

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 before the cut-off date (date to be agreed).

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 5 years when the UK leaves the EU

Andriana is a Greek national who will have been resident in the UK for 10 years on 1 April 2019.

Andriana will continue to have the right to exercise her free movement rights to live and work in t... he UK up to the point that the UK leaves the EU. 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 suitability checks.

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

It’s ok if Andriana hasn’t immediately applied for settled status. She can remain in the UK after exit and continue her activities, during the grace period of blanket permission. However, she must apply to the Home Office for permission to stay before this grace period expires if she intends to carry on living in the UK afterwards

‘Christophe’ arrived before the cut-off date 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 cut-off date and will have been resident in the UK for 4 years at the point the UK leaves the EU.

After the UK leaves, Christophe will be able to continue to live and work in the UK during the grace period of blanket residence permission without having to make an application. Once Christophe has been resident for 5 years, which will be before the end of the grace period, he will be entitled to apply for settled status which will allow him to settle in the UK permanently.

‘Lukas’ arrived before the cut-off date but won’t have been resident in the UK for 5 years by the end of the grace period

Lukas is an Austrian national who came to work in the UK before the cut-off date. He will have been resident in the UK for 2 years before the cut off date.

After the UK leaves the EU, Lukas will be able to continue to live and work in the UK during the grace period of blanket residence permission without having to apply for any permission. He must apply to the Home Office for a temporary residence document if he wishes to continue to live in the UK after the grace period. 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 2017.

After the UK leaves the EU, Audra and Ignas will be able to stay in the UK as now during the grace period 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.

‘Aisha’ arrived after the cut-off date

Aisha is a German national who arrived in the UK after the cut-off date. She is self-employed and would like to settle in the UK. If the cut-off date is pre-exit, Aisha can still exercise her free movement rights to live in the UK until the UK leaves the EU.

However, once the UK leaves the EU, Aisha’s free movement rights will end. Like Christophe, Aisha will not be required to leave the UK when we exit the EU; she will be able to stay during the grace period – but she must apply for permission to stay (‘leave to remain’) here beyond that period. If Aisha successfully applies for permission to stay, she will be granted a temporary residence document.

If Aisha wishes to stay in the UK after her temporary permission expires, she will need to obtain further permission. Her eligibility for further permission will depend on the rules in force at that time. Unlike Christophe, she is not guaranteed to be eligible to apply for permission to stay in the UK permanently.

‘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.