HOW DOES BREXIT AFFECT ME IN CASE OF A DEAL OR NO-DEAL?
This text provides information provided by the Home Office and the Representation of the European Commission in the United Kingdom. This information is presented in the form of FAQ - Frequently Asked Questions, on Brexit, from how it may affect European citizens in the United Kingdom, analysing the different scenarios in which it may develop, i.e., with a withdrawal agreement ('deal') or without a withdrawal agreement ('no-deal').
Continuing to reside in the UK after Brexit
1. I live in the UK and intend to continue to do so after Brexit. What do I have to do?
After the Brexit date, all European citizens who wish to live, work or study in the UK (or continue to do so), will have to go through a new Home Office procedure called the "EU Settlement Scheme". Certified translation of foreign language documents may be required in some cases.
On the basis of the EU Settlement Scheme, two statuses will be granted:
• "settled status" or an indefinite residence permit, for those EU citizens and their family members who have been residing in the UK continuously for more than 5 years (it is necessary to prove residence in the UK for 6 months in a 12-month period).
• "pre-settled status" or temporary residence permit, for those EU citizens who have resided in the United Kingdom for less than 5 years.
2. What is the deadline for applying under the EU Settlement Scheme?
In case of a 'deal': EU citizens must apply for registration under the EU Settlement Scheme by 30 June 2021 if they wish to continue to reside in the UK. This requires the citizen to have been resident in the United Kingdom before 31 December 2020.
In case of a 'no deal': EU citizens must apply by 31 December 2020 if they want to continue living in the UK, but they will need to have been resident in the UK before the Brexit date.
3. Can I change my ‘pre-settled status’ to ‘settled status’?
Yes, the pre-settled status is valid for 5 years, so you will have enough time to accumulate 5 years of continuous residence in the UK. Once you have accumulated 5 years of residence in the UK without being absent for more than 6 months in a 12-month period, you can exchange your pre-settled status for the settled status free of charge.
4. How can I check my status?
For EU citizens, proof of 'settled status' or 'pre-settled status' will be in digital format via an online profile. No physical documents, certificates or cards will be issued.
You can check your ‘settled status’ or ‘pre-settled status’ using the following link: View and prove your rights in the UK.
EU citizens will be able to share this digital profile with employers and landlords by email by accessing the online profile: Prove your right to work to an employer
You will also be able to update your personal data, check your status and understand your rights.
IMPORTANT! From December 31, 2020, in the case of both a deal and no deal, employers, landlords, NHS, banks, Department of Work and Pensions (DWP) or immigration services may require you to have 'pre-settled' or 'settled' status.
5. If I'm under 21, do I have to register?
Yes, you must apply for pre-settled status if you are under 21 and want to continue to live in the UK after 31 December 2020. Minors can register in their own right (by presenting the corresponding proofs of residence, such as school certificates) or through their parents (a birth certificate or a document proving the family relationship will be required, and if it is in a foreign language, a certified translation will be necessary).
6. How do I apply?
The new registration system is fully available from 30 March 2019. The deadline for applications is 30 June 2021 in the case of a deal and 31 December 2020 in the case of no-deal.
App: EU: ID Document Check for Android and iPhone devices:
Through the Home Office App (for both Android and iPhone devices)
EU: ID Document Check you can scan your document and take a digital photo. By using this App you will not need to send your identity card by post.
The Brexit One Stop Shop of the Spanish Embassy in London wishes to support the Spanish people during this procedure. Those who wish or need to be assisted during the procedure can make an appointment.
By mail:
On the Home Office website you can enter your ID card details and upload a digital photo. You will then need to send your document by post in order to process your application.
If you want to apply from outside the UK, you will not be able to use this method.
Points enabled for the scanning of identity documents:
It is necessary to go to these points before starting your application. At these points you will be able to use the App. Afterwards, you must continue with your application through the Home Office website: Continue with your application.
7. Once I've been granted leave, for how long can I leave the UK?
Once settled status is obtained, a citizen may be absent from the UK for up to 5 years at a time without losing his or her status.
