As an EEA National living in the UK, it’s crucial to understand your immigration rights. The UK’s exit from the European Union (EU) has brought about significant changes to the immigration system, affecting the rights of EEA Nationals residing in the UK. This article aims to explain these rights in detail, providing you with the necessary information to navigate the UK’s immigration system effectively.
Understanding the Basics: Who is an EEA National?
An EEA National is a citizen of an EEA (European Economic Area) country. The EEA includes all EU countries and also Iceland, Liechtenstein, and Norway. Switzerland, while not part of the EEA, has similar arrangements with the EU, so Swiss nationals have similar rights to EEA Nationals.
EEA Nationals’ Immigration Rights in the UK
Before Brexit, EEA Nationals had the right to live, work, study, and access public funds and services in the UK. However, the UK’s exit from the EU has changed these rights. Here’s what you need to know:
- Right to Stay: EEA Nationals who were living in the UK by 31 December 2020 should apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021.
- Right to Work: If you have been granted settled or pre-settled status under the EU Settlement Scheme, you have the right to work in the UK.
- Right to Study: EEA Nationals with settled or pre-settled status can access education in the UK.
- Right to Access Public Funds: Those with settled status can access public funds. Those with pre-settled status can only access public funds if they were doing so before 31 December 2020.
EU Settlement Scheme: Settled and Pre-Settled Status
The EU Settlement Scheme allows EEA Nationals and their family members to continue living in the UK after 30 June 2021. The scheme offers two types of status: settled and pre-settled.
- Settled Status: You can apply for settled status if you’ve lived in the UK for a continuous 5-year period. This status gives you the right to live, work, and study in the UK indefinitely.
- Pre-Settled Status: If you haven’t lived in the UK for 5 years, you can apply for pre-settled status. This allows you to stay in the UK for 5 years, after which you can apply for settled status.
EEA Nationals Arriving in the UK After 31 December 2020
EEA Nationals who arrive in the UK after 31 December 2020 will be subject to the UK’s new points-based immigration system. They will need to meet specific requirements and obtain a visa to work, study, or join family in the UK.
Family Members of EEA Nationals
Family members of EEA Nationals living in the UK by 31 December 2020 can apply to the EU Settlement Scheme. They can apply even if they arrive in the UK after 31 December 2020, as long as the relationship existed by 31 December 2020 and still exists when they apply.
Conclusion
Understanding your immigration rights as an EEA National in the UK is crucial, especially in the post-Brexit era. Whether you’re already living in the UK or planning to move, it’s essential to stay informed about your rights and the necessary steps to secure your status in the UK.
