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Euro TLR Scheme – No Deal Brexit - Arona St James Solicitors
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21 Sep Euro TLR Scheme – No Deal Brexit

Posted at 04:36h in Immigration Law by
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The Home Office have announced a new voluntary Temporary Leave to Remain application for EU citizens and close family members, known as Euro TLR (European Temporary Leave to Remain) should we leave the EU without a deal on 31 October 2019.The government have confirmed that free movement rules will continue to be in place after this date. From 01 January 2021 all EU citizens and family members will need to have status in the UK.

What is the scheme?

EU citizens who move to the UK post-Brexit will be eligible to apply under Euro TLR – they will be granted temporary leave for 36 months.You can apply once you have arrived in the UK. The Home Office have advised it will be a simple online application – you will need to confirm your identity and security and criminality checks will take place. You will be able to prove your status online.

This application is voluntary. It may be beneficial to apply if you would like to show your rights to work and rent properties following Brexit and until the new immigration system is in place. In any event you will be able to prove these rights using your passport or national identity card until 31 December 2020.

Any EU citizens who do not apply for Euro TLR will need to apply under the new immigration rules by 31 December 2020 if they wish to continue living in the UK.

Who can apply?

All EU citizens can apply under this scheme, close family members may also apply under this scheme. Their EU citizen sponsor will need to have applied under the scheme beforehand, and they will need to provide biometrics as part of the application.

If successful, close family members will be granted Euro TLR for the same period as their EU citizen sponsor, for example if their EU citizen sponsor is granted leave in November 2019 and their close family member applies later and is granted in January 2020. Then their leave will expire at the same date as their EU citizens sponsor in November 2022.

Close family members will need to secure Euro TLR or have other leave to remain in the UK by 31 December 2020.

If they do not have status in the UK by this date then they will be required to leave the UK. It will become more difficult for EU citizen family members to remain in the UK after 31 December 2020 as you will need to apply under the UK immigration rules (and new immigration system).

Fees?

There will be no fee for the Euro TLR application.

EU Settlement Scheme:

EU citizens and family members can still apply under the EU Settlement Scheme if they are resident in the UK before 31 October 2019, you will be eligible for pre-settled or settled status as long as you meet the requirements. This scheme is open until at least the 31 December 2020 for resident EU citizens and family members if the UK leaves without a deal.

Benefits of this application:

Whilst this application is not mandatory there are some possible benefits to apply. This application will grant legal status in the UK for 36 months – you can delay applying under this route and be granted stay just before the new immigration system is to be introduced. You will only need to apply under the new system once your Euro TLR has expired – although you can apply earlier. You will need to ensure you meet the requirements for future applications under the new system – if you do not meet these you will be required to leave the UK once you Euro TLR expires.

Leave under this route can count towards your qualifying period for settlement – at present the qualifying period is 5 years for most settlement applications. This is however subject to change and will depend on the route and new immigration rules introduced.

We would recommend that all EU citizens and family members who are currently resident in the UK apply under the EU settlement scheme for pre-settled or settled status before 31 October 2019. In the event of a No-Deal Brexit you will need to secure status in the UK by the 31 December 2020.