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Post Brexit: What should an EEA National do now?

What do EEA nationals and family members of EEA nationals need to do now?

EEA nationals and certain family members will be able to apply for 'settled status' and therefore will be able to claim benefits including Universal Credit. But there will be some EEA nationals currently living in the UK who will not be granted 'settled status' because they do not meet the conditions for it, or who may meet the conditions but struggle to provide the evidence.

So we have put together this list of what an EEA national could do now:

  • If they already have permanent residence status and the certificate/card to prove it, then they will be able to apply for 'settled status' and will be given it. So these EEA nationals do not need to do anything now, but should apply for 'settled status' as soon as they are able to.

  • If they already have permanent residence status but do not have a permanent residence certificate /card to prove it they could contact the Home Office to apply for one (cost £65) to avoid having to prove their status later.

  • If they have already been continuously resident in the UK for 5 years they should apply for 'settled status'' as soon as possible to avoid any backlogs due to a last minute rush. They need to consider what evidence they have of their residence, and start to collect this now. (See Appendix A of the Statement of Intent.)

  • A family member of an EEA national, who has been continuously resident in the UK for 5 years should do the same - if they need proof from their family member they need to consider how they can obtain this.

  • If an EEA national is only able to currently claim benefits because they have a "derivative right to reside" (eg through being the primary carer of an EEA child in education) it would be advisable to acquire another right to reside - normally through getting worker status. This is because the time someone has spent living in the UK with a derivative right to reside does not count towards gaining the permanent right to reside and neither will it allow them to apply for 'settled status' through the EU Settlement scheme. The Statement of Intent does say they should be eligible for benefits under the Withdrawal Agreement but it is very vague.





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