The Home Office has published a technical note, which has also been submitted to the European Commission as part of the Brexit negotiations.

The note confirms that the citizens’ rights chapter of the Withdrawal Agreement will be incorporated in UK law and EU citizens will be able to enforce their rights on that basis. The note also sets out details of the administrative procedures which will apply to the provision of UK settled status for EU citizens.

The Government has offered reassurance to EU citizens and their families residing in the UK that their applications for settlement would not be refused on minor technicalities. The caseworkers considering the applications would exercise appropriate discretion when considering applications. EU citizens would also have a right of appeal in case of any unsuccessful applications. The proposed system is to be streamlined, low cost, and user-friendly. There will be a two-year grace period after the UK leaves the EU within which to apply for settled status.

For further information, please contact Paul Hale.