The 'pre-settled status' is a temporary residence permit that is valid for 5 years from the date it is granted. This scheme allows a period of 5 years for an EU citizen to apply for 'settled status' after 5 years of continuous residence in the UK.
It is important to note that in the case of pre-settled status, maximum absences of up to 2 years are allowed without losing the permit.
However, in order to apply for 'settled status', continuous residence in the UK for 5 years is required. Continuous residence is interrupted when the EU citizen is absent from the UK for more than 6 months in 12 months. If the year count is lost, the clock returns to 0, but it will be possible to apply for 'pre-settled status' if the EU citizen returns to the UK before 31 December 2020 in case of a deal, or before Brexit, in case no-deal.
8. Can EU citizen with "settled" or "pre-settled" status reunite his or her family members after Brexit?
In the case of a deal: spouses, partners, children or grandchildren (under 21, or over 21 but dependent), and dependent parents or grandparents of the EU citizen (whatever their nationality) may enter the UK at any time after Brexit, provided the relationship existed before 31 December 2020 and still exists at the time of entry to the UK (except for future children who may enter the UK at any time).
Other family members ('extended family members') can only be reunited if they are resident in the UK before 31 December 2020.
Non-UK family members of an EU citizen who are not resident in the UK must apply for a 'family permit' before entering the UK in order to enter or join their EU family member. Once in the country, they will have a period of 6 months from their arrival to apply for the 'pre-settled status' based on the "EU Settlement Scheme".
In case of 'no-deal': A maximum time limit is set for relatives of an EU citizen to be reunited with their family in the UK:
• Until 29 March 2022 for those close relatives (children under 21 and children over 21 but dependent, spouses and common-law partners, parents and grandparents) provided that the relationship existed before Brexit.
• Until 29 March 2022 for descendants born before Brexit.
• Until 31 December 2020 for spouses, domestic partners and other dependents whose relationship began after Brexit.
9. Should international students also apply on the basis of the EU Settlement Scheme?
Students who are currently in the UK or will be starting their studies after Brexit do not need to apply provided they will have completed their studies and intend to return to their home country or usual residence by 31 December 2020.
A passport issued by an EU Member State or a National Identity Card is sufficient evidence to study and continue to study in the United Kingdom until 31 December 2020.
However, you must apply for registration under the EU Settlement Scheme before the deadline if you intend to continue studying in the UK or start work after you have completed your studies.
Moving to the UK after Brexit
1. I want to start living in the UK after Brexit. What will I have to do?
In case of a deal:
All EU citizens wishing to enter the UK for work and residence may do so until 31 December 2020 and may apply on the basis of the
"EU Settlement Scheme". EU citizens wishing to enter the UK in 2021 will have to adapt to the future British immigration system. This system is very likely to require certified translations of any foreign-language documents that are necessary as part of the application.
In case of no deal
Those EU citizens who wish to arrive in the UK after Brexit Day but before 31 December 2020, will be able to enter without a visa and reside, work or study in the UK until 31 December 2020.
In the above case, those who wish to continue residing in the United Kingdom after 31 December 2020 must apply for a residence permit called "European Temporary Leave to Remain" (EURO TLR), which will allow them to reside in the United Kingdom for 36 months. After 36 months, if they wish to stay, they must make arrangements based on the future British immigration system.
Getting in and out of the UK
1. I live in the UK, want to travel to the EU and will not be back until after Brexit. Can I be refused entry if I have not yet applied under the EU Settlement Scheme?
Whether or not there is an agreement, EU citizens can enter and leave the UK using a National Identity Card or passport until 31 December 2020. This does not require UK residents to have applied for registration under the EU Settlement Scheme.
However, if you wish to register and need assistance during the procedure Spanish nationals can make an appointment with the Brexit One Stop Shop at the Spanish Embassy in London or at the Spanish Consulate in Edinburgh via email cog.edimburgo.bre@maec.es
2. How will tourists be able to get in and out of the UK? Will I need a passport if I travel after Brexit?
For the time being, and regardless of whether there is an Deal or not, EU citizens will be able to enter and leave the United Kingdom, whether resident or travelling as a tourist, either with a passport issued by any EU Member State, or with a National Identity Card, provided that it is valid for the entire duration of their stay. If no agreement is reached, the UK will phase out the use of the ID card as a travel document at some point during 2020, with a valid passport required for entry and exit.
