Example Fernando is a Spanish citizen. He arrived in the UK on 10 April 2010 and started working immediately afterwards. He acquired the right of permanent residence on 11 April 2015 and can apply for permanent residence. On 5 April 2019, he married Joanne, a South African national. Their relationship began in May 2016. Joanne wants to accompany Fernando to the UK. As their relationship and marriage took place before 31 December 2020, Joanne can apply for Fernando in the UK as part of the new application process. The draft agreement confirms that the deadline for submitting the application for temporary and regulated status from 31 December 2020 is not more than six months. For family members who follow EU citizens in the UK, the deadline for submitting their application is three months after their arrival or no more than six months after the age of 31. December 2020, whichever is later. The decisions taken by each country for their residence system and the time limits within which BRITISH nationals and their family members residing in countries with constituent systems must apply for a new residence status can be found in the following file, as well as on the main national websites. Children of individuals applying for permanent resident status may apply for permanent resident status at the same time as their parents. Those born in the UK to sedentary parents were born British.

Second, Interior Ministry spokesmen say late applications will be considered if the applicant has a “good reason.” But we don`t know what these “good reasons” are. Let`s take this example: Marie was born in Great Britain. Her parents, both EU citizens, were not permanent residents (or “residents”) in the UK at the time of their birth. Therefore, Mary was not automatically born British – but her parents mistakenly assumed she was. In ten years, Maria gets her first summer job and is asked to prove that she is a legal migrant. She realizes that her parents had to apply for her status years ago when she was a child. Would “My parents didn`t know they had to apply for me” be considered a “good reason”? A reporting system would avoid those situations in which people become illegal through no fault of their own. Andriana will continue to have the right to exercise her right to free movement to live and work in the UK until the end of the transposition period on 31 December 2020. As Andriana has been living in the UK continuously for over 5 years (with no absence of more than 2 years after those 5 years), she also immediately qualifies for sedentary status, subject to criminal and security checks. The UK government proposes to implement the draft agreement by introducing the “permanent resident status” system. So far, it seems to be more relaxed, as EU citizens don`t really have to prove how they comply with Articles 6 and 7.

The UK government has said EU citizens only have to prove that they have lived and live in the UK and must undergo a criminal examination to qualify for the proposed application process. During the discussions on the Withdrawal Agreement, two major changes were proposed to the regime: the change of its legal basis to a declaratory registration system (as opposed to the current system of constitutive application); and include an option for physical proof of status. The government suffered its first parliamentary defeat when the amendment to the EU settlement system was passed by the Lords. However, this was defeated when the bill returned to the House of Commons. At present, students or economically inactive persons exercising their right to free movement under the Treaty on the Functioning of the European Union (TFEU) must have comprehensive health insurance in their host Member State. Article 18 of the Withdrawal Agreement allows UK and EU member states to require proof of this assurance when considering whether or not to issue residence documents after Brexit. However, the Minister of State for Immigration, Caroline Nokes, confirmed that the UK will not impose this requirement on those applying under the permanent resident status system. .

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