Friday 22 February 2019

Brexit: How many EU citizens have settled status in the UK?

Brexit: How many EU citizens have settled status in the UK?

Talking about numbers it is usually reported that the number of EU citizens living in the United Kingdom is about 3 million. 

The British Government has repeatedly said that EU citizens who have been living in the United Kingdom for a given number of years have nothing to fear about their right to continue living in the United Kingdom.


Having said that, there is another aspect of the story. Yes, they will have the right to remain in the United Kingdom if by the time the United Kingdom is no longer a member country of the European Union they have settled status and for this they would have to have obtained what is usually known as Permanent Residence or Permanent Leave to Remain in the United Kingdom. For those who have not applied for Settled Status it is foreseen that there will be a process for them to apply to continue living in the United Kingdom.

Some of those I have spoken with not only have Settled Status but they have also acquired British Citizenship but.... and this is a big but... how many don't have a British Passport nor settled status. On the Home Office website it is said that a new system - even an software application - will be in place for them to apply for settled status. However, on the same website it is said that 'should the application be successful' the individual concerned will be awarded either Settled or Pre-Settled Status.

Our concern is what will happen between the time when their right as EU Citizens to live in the United Kingdom comes to an end and the time when a final decision on their status is finally made. There are also two different deadlines. One deadline will be in effect if the United Kingdom and the EU reach an agreement and there is another deadline if the United Kingdom and the EU don't reach an agreement that shortens significantly the period of time for applications to be made and processed by the Home Office.

Other fundamental questions are how many EU citizens will need to apply to continue living in the United Kingdom and how long it will take to process the said applications. But there are various other questions that are equally important. What services will EU citizens have access to while they wait for their applications to be processed if the final decision is made long after their right to live in the United Kingdom comes to an end?

UK Citizenship Laws are stringent. For example, a child born in the United Kingdom is considered to be British if one of the parents is British or has Permanent Leave to Remain in the United Kingdom. What happens to children when both parents are not British nor have Permanent Leave to Remain in the United Kingdom? What nationality will those children have? 

Not every marriage is a success and many end up in divorce. When there are family disputes and courts have to decide about custody rights, what will happen if an application to continue living the United Kingdom is not successful? Will parents have to leave the United Kingdom leaving their children behind?

If there are legal arrangements stating that one parent has to provide financial support to his wife/her husband and children, what happens when the party providing financial support and/or the party receiving financial support is/are forced to leave the United Kingdom? 

Focusing on the financial and political advantages/disadvantages of leaving the European Union, far too many issues have not been properly addressed. We are afraid that far too many people are now knowingly or unknowingly living in limbo. We sincerely hope that this is not yet another Windrush scandal in the making.

 






  

  

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