What to Consider if you Plan to Visit the UK after Brexit
With Brexit on the horizon and with little clarity on the terms on which the UK will be leaving the European Union, you may have concerns over what your rights to enter the UK will be if you are an EEA national.
What is your current position?
At present, your rights of free movement within the EU continue to apply if you plan on entering the UK. This essentially means that as an EEA national, you can continue to enter the UK freely without a visa. You would simply need to hold a passport or national ID card for an EEA country at the border.
How your rights to enter the UK will change depends on the terms in which the UK leaves the EU, and if a deal can be made.
For tailored, up to date advice, speak with our immigration solicitors today.
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What happens if a deal is reached?
If the UK leaves the EU with a deal, your rights to enter the UK will continue to remain the same until 2021. How your rights change and whether or not you will need to apply for a visa depend entirely on the type of deal that can be agreed.
The deal proposed by PM Theresa May was rejected by MPs in January and an agreement has not yet been reached.
As such, the rights of EEA nationals to travel to the UK remain ambiguous in the event of a deal being reached.
What happens if the UK leaves without a deal?
If the UK leaves the EU without a deal, you will still be able to enter the UK as usual if you are an EEA citizen until any further provisions are put in place.
The government is intending to end free movement, however this has not yet been approved or finalised. If this does take place, EEA nationals will still be able to travel to the UK and remain here for 3 months. If you plan to stay in the UK longer than 3 months you would need to apply for European Temporary Leave to Remain in the UK.
Whether this will occur is still yet to be seen and depends on the circumstances in which the UK leaves the EU.
What about EEA Nationals already residing in the UK?
If you are an EEA National already residing in the UK, you are now able to apply for pre – settled status or settled status, depending on how long you have lived in the UK so far.
If you have lived in the UK for less than 5 years, you will need to apply for pre-settled status; you will be able to apply for settled status once you have completed 5 years residence.
Contact our immigration team for more information on your rights as an EEA national and the type of application you may be eligible to make.
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