On December 2017, the UK Government reached an agreement with the European Union, settling some relevant criteria regarding Brexit and the rights of EU Citizens living in the UK.
The purpose of this article is to clarify the rules, as agreed on December 2017, regarding the rights of the Italians Citizens which arrived in the UK by 29 March 2019 but - at this date - have not lived in the UK for 5 years.
This article is based on the rules as settled on the UK Government Website and does not provide any kind of advice; please note that this matter is not yet wholly regulated, so we are summarizing the principles not yet rules and procedures, which are not yet established.
As expressly stated by the UK Government, there is no need for EU Citizens living in the UK to do anything now: there will be no change to the status of EU citizens living in the UK while the UK remains in EU.
According to the Joint Report from the negotiators of the EU and the Uk Government on progress during phase 1 Negotiations under art. 50 TEU on the UK Orderly withdrawal from the EU people who arrived by 29 March 2019 but won’t have been living in the UK lawfully for 5 years when UK leaves the EU will be able to apply to stay until they have reached the 5-years threshold. They can also apply for settled status.
In other words, the Italian/EU Citizens who arrived by 29 March 2019 but won’t have been living in the UK lawfully for 5 years will be able to continue to live and work in the UK until 29 March 2021 without having to make an application.
If they want to live in the UK after 29 March 2021 they should apply for settled status or temporary residence permit to prove that they have got permission to continue living and working in the UK in future.
Let’s me explain with an example:
• if an Italian Citizen arrives in the UK before 29 March 2021 and meets the 5-year threshold by 29 March 2012 he should apply for a settled status;
• if he arrived in the UK before 29 March 2021 and does not meet the threshold by 29 March 2012 he should apply for the temporary residence permit.
The application fee will be no more than the cost charged to British citizens for a UK passport; the Italian/EU citizen will need (i) to provide an identity document and a recent photograph and (ii) declare any criminal convictions.
The procedures and the criteria for the application are not yet defined and will be set out in the withdrawal agreement between EU and UK.
According to UK Government, the online application form should go live in late 2018, so should be advisable checking the UK Government website for updates.
Italian/EU citizens employees in the UK and their business employers don’t need to do anything by now.
Please note that the rules are different for the Italian/EU Citizens who arrives in the UK after 29 March 2019.
