1. Information Session on implications of Brexit for current students Ailsa Ritchie Director of Student services
What we know – a lot of things we don’t know

2. Brexit
Unless anything changes the UK will be leaving the EU on 29th March 2019
Briefing about implications for students who are citizens of: EU
EEA - Norway, Iceland and Lichtenstein
Switzerland
Republic of Ireland

3. Tuition Fees
No change for any current UG or PGT student that is currently funded by SAAS
No change for any current PGR student that is currently funded as a Research Council PhD studentship
Both have confirmed that they are committed to providing the same funding arrangements for students who started their programme in or before academic year 2019/20
However the main changes are to the right to live, study and work - settled status more to follow

4. Travel from 29th March
Those with pre-settled/settled status will be able to re-enter without a problem - status will remain valid even in a no-deal Brexit
Those without pre-settled/settled status but are resident in the UK by 29th March 2019 will still be able to re-enter to study and work without applying for this until end of December 2020
Possible actions for some and uncertainty over documents

5. Travel from 29th March
You may have to provide proof of residency to gain re-entry.
Student status letter is adequate but must be in paper format – will be printed and available from the ASC 79 North Street from 1st March
Even if we are in a no-deal scenario, the European Commission and UK government has indicated that flights will still operate between UK and EU. However, you may wish to consider returning to UK before 29th March

6. EU Settlement Scheme Information for EU citizens in the UK
Welcome
Fire alarms
Realise there has been a period of huge uncertainty for EU nationals in light of referendum outcome in 2016 – session will provide information on the mandatory EU Settlement Scheme to protect your rights post Brexit
University provide as much support as reasonable possible
Everything said today is based on information published to date
Cameron Little, HR Business Partner
Human Resources
  2497

7. EU citizens rights in UK post Brexit
Agreement reached with the EU on citizens’ rights.
Protects rights to continue living and working in the UK.
Covers both EU and non-EU family members.
Rights of those arriving during implementation period are protected.
Mandatory to apply under the EU Settlement Scheme.
Free movement rights will not change until 2021 – no rush to apply as soon as the scheme opens.
Agreement – December 2017, detail started to be published in March 2018 leading to Settlement Scheme June 2018
The agreement also covers what happens during the period immediately after the UK leaves the EU, known as the implementation period.
This period will run from 30 March 2019 to 31 December The agreement with the EU extends the same protections to EU citizens and their family members arriving in the UK during the implementation period.
This ensures that those planning to come to the UK after March next year know what the arrangements will be, and so do their employers.
Free movement ends on 31 December 2020

8. What is EU Settlement Scheme?
Scheme open fully by 30 March 2019.
Deadline for application is 30 June 2021.
EU citizens must apply if they wish to stay in UK beyond 31 December 2020.
Can continue to live, work and study in the UK.
No restrictions on study (where or what you can study).
Eligible for:
public services, such as healthcare and schools.
public funds and pensions.
British citizenship, subject to the requirements.
In a deal Brexit then the deadline for applications is six months after implementation period ends on 31/12/2020
EU Settlement Scheme status will run alongside any rights you have as an EU citizen under the EU Free Movement Directive until 31 December 2020.

9. What if there is a “No Deal Brexit”?
UKVI will unilaterally implement the Citizens’ Rights agreement reached with the EU in December 2017, in the event of a no-deal.
The EU Settlement Scheme will still operate but:
will only be open to EU citizens and their eligible family members who are resident in the UK before 11 pm on 29 March 2019
The deadline to apply will be 30 December 2020
Free movement of EU citizens will end at 11pm on 29 March 2019
Any immigration document issued under EU Settlement Scheme is valid regardless of deal or no- deal Brexit.
"The Home Office plans to make an offer to existing EU residents that they can remain in the UK in a 'no deal' scenario, in effect unilaterally implementing at least the immigration element of the Citizens' Rights agreement agreed with the EU in December 2017.

