The UK left the EU on 31^st January 2020 and is now in the transition period, also known as the implementation period. This is due to end on 31^st December 2020.

The Government’s position is that EU nationals who move to the UK to live, work and study from 1^st January 2021 onward will need to obtain immigration permission, in much the same way as non-EU nationals do now.

A new immigration system for the UK is currently being designed. Anybody who applies for the EU Settlement Scheme must be able to prove they have lived in the UK before 1^st January 2021.

The EU Settlement Scheme is a free process by which EU nationals who are resident in the UK can apply for pre-settled status (also known as limited leave to remain) or settled status (also known as indefinite leave to remain).

Obtaining settled status, which is granted to EU nationals who can show that they have lived in the UK for at least five years, means that the individual is free from immigration control and does not have to make any further immigration applications (as long as they do not leave the UK for more than five consecutive years, or four years for Swiss citizens). Those with settled status have the same rights to live, work, healthcare and welfare as UK citizens.

EU nationals who have not lived in the UK for five years can obtain pre-settled status. They will have to make a further, free, application under the EU Settlement Scheme for settled status once they have lived in the UK for five years (if they wish to remain). While they have presettled status, they have the right to live, work and healthcare in the UK.

Those with pre-settled or settled status can view and provide evidence of their status via an online tool.
 

Those who do not have a national insurance number, and this may include newly arrived students, will need to review the documents that can be provided to demonstrate that they are living in the UK.

There is no minimum residence requirement. As long as the applicant is living in the UK when the application is made, has a UK address and can provide a national insurance number or meet the documentary requirements, the application will be successful. This is providing the application does not fall for refusal based on criminality grounds. If the applicant lives in the UK but is temporarily abroad, they may be able to submit their application from overseas.

EU students who move to the UK before 1^st January 2021 will be able to make an EU Settlement Scheme application. This applies even if their course won’t commence until later on. They must submit their application before 30^th June 2021. Importantly, this group of EU students will not have to apply under the new immigration system and the education provider will not have to treat them as a sponsored student.

Anybody who applies for the EU Settlement Scheme must be able to prove they have lived in the UK before 1^st January 2021.

Example 1:
Karl is a German national. He moves to the UK on 28^th December 2020 to commence a three-year course of study starting on 8^th January 2021. As long as he has a UK address and meets the documentary and criminality requirements, Karl will be able to apply for pre-settled status, commencing his application via the app. The process is free and generally fast and simple. Karl’s pre-settled status will enable him to study in the UK without needing to complete any further immigration applications. If Karl’s wife and children move to the UK with him, they will also be able to apply for pre-settled status. Karl (and his family) will be able to work/study without restriction and will be able to obtain settled status after five years, again at no cost (based on current legislation).

In order to ensure you will be able to provide the correct proof of residency you may wish to
arrive a few days before the year-end.

As explained above, a new immigration system is being designed which will cover EU and non-EU nationals who come to the UK from 1^st January 2021. Whilst the specific details are still to be published by the Government, EU students who move to the UK from 1^st January 2021 for longterm study will need to be sponsored and obtain a visa. They will need to pay visa and other associated fees, which can be considerable.

Example 2:  Maria is a Italian citizen. She is intending to move to the UK on 2^nd January 2021 to commence the same course of study on 8^th January 2021 as Karl. Maria will therefore miss the cut-off date under the EU Settlement Scheme. She will need to obtain a visa. She will also need to pay the Immigration Healthcare Surcharge and will not have the same rights to remain or work in the UK as Karl.

EU students who are already living in the UK can and should make an application under the EU Settlement Scheme as soon as possible to maintain their current immigration status.

EU students should make their application as soon as possible to avoid a delay if there is a last-minute surge in applications. It will also enable them to be able to clearly demonstrate their right to be in the UK. Whilst EU nationals are automatically entitled to work, live and study in the UK, as long as they have arrived before 1^st January 2021, some employers, landlords, etc. may not be aware of that and may ask for specific confirmation.