EU Citizens' Rights Resouces

Key documents

Draft Withdrawal Agreement (14 November 2018)
This is the most recent version of the draft agreement jointly agreed by the EU and the UK in November 2018. The agreement sets out what the proposed future rights of EU citizens living in the UK and British citizens living in the EU Member States will be. This is not law at the present time and the rights contained therein could be subject to change as the withdrawal negotiations continue. Many of the rights for the beneficiaries are based on current EU law and free movement rights meaning that EU law will be used to interpret the rights contained in the final document.

Questions & Answers: Brexit Negotiations: What is in the Withdrawal Agreement
The Q&A on factsheet explaining the contents of the Draft Withdrawal Agreement, dated 14 November 2018.

EU Citizens’ Rights and Settled Status
This is the long form version of our training slides shown during our training seminars on EU citizens' rights.

European Commission questions and answers on the Draft Withdrawal Agreement (26 November 2018)
This webpage provides information in a Q&A format about the agreed version of the Draft Withdrawal Agreement and the implications for EU citizens in the UK and British citizens in the EU.
Joint EU / UK negotiation documents

Draft Withdrawal Agreement (14 November 2018)
This is the most recent version of the draft agreement jointly agreed by the EU and the UK in November 2018. The agreement sets out what the proposed future rights of EU citizens living in the UK and British citizens living in the EU Member States will be. This is not law at the present time and the rights contained therein could be subject to change as the withdrawal negotiations continue. Many of the rights for the beneficiaries are based on current EU law and free movement rights meaning that EU law will be used to interpret the rights contained in the final document.

European Commission Press Release (14 November 2018)8)
European Commission press release accompanying the Draft Withdrawal Agreement recommending to the European Council (Article 50) to find that decisive progress has been made in Brexit negotiations.

Political Declaration (14 November 2018)
The outline of the political declaration setting out the framework for the future relationship between the European Union and the United Kingdom of Great Britain and Northern Ireland, as agreed at negotiators' level on 14 November 2018.

Joint Report (14 November 2018)
The joint report from the EU and UK negotiators on the state of play of the negotiations under article 50 TEU on the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the EU and the European Atomic Energy Community

Questions & Answers: Brexit Negotiations: What is in the Withdrawal Agreement
The Q&A on factsheet explaining the contents of the Draft Withdrawal Agreement, dated 14 November 2018.

Joint Statement (08 December 2017)
This is a joint statement of principle between the EU and the UK setting out the future rights of EU citizens living in the UK and British citizens living in the EU Member States. This principles in the joint statement have been given further detail in the March 2018 Draft Withdrawal Agreement.

Joint Technical note for the Joint Statement (08 December 2017)
This table confirms the joint statement and compares the positions of the EU and UK on citizens’ rights highlighting which areas are agreed and which areas require further negotiation.
Seraphus documents

EU Citizens’ Rights and Settled Status
This is a concise version of our training slides shown during our public EU citizens' rights information and Q&A sessions.

EU Citizens’ Rights and Settled Status
This is the long form version of our training slides shown during our training seminars on EU citizens' rights.
EU Representation in the UK

EU Rep Website
The EC has offices, called Representations, in all the Member States of the European Union. The UK Representation has offices in London (head office), Cardiff, Edinburgh and Belfast. Its role is to be a source of EU-related information, explain the effect of EU policies, speak for the EC in the UK and inform the EC in Brussels on political, economic and social developments in the UK including Brexit. The website shares all the latest information on EU citizens’ rights.

EC Rep Facebook
You can follow all the latest updates on EU citizens' rights by following the EC Rep Facebook page.

EC Rep Twitter
You can follow all the latest updates on EU citizens' rights by following the EC Rep Twitter page.

EC Rep YouTube
The EC Rep YouTube channel contains video on EC citizens' rights, the settled status process and our 'ask a lawyer' series. Most videos contain subtitles in all EU languages.

EC Rep Parliament Office
This website raises awareness of the European Parliament and encourages citizens to vote in European parliamentary elections. The office is non-political. They have offices in London and in Edinburgh.
News and Updates

Free Movement
You can follow all the latest news on EU law, settled status, and UK immigration law on the Free Movement website. You can also access free ebooks on EU law and online legal services.

The3million
The group giving a voice to EU citizens in the UK. You can find useful information and updates on the process as they occur.

Here for Good
Here for Good aims o support those who need it most. They intend to fund qualified caseworkers across the UK to help EEA citizens and their families get to grips with the current immigration law and it what it means for them. You can also help them help others by providing support in a number of ways, visit their website to find out more.

The Greater London Authority
The GLA have a hub with information and advice. As it is a GLA website it is geared towards EU citizens in London, but the contents of it are relevant to EU citizens wherever they may reside.

Embassies and high commissions
You may also want to contact the relevant foreign embassy or high commission in London in case they can provide further information or resources.
EU Commission resources

European Commission Homepage on Brexit
This webpage has links to all of the withdrawal negotiation documents, the Commission position documents, statements and press releases on the progress of the withdrawal negotiations.

Taskforce on Article 50 negotiations with the United Kingdom homepage
This webpage provides links to all the work of the European Commission’s negotiation team (known as TF50).

European Commission questions and answers on the Draft Withdrawal Agreement (26 November 2018)
This webpage provides information in a Q&A format about the agreed version of the Draft Withdrawal Agreement and the implications for EU citizens in the UK and British citizens in the EU.

European Commission Negotiations Papers
This webpage has links to all of the withdrawal negotiation policy papers released by the European Commission’s negotiation team (TF50).

