March 2020 – Right to Reside after Brexit


As everyone will be aware, the UK left the European Union on the 31 January 2020. However, general EU law including the Residence Directive (and the UK rules implementing the Directive) will continue to apply for a transition period due to last until 31 December 2020.

So for the present at least, EU provisions on the right to reside will continue. The EU Settlement Scheme also continues to provide a separate right to reside in the UK for those resident in the UK by the end of the transitional period and who apply by the deadline (currently 30 June 2021). Those granted settled status under the Scheme are entitled to claim UK benefits. However, those with pre-settled status are not eligible. This is currently being challenged under judicial review and a decision is awaited.

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