Can US citizens live in the UK?


GD / AD - 02/2018

On the homepage there is currently in the foreign languages ​​German, Spanish, French, Italian, Lithuanian, Polish, Portuguese and Romanian - last updated in January 2018 - information about the effects of Brexit on EU groups of people under the title " Guidance Status of EU citizens in the UK: what you need to know ".

Deadline March 29, 2019

The range of information is not exactly abundant; Primarily it concerns the areas: "Determination of a permanent residence permit, an application for the new regulation of the" Settled Status ", a permanent right of residence based on (then former) EU law, the British variant of the permanent residence permit (indefinite leave to remain) as well as regulations for EU citizens who will enter Great Britain (GB) after March 29, 2019, the deadline for residency.

"Settled Status" is new

In simple terms, this means that people who have been living permanently and legally (!) In the UK for at least five years by March 29, 2019 can obtain unlimited right of residence by applying for "Settled Status". You can then live in the UK and be part of UK society socially. It is also possible to apply for British citizenship.

The "Settled Status" will serve as proof that you are legally in the UK and will be used in particular for later controls - at the workplace or at the authorities. This is especially against the background that there is no mandatory registration system for residents in the UK and an identity card is likely to be rare. An online application form is planned for the end of 2018.

Applicants may be required to disclose all criminal convictions and provide proof of identity. Observers believe that this could bring life phases of a semi-illegal or illegal existence - as an illegal language student, for example - to light in a negative way for the applicant.

A deadline of at least two years after Great Britain leaves the EU is given for the application. It is currently unclear to what extent surveys are carried out on what one claims to have lived on in the UK in the past at least five years.

"Permanent residence status under EU law" remains for the time being

In the area of ​​“permanent residence status under EU law”, EU citizens will for the time being remain the same. A simple exchange right for the new “Settled Status” notification should be possible, but according to experts, there are already gradual differences. Apparently people from the "extended family circle of a person from the European Economic Area (EEA) or Switzerland" have to apply for such a residence permit.

“Indefinite leave to remain status” is expiring

Even the so far strongly favored category of holders of the “indefinite leave to remain” status, therefore already holders of an unlimited residence permit, have to apply - free of charge - for the “settled status”. You have to provide proof of your identity and that you still live in the UK. This group of people must also disclose all criminal convictions, without it being clear to what extent this plays a role, since allegedly “no re-examination of the residence permit” is carried out.

Only meager information for employers

Relatively little information is available for British employers. Under the succinct phrase “EU citizens who work in Great Britain or British companies who employ EU citizens do not have to do anything for the time being”. In many cases, this may be sufficient for both sides, but it could certainly cause uncertainty, for example when it comes to the termination of employment contracts or the retirement of people who have not yet spent their five years there, for example.

There is little information, for example, for EU citizens permanently residing in the UK who chose a partner who comes from a third country less than five years ago. Experts therefore expect a certain selection in the British labor market. It will hardly be possible or even want to replace highly qualified specialists. The situation may be different for simpler jobs with regard to the UK labor market.

Many questions - few answers

For example, what happens to EU students at British universities who have gained access to British scholarships on the basis of the principle of equal treatment with nationals, but are barely able to meet the specified deadlines? With the end of the validity of EU law, the principle of equal treatment is likely to fall on the same day. German or Swedish students, for example, would then have to pay similar fancy fees for British universities as Chinese or Americans. They would probably be cut off from domestic funding, which could make proof of income more difficult - even for a student residence.

The uncertainty of many EU citizens in the UK should only be alleviated in individual areas with the official recommendations for behavior that have now been outlined.