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29 January 2019 | Comment | Article by Eleanor Bamber

Government publishes details of “European Temporary Leave to Remain” in the event of “no-deal” Brexit

What does the European Temporary Leave to Remain (ETLR) scheme mean?

  • After the UK leaves the EU on 29 March 2019 (if there is no Brexit deal), EEA citizens will be able to enter the UK but will need to apply for ETLR to stay longer than 3 months
  • EEA citizens who are granted ETLR will be able to stay in the UK for 36 months from the date of their application
  • You will not need to apply for any immigration status or visa if you do not intend to stay in the UK for more than 3 months

What are the limits on the ETLR?

  • ETLR will be a temporary, non-extendable immigration status. It will not give indefinite leave to remain, lead to status under the EU Settlement Scheme or make EEA citizens eligible to stay in the UK indefinitely.

What if an EEA citizen wants to stay longer than 36 months?

  • They will need to apply for immigration status under the new immigration system, which will come into effect from 1 January 2021. Those who do not qualify will need to leave the UK when their ETLR expires.
  • Alternatively, if you’re an EEA citizen who enters the UK before the UK leaves the EU, you’re eligible to apply to the EU Settlement Scheme to continue living in the UK. EEA citizens and their families will be able to remain in the UK indefinitely if they are granted settled status under the EU Settlement Scheme.

For more information and guidance for EU citizens coming to the UK with no Brexit deal, click here.

Author bio

Eleanor Bamber

Senior Associate

Throughout her career as an employment law specialist, Eleanor has regularly advised private clients and numerous public sector bodies on a wide range of issues, including conducting large scale redundancies and reorganisations and dealing with the implications of TUPE.

Eleanor also has significant experience in defending multiple equal pay cases in the public sector as well as successfully defending numