The UK government's offer on the rights of EU citizens living in the UK
- Rights will be codified in the Withdrawal Agreement, which will be public international law, not EU law. CJEU jurisdiction will end.
- Offer is for ILR under the Immigration Act 1971 as expected.
- Application required, not automatic status. EU citizens will also require documentation to prove right to reside in the UK.
- CSI will not be a requirement in these applications.
Family Members wrote:• family dependants who join a qualifying EU citizen in the UK before the UK’s exit will be able to apply for settled status after five years (including where the five years falls after our exit), irrespective of the specified date. Those joining after our exit will be subject to the same rules as those joining British citizens or alternatively to the postexit immigration arrangements for EU citizens who arrive after the specified date;
• the specified date will be no earlier than the 29 March 2017, the date the formal Article 50 process for exiting the EU was triggered, and no later than the date of the UK’s withdrawal from the EU. We expect to discuss the specified date with our European partners as part of delivering a reciprocal dea
29. Family members6 of eligible EU citizens (who can be either EU citizens or non-EU nationals) who are resident in the UK before we leave the EU will also be eligible to apply for settled status, provided that they too meet the criteria above and have been in a genuine relationship with an eligible EU citizen while resident in the UK.
Genuine relationship is not required at the moment.
30. Future family members of those EU citizens who arrived before the specified date – for example a future spouse – who come to the UK after we leave the EU, will be subject to the same rules that apply to non-EU nationals joining British citizens, or alternatively to the postexit immigration arrangements for EU citizens who arrive after the specified date.
This will likely be a flashpoint in the negotiations.
39. After our departure, it will become mandatory to apply for permission to stay in the UK.
58. The arrangements set out above will be enshrined in UK law and enforceable through the UK judicial system, up to and including the Supreme Court. We are also ready to make commitments in the Withdrawal Agreement which will have the status of international law. The Court of Justice of the European Union (CJEU) will not have jurisdiction in the UK.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.