BREXIT EU Settlement Scheme
European Union Citizens & Their Families
The Isle of Man European Union Advisory Group was established, following the United Kingdom’s (UK) decision to leave the European Union (EU), chaired by the Chief Secretary Will Greenhow, and comprising of senior officers from the Cabinet Office, the Treasury, Her Majesty’s Attorney Generals Chambers and the Departments for Economic Development, and for Environment, Food and Agriculture. It can co-opt other relevant officers as required. The Group reports directly to the Council of Ministers.
Officers from the Isle of Man Government have continued to work with relevant officials from across the UK Government to set out the Isle of Man’s priorities and discuss the implications of withdrawal for the Island and which has helped to inform the UK’s negotiating position.
Preparatory work in the Isle of Man Government continues across a number of fronts and includes:
- dealing with the legislative impact of withdrawal;
- engaging with the UK at a political and official level to set out the Island’s priorities, and to build relationships with key officials in the UK Government;
- identifying and conducting further research on potential opportunities and threats;
- assessing the longer term technical and legal processes which will support the Island’s position in relation to the World Trade Organisation, and the UK’s new Free Trade Agreements; and
- plan for with UK Home Office, Her Majesty’s Passport Office, Crown Dependencies and Gibraltar new Passport documents and Passport Issuance Provisions for when UK leaves European Union.
Isle of Man European Union Settlement Scheme
The 2016 Isle of Man Census indicates there are 4,184 EU citizens living and working in the Isle of Man. The September 2017 Economic Affairs Labour Market Report indicates the Island has a working population of 42,777, and of these 2,861 are European Union (EU) nationals which is 6.7% of the Islands working population.
The Council of Ministers has agreed to protect the position of European Economic Area (EEA) nationals who currently live and work in the Isle of Man. Settlement secured for EU nationals by the UK in their negotiations with the EU will apply to those resident in the IOM, providing certainty and a status to those nationals who wish to remain in the Isle of Man following the UK’s exit from the EU; create a unified position for EU nationals between the Isle of Man and UK; and provide certainty to Isle of Man employers of the position of their EU national employees.
On 20 July 2018 the UK passed a Statement of Changes in Immigration Rules that introduced Appendix EU to the Immigration Rules. This served as the first private test phase for the EU Settlement Scheme in the UK. On 21 January 2019, the UK began the public test phase for the Scheme. The public test phase will refine any further amendments that may need to be made to the Scheme before its full public launch on 30 March 2019.
The IOM EU Settlement Scheme will be introduced as an Appendix to the IOM Immigration Rules scheduled to go live in March 2019. The IOM scheme will closely align to the UK scheme based on the agreement the UK has reached for EU citizens and their families:-
- EU citizens and their family members who, by 31 December 2020, have been continuously resident in the UK for 5 years will be eligible for ‘settled status’ under immigration law (referred to as indefinite leave to remain (ILR) under the Immigration Act 1971, entitling them to stay indefinitely).
- EU citizens and their family members who arrive by 31 December 2020, but won’t have been continuously resident for 5 years, will be eligible for ‘pre-settled status’ under immigration law (referred to as leave to remain (LTR) under the Immigration Act 1971, enabling them to stay until they reach the 5 year threshold for ‘settled status’.
- close family members (spouses, civil and unmarried partners, dependent children and grandchildren, and dependent parents and grandparents) living overseas will still be able to join EU citizens resident here, where the relationship existed on 31 December 2020 and continues to exist when the person comes to the Isle of Man. Future children are also protected.
Application and Assessment of Settlement Scheme Applications
EU citizens and their family members resident before the end of the Implementation Period on 31 December 2020 are eligible to apply. The UK has agreed with the EU that the conditions for EU citizens and their family members to get settled status in the UK will be the same as, or more generous than, those set out in the existing Free Movement Directive. Those applying under the scheme will be only required to complete 3 key steps, proving their identity, show they live in the UK and have no serious criminal convictions.
There will be no fee for applications made under the EU Settlement Scheme. For those already in possession of a permanent residence document or Indefinite Leave to Remain, obtaining a Settled Status document will be free of charge. The application process will be streamlined, quick, simple and user-friendly. The applicant will not be required to show they meet the requirements of the current free movement rules, for example comprehensive sickness insurance.
Registration Scheme during the Implementation Period
EU citizens and their family members who arrive in the UK during the implementation period will be able to live, work and study as they do now, but they will need to register if they intend to stay longer than 3 months. Further details about this registration scheme will be published as soon as possible.
The Registration Scheme is separate to the Settlement Scheme, EU nationals who arrive in the UK between 30 March 2019 and 31 December 2020 will need to register under the registration scheme if they intend to remain in the UK for more than 3 months, and apply for pre-settled status under the Settlement Scheme if they wish to remain in the UK after 31 December 2020.
The UK has indicated that this registration scheme will be used as a tool to help Government prepare for the future immigration framework, by developing a better understanding of those coming to the country in the long term. The Isle of Man will be operating a Registration Scheme in line with that of the UK’s.
More information is available on EU citizens arriving in the UK during the implementation period.
Implementation Period, Grace Period, Future Immigration Controls
Citizens' right – UK and Irish nationals in the Common Travel Area (CTA)
The UK reached agreement in December 2017 which ensures the rights enjoyed by British and Irish citizens under the CTA are protected after the UK leaves the EU. This means that no UK or Irish nationals will be required to apply for settled status to protect their entitlements in Ireland and the UK respectively. There will also be full protection and maintenance of the current arrangements for journeys between the UK and Ireland. This includes movement across the land border between Northern Ireland, protecting the uninhibited movement enjoyed today.
Further information can be found here.
No Deal Scenario
In the event of a ‘no deal’ scenario when the UK leaves the EU on 29 March 2019, there will continue to be a Settlement Scheme for EU nationals who are already here (in the IOM/UK) before 30 March 2019 and will continue to run until 31 December 2020 as planned, despite there being no agreed Implementation Period. There will not be a six month “Grace Period” for applications after 31 December 2020, and the new immigration system will be implemented from 01 January 2021.
- EU citizens with settled status may be joined by 29 March 2022 by existing close family members where the relationship existed on or before 29 March 2019.
- EU citizens with settled status may be joined by future spouses and partners (where the relationship was established after 29 March 2019) and other dependent relatives until 31 December 2020. After these dates, the future immigration controls will apply to such family reunions.
- EU nationals arriving after 29 March 2019 must apply for further leave to remain in the UK/IOM if they intend to remain for more than 3 months. A European Temporary Leave to Remain Scheme will be introduced for the purpose of granting this temporary leave, and will allow holders of this temporary leave to work, live and study as they currently do now for up to 36 months. The temporary leave will not allow holders to stay in the UK after this 36 month period. EU nationals who wish to remain longer than the 36 month period will need to make an application under the future immigration system in 2021.
More information about the European Temporary Leave to Remain Scheme can be found here.
UK reports, papers etc
- Report on the second private beta phase of the EU Settlement Scheme
- Revised caseworker guidance for the public beta test phase
- Paper on citizens’ rights in ‘no deal’
- Brief overview, including eligibility and the process of applying for settled status
UK Government agreement with the European Union on citizens’ rights providing certainty about the future to millions of EU citizens and their families in the UK and will allow EU citizens to stay in the UK after they leave the EU on 29 March 2019
- Statement of Intent
- EU citizens information page
- Settled status guidance page
- Citizens’ rights – UK and Irish nationals in the Common Travel Area
- Joint Report from EU Negotiators and the UK Government (8 December 2017)
- Administrative Procedures Technical Note