The Government has published further details on how the new settled status scheme for EU citizens and their family members will work as the UK leaves the EU. In the technical document sent to the European Commission, the Government has pledged that this new system will be streamlined, low-cost and user-friendly and will be designed with input from EU citizens.
Following the UK’s exit from the EU, EU citizens will have up to two years to apply to stay in the UK and obtain settled status. Applications will be decided solely on the criteria set out in the Withdrawal Agreement and there will be no discretion for refusal based on other reasons. As yet, these criteria are not conclusive. However , the Government has confirmed that they will be simple and transparent and will minimise the need for documentary evidence. Unsuccessful applicants will have a statutory right of appeal in line with current rights provided by the Free Movement Directive.
There are also plans to set up a voluntary application process to provide those currently resident with the option to get new settled status at their earliest convenience. This is in recognition of the administrative challenge of granting status to potentially over 3 million EU citizens and their families.
Negotiations between the UK and EU are ongoing with the next talks set to take place on 9 and 10 November.