22 August 2019 #Immigration
The European Temporary Leave to Remain was a proposal for the Post-Brexit Immigration System for EU nationals. Under ETLR, EU nationals who would enter the UK after Brexit date (and had not been a UK resident before) would be subject to this temporary leave, in case of a no-deal Brexit.
This temporary leave would allow these EU nationals to stay in the UK for up to 3 months and allow them to extend their stay for up to 36 months. This proposal was separate to the EU Settlement Scheme and did not allow those on ETLR to move to the EU Settlement Scheme. For more coverage, see: https://www.clarkslegal.com/Blog/Post/EU_Immigration_from_30_March_2019_No_Deal_Brexit
However, the media factsheet from the Home Office of 19 August 2019 does not mention European Temporary Leave to Remain at all. Instead the Government has announced that they will provide further details of a Post-Brexit Immigration system for EU nationals in the coming weeks.
This further announcement means that the Government has reverted to a ‘watch this space’ approach’ and provides even less clarity on the status of non-resident EU nationals entering the UK after Brexit.
For the avoidance of doubt, the possible scrapping of ELTR, does not affect those EU nationals who are already in the UK, who would be allowed to apply under the EU Settlement Scheme until December 2020.
It is unclear how the Home Office intend on checking the residence status of new EU nationals post-Brexit, considering most can use e-gates, it may be therefore be advisable for existing EU nationals to apply under the EU Settlement Scheme as soon as possible.
The Clarkslegal EU Settlement Scheme clinic runs every Wednesday and Friday. For more details see: https://www.clarkslegal.com/Blog/Post/EU_Settlement_Scheme_Clinic_