Last week the UK Government stepped back from its position that
free movement would end at the stroke of 11pm on 31 October 2019
and published a policy paper on immigration for EEA and Swiss
citizens arriving after Brexit.
It conceded that primary legislation is needed to repeal free
movement rights enacted under UK law, even if the EU law which
underpins them will no longer apply after Brexit.
EEA and Swiss citizens moving to the UK after Brexit are
excluded from the EU Settlement Scheme, but can apply for European
Temporary Leave to Remain (‘Euro TLR’). The new Home
Secretary has made changes to the proposed terms of the Euro TLR
:
- It will no longer be obligatory to apply for Euro TLR,
however, “EU citizens who move to the UK for the first time
after Brexit and who do not apply for Euro TLR will need to leave
the UK by 31 December 2020” unless they have an alternative
immigration status;.