Post-Brexit status of EU citizens

While Brexit negotiations continue and the country faces ongoing uncertainty, the government has now published its "Statement of Intent" setting out how the settlement scheme is likely to operate in the UK for EU nationals, and their family members, following Brexit. This has provided helpful clarity but concerns remain that some children and young people may struggle to engage with the scheme.

EU rights of residence

Currently, when an EU citizen arrives in the UK they have an initial right to stay for three months. After three months, they can continue to reside in the UK lawfully as a "qualified person exercising their treaty rights" if they are working; self-employed; studying, self-sufficient or retired (and have comprehensive sickness insurance); or looking for work. When they have been exercising their treaty rights continuously for five years, they acquire the rights of "permanent residence" under EU law and are considered by the government to be "settled" in the UK. Family members, such as spouses, civil partners, children and grandchildren can enter with or join them, even if they are not EU nationals themselves, and can acquire permanent residence in line with them. Extended family members (such as unmarried couples, nieces and nephews) who are dependent on an EU national may also have these rights. Once an individual has had permanent residence for one year, they can apply for British citizenship.