10. Do I need to apply?
Do you intend to stay in the UK beyond 31 December 2020? Is your course due to be completed after 31 December 2020?
Yes No
No requirement to apply for the EU Settlement Scheme
Must apply for the EU Settlement Scheme

11. Which EU citizens are eligible?
Country of citizenship
Eligible
EU states
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden
Yes
EEA states
Norway, Iceland and Liechtenstein
Switzerland
Republic of Ireland
Yes but not mandatory
All EU citizens and family members are eligible for the EU Settlement Scheme.
Norway, Iceland, Liechtenstein and Switzerland national can’t apply until 30 March 2019 when the scheme fully opens.
Irish citizens
Rights are protected in UK law under the Common Travel Area rules which is unaffected by Brexit
Do not need to apply for EU Settled Status by may do so it they wish
Non-Irish and Non-UK family members will need to apply for Settled Status.

12. Who is eligible? EU citizen or family member of an EU citizen.
You need to be a resident in the UK by 31 December 2020.
Residency –
Resident in the UK for more than 5 years - eligible for Settled Status.
Resident for less than 5 years - eligible for Pre- Settled Status.
You must not be a serious or persistent criminal or a threat to national security.
Resident by 31/12/2020 but have until 31/06/2021 to apply subject to deal being agreed. No deal then must be resident by 29 March 2019
Those arriving after 31/12/2020 subject to new immigration system.

13. Can change to SS but not mandatory
Do I need to apply?
Many EU citizens may already have a residence document issued by the UKVI; and some will still need to apply for EU Settled Status –
Document
Do I need to apply for EU Settled Status?
EEA Registration Card (EEA QP)
Yes
EEA Permanent Residence Card (EEA PR)
Indefinite Leave to Remain
No.
Can change to SS but not mandatory
British Citizenship No
EEA Registration Cards and EEA Permanent Residence Card are both linked to the UKs membership of the EU - As a result of Brexit these will not be a valid proof of residence after 31 December 2020.
Holders will need to apply for EU Settled status or Citizenship to continue living in the UK after June 2021 even if you already have a permanent residence document.
Those with ILR –
You can continue to live in the UK without applying for settled status.
However, you can choose to change your indefinite leave to remain to settled status. This means you’ll be able to live outside the UK for 5 years (instead of 2 years with indefinite leave to remain) - How long you can live outside the UK is still subject to approval by Parliament.
You will not have to pay or prove you have 5 years’ continuous residence.

14. EU Permanent Residence
If you currently have EEA (PR) then you have the following options:
If you have held EEA (PR) for more than 12 months then consider applying for British Citizenship.
If not held EEA (PR) for 12 months or you don’t want to get British citizenship then you must apply for EU Settled Status.
Need to provide confirmation that PR status has not lapsed through absence from UK of more than two consecutive years (e.g. P60s, utility bills etc..).
The choice is yours but you must do one of the above before 31 December 2020 or 30 June 2021.
Personal choice

15. Application process
Online application using existing Government data to prove residence.
Reduction in amount of evidence that applicant needs to provide.
No requirement for Comprehensive Sickness Insurance, if relying on periods as a student.
Applicants can upload further documents to demonstrate time in UK, if Gov’t records are incorrect.
UKVI want process to be start to finish online using website and/or app
If you make a mistake in your application
You will be contacted before a decision is made, so you can correct the error.
Advised if you need to provide more evidence before a decision is made.
If your application is not successful
Appeal the decision
Reapply as many times as you want to before 30 June You’ll have to pay the fee each time you apply.

16. Application Process Three step process Proof of your identity
Proof of residence
Criminality check
Payment - free from 30 March 2019.
Applications submitted and paid for under any pilot scheme prior to 30 March will be refunded.

17. Proof of your identity
Provide proof of identity and nationality by scanning passport or EU ID card and also uploading a facial photograph.
EU Exit: ID Document Check app – Android only
Documentation may be sent by post.
Non-EU citizens will also need to enrol biometrics to be issued with a BRP card.
To apply need to download the EU Exit: ID Document Check app – Android only and use valid biometric passport (e-passport which has a digital chip)
After 30 March 2019 can apply online without the app.
Non-EU citizens will receive a Biometric Residence Card inline with UK immigration rules

19. Proof of Residence
Confirm proof of residence in the UK by providing a National Insurance Number, if available.
System will check residency by using HMRC records.
If you do not have a NI number, or Gov’t system does not hold enough data to confirm residency then you’ll need to provide additional documents to show your residence -
letter from University – ask by ing or
P60s, P45s, Payslips
Contract of employment
Council tax bills
Bank statements

20. Continuous Residency Continuous residence means
“over 5 consecutive years - you have not been outside the UK for more than 6 months in total, in any 12 month period.”
No restriction on the number of times outside the UK.
Permitted a single absence from the UK for no more than 12 months for an important reason –
pregnancy, childbirth, serious illness,
study, vocational training,
an overseas posting for work.
Any periods of compulsory military service are allowed.