Driving in the UK after Brexit
1. I have an EU driving licence, will I still be able to drive in the UK without any problems?
UK residents who started their stay with less than 67 years of age may continue to drive in the UK with a driving licence issued by a Member State until the age of 70. If you became a UK resident when you were over 67, you can continue to use your European driving licence for up to 3 years. You will then have to exchange your EU driving licence for a British one.
Visitors will still be able to use their European driving licence. After Brexit, in case of no deal, it will be necessary for the vehicle to have a Green Card or if it is not insured in the UK. The Green Card is the International Motor Liability Insurance Certificate.
2. I have a British driving licence, will I be able to continue driving in the EU?
Yes, valid and current driving licences issued by the UK authorities will entitle their holders to drive in the EU for a period of nine months from the date of the UK's withdrawal from the European Union. After this period, the general regulations will be applicable and licences issued by the British authorities will entitle the holder to drive in the EU for six months from the date of entry into any EU country or from the date of obtaining legal residence.
UK licence holders who will be staying in Spain after the date of withdrawal of their UK licence are advised to apply to exchange their licence for a Spanish licence before the withdrawal takes place.
Healthcare after Brexit
1. I live in the UK, will I still be entitled to healthcare after Brexit?
In case of a deal:
The right of EU citizens to continue to receive health care in the UK under the same conditions as at present is maintained until 31 December 2020. The right to health care will be independent of being registered or not and, what is more, medical staff will not have the right to make checks beyond asking for the passport or the health card which, in case of agreement, will remain in force.
In case of no-deal
In the absence of agreement, the UK and EU countries have taken steps to ensure that people can continue to access health care as they do now until at least 31 December 2020.
This means that visitors from the EU to the UK will be able to use their European Health
Insurance Card until at least 31 December 2020.
Professional qualifications after Brexit
1. Will I still be able to practise my profession in the UK? What about my professional qualifications?
In case of a deal:
For those who register under the EU Settlement Scheme, the regime derived from Union law will continue to apply until 31 December 2020 and no action would be required.
In case of no-deal
Recognition will be granted when requested before the Brexit date. For those arriving after that date, the United Kingdom has adopted a general system of recognition based on the equivalence of qualifications. The competent authorities in the UK are obliged to consider applications for recognition of Swiss and EEA qualifications, but are only obliged to grant recognition to qualifications that are comparable to UK requirements and standards in scope, level and content. In the case of both a deal and a no-deal, certified translations of your qualifications will usually be required by the requesting organisation.
Pets
1. I live in the UK, can you take my pet to the EU?
After the effective departure of the United Kingdom from the European Union, the United Kingdom will be considered as a third country for veterinary purposes. In this respect, the different regulations governing the requirements for introducing pets from non-EU countries will apply.
To bring a pet from the UK into the EU, you must enter with your pet through one of the ports or airports specifically authorised as Points of Entry of travellers, and declare that you are travelling with a pet, presenting the documentation of the same.
2. I live in the EU and want to bring my pet to the UK
There will be no change in the way the UK introduces pets from the EU or to or from non-EU countries. If your pet passport is not already in English, a certified translation may well be requested by border officials.
Mobile
1. Can I still use my English mobile phone in the EU?
In case of a deal
You will pay the same for mobile calls, text messages and data in the UK and the EU if the UK leaves the EU with an agreement or has a SIM card issued by a mobile phone network in an EU or EEA country
In case of no-deal
If the UK leaves the EU without an agreement, or if you have a SIM card issued by a mobile phone network outside the EU and EEA, how much you will pay will depend on your mobile network.
We hope this short guide to the possibilities for a deal or no-deal Brexit and how they relate to EU citizens and potential certified translations was of use. If you need any more information or would like to order a translation, please do get in touch, we'll be happy to help. Thanks for reading.