TF50 Frequently Asked Questions (FAQs)
This is the European Commission negotiation teams’ (TF50), frequently asked questions document setting out practical scenarios for how EU citizens in the UK will be affected by the December 2017 joint statement.
UK Government resources

Department for Exiting the European Union (DEXU) homepage
This webpage provides links to all the work of the DEUX including citizens’ rights.

UK government webpage on the rights of EU citizens in the UK
This webpage provides sets out the rights of EU citizens in the UK that have been agreed in the draft withdrawal agreement. The page has information on the proposed settled status system that will be put in place for EU citizens living in the UK before the end of the implementation period (31 December 2020).

EU Settlement Scheme Applicant Information
This is the Home Office page containing all the relevant information and guidance concerning this scheme, some of which is highlighted below.

Appendix EU of the Immigration Rules
The Immigration Rules sets out the requirements to be met in order to be granted either pre-settled or settled status. They are currently live to enable all those eligible to apply under the test phase to do so. They are likely to be an overall accurate reflection of how the Rules will look once the process becomes live in March 2019.

EU Settlement Scheme: caseworker guidance
This is the internal guidance used by Home Office staff to determine the outcome of applications made under the settled status scheme. It is a useful guide for anyone preparing applications under this scheme.

EU Settlement Scheme: evidence of UK residence
This is the Home Office guidance to determine UK residence. It lists what evidence the Home Office would 'like' to see and what evidence the Home Office would 'not' like to see. In reality, any evidence can be used, but the type of evidence may affect the outcome at the application stage and the appeal stage.

EU Settlement Scheme pilot: current expected processing times for applications
This is the Home Office published processing timescales for the settled status process (to be updated).

List of UK government policy papers for EU citizens’ rights
This webpage provides links to all of the UK government position documents and statements on the progress of the withdrawal negotiations.

British citizens living in the EU essential information
This webpage sets out the proposed rights of British citizens living in a Member State that have been agreed in the Draft Withdrawal Agreement. This covers rights of British citizens who take up residence in a Member State before the end of the implementation period (31 December 2020).

Technical note: Citizen’s rights - Administrative procedures in the UK
This document provides additional information as to how the UK government will implement the settled status system. This document confirms that there will no requirement to hold comprehensive sickness insurance in order to qualify for settled status after 5 years residence.
 
Home Office Visas & Immigration homepage for EEA nationals
This webpage provides links to all of the Home Office information on EU citizens residing in the UK under current EU law as well as information on the post Withdrawal immigration system.

Home Office Factsheet on EU citizens' rights agreement
This document provides additional information as to how the UK government will protect EU citizens’ rights in the UK.
EU Free Movement Law

Directive 2004/38/EC (the Free Movement Directive)
This is the primary source of residents’ rights law for EU citizens living in the UK (and for British citizens living in the EU). The Directive tells you how you become a qualified person and what rights of residence flows from that status. It also sets out which family members are allowed to live with you in the UK and

EU search engine
This webpage is a search engine for all EU laws and Court of Justice of the European Union (CJEU) case law and decisions.
UK Implementation of EU law

2016 European Economic Area Regulations
These Regulations are the set of laws introduced by the UK government to give effect to the EU Free Movement Directive. When EU citizens and their family members apply to the Home Office for residence documents that they have the right to be issued with under EU law, they rely on the EEA Regulations to show that they meet the relevant legal requirements.

British and Irish Legal Information Institute
This webpage is a search engine for all reported UK court decisions including those cases in the Immigration and Appeal Courts that provide interpretation on the implementation of EU citizens’ rights in the UK.
Home Office Forms and Guidance

Permanent Residence application form and guidance notes
This is the application form to make an application for an EEA Permanent Residence card based on completing the relevant qualifying period in the UK to have automatically attained permanent residence. The guidance sets out which sections you need to complete depending on which way you have attained permanent residence. The guidance also tells you how the Home Office will expect to see your application evidenced.

HO Qualified Person application form and guidance notes
This is the application form to make an application for an EEA Registration Card based living in the UK under the Free Movement Directive but having not yet completed a permanent residence qualifying period. The guidance sets out which sections you need to complete depending on which category of qualified person you are applying as. The guidance notes tell you how the Home Office will expect to see your application evidenced.

HO Family Member application form and guidance notes
This is the application form to make an application for your family member(s) to be issued with Residence Cards based on their relationship to you as a qualified person or person with EU permanent residence. The guidance sets out which sections you need to complete depending on which family member is applying. The guidance notes tell you how the Home Office will expect to see your application evidenced.

HO Extended Family Member application form and guidance notes
This is the application form to make an application for your extended family member(s) to be issued with Residence Cards based on their relationship to you as a qualified person or person with EU permanent residence. The guidance sets out which sections you need to complete depending on which family member is applying. The guidance notes tell you how the Home Office will expect to see your application evidenced.

HO Modernised guidance
This webpage provides links to all the Home Office guidance documents setting out how the various aspects of EU law and the Free Movement Directive are implemented in the UK.

HO Qualified persons guidance document
This sets out the Home Office interpretation of the EU definitions of qualified persons status (job seekers, workers, self-employed, student and self-sufficient). The guidance tells you how the Home Office will expect to see each status evidenced when you apply.

HO Family Members
This sets out the Home Office interpretation of the EU definitions of the direct family members who benefit from EU law. The guidance tells you how the Home Office will expect to see these family relationships evidenced when you apply.
 
HO Extended Family Members
This sets out the Home Office interpretation of the EU definitions of the extended family members who may benefit from EU law. The guidance tells you how the Home Office will expect to see these extended family relationships evidenced when you apply.

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