21. Criminality check
A criminality and security check will be carried out on all applicants, except for those under the age of 10.
Must declare any serious criminal convictions.
Only serious or persistent criminality will affect application.
Unlikely to affect the vast majority of EU citizens and their family members.

22. What document will you get?
No tangible document
Proof of status through an online Government service.
Non-EU citizens will be issued with a BRP.

23. Pre-Settled Status Stay in the UK for a period of five years
Same access to work, study, healthcare, pensions and other benefits in the UK according to current EU rules.
Travel to and from the UK using valid passport.
Children born in the UK after you’ve got pre-settled status will be automatically eligible for pre-settled status.
Child will only be British citizen if other parent has British citizenship, EU Settled Status, Indefinite Leave to Remain or Right of Abode.
Once lived continuously in the UK for five years then eligible for Settled Status.

24. Settled Status No time limit on how long you can stay in the UK.
Same access to work, study, healthcare, pensions and other benefits in the UK according to current EU rules.
Eligible for citizenship, subject to eligibility criteria.
If you leave the UK for less than five years, you can return and continue to live in UK as a settled person.
If you are absent from the UK for more than five consecutive years, your settled status will lapse.
Any child born in the UK after you are granted settled status will automatically have British citizen.
Able to be joined by close family member resident overseas after 31 December 2020 if relationship(s) exist and that date and will continue when person enters UK.
If SS lapses then re-enter to the UK will be subject to future immigration system for EU nationals.

25. Pre-Settled Status to Settled Status
Once accumulated five years continuous residence then apply for Settled Status.
No requirement to have Pre-SS for full five years.
Reminder from Government that Pre-SS is due to expire and an application for Settled Status is required.
Upgrading of status is free of charge.

26. Summary March 2019 - UK leave EU
1972 European Communities Act repealed by Brexit Bill
New trade deal with EU
New immigration system for EEA nationals

27. Options – Summary Current status No further action
EU Settlement Scheme
Citizenship
EEA citizen with UK citizenship
EEA citizen with Indefinite Leave to Remain
Not
Mandatory
Irish citizens
EEA citizen with no UKVI residence document
EEA citizen with EU Permanent Residency
EEA citizen with EU Registration Certificate
Other options
Commonwealth citizens with UK parents/grandparents - Right to live and work in the UK through either Right of Abode or UK Ancestry visa. EEA countries in commonwealth – Malta and Cyprus
EEA Spouse of a British citizen
Genuine and continuing relationship with British citizen
Intend to live together permanently in the UK
Suitability requirements – good character and conduct, previous immigration history; no criminal convictions.
Financial requirement
English language requirement
An EEA national in the UK who is married to a British citizen may have options open to them as a spouse but can’t pick and choose Spouse or EUSS - Commentary suggests that migrant can’t pick and choose – best to stick with EUSS and retain spouse for later date if needed. If EUSS are in doubt now e.g. lack of residence consider souse route.
Both would give right to live and work in UK without restriction - can work in any job except Doctor and Dentist.

28. Information https://eucitizensrights.campaign.gov.uk/
EUSS reimbursement policy
Anderson Strathern legal advice – contact HR if interested - £170 (+ VAT) [full price £275 (+ VAT)]
Webpage will be update, documents, FAQs, slides

29. General queries and information
the ASC
andrews.ac.uk/students/advice/informationforeeastudents/

30. EU nationals in UK will be allowed to stay – EEA nationals still to be clarified but working on assumption that same rules would likely apply.
EU Settlement Scheme provides clarify on the documentation required to protect your rights posts Brexit
Hope session provides relevant information on the EU Settlement Scheme
University will keep people up-to-date and support as much as reasonably possible
As the scheme gets up and running and we become more knowledge on the application process, question and its application to citizens personal circumstances then we can provide greater advice to employees.
Questions One – to – ones