EU Citizen’s Rights During The Brexit Transition Period

03 Mar 2020, 39 mins ago

If you are an EU citizen, both residency rights and the right to travel in and out of the UK are secured for you and your family members during the Brexit transition period. The transition period will end on 31 December 2020.

During the transition period, EU workers who are in the UK will have the same labour rights, the same social security entitlements and the same tax treatment as British citizens. Employment rights will remain in place for you until the end of the transition period, ensuring that there will be non-discrimination on the grounds of nationality. An EU passport will be sufficient proof that you are entitled to these rights.

If you have been resident in the UK for more than five years, you and your family members should be entitled to remain in the UK permanently, subject to certain requirements. Our recommendation would be that, on an individual basis, you and your family register to have this status recognised as soon as possible on the Home Office’s EU Settlement Scheme.

If you have been resident in the UK for less than five years, you have the option of applying for what is known as Pre-Settled Status. Once you have been resident for five years or more, your pre-settled status can be exchanged for Settled Status. If you obtain Pre-Settled Status, you will not require any kind of visa to remain in the UK once the Brexit transition period comes to an end.

If you are a family member of an EU citizen, but you yourself are not an EU/EEA citizen, you can still apply for Pre-Settled Status, or Settled Status if you link that application to the application of your EU citizen family member.

After you have had Settled Status for one year (or immediately if you are married to a British national) you may be eligible to apply for British citizenship, so long as you meet certain requirements, which include residence, English language, and good character.

If you are an EU citizen with professional qualifications you should look to have them recognised in the UK during the Brexit transition period, to make sure they remain recognised once the period comes to an end.

Gherson has a great deal of experience dealing with all aspects of the Home Office’s EU Settlement Scheme and with applications for both Settled and Pre-Settled Status from EU nationals and their family members. If you have any questions or queries relating to the scheme or would like to review your personal or family circumstances, please do not hesitate to contact us.


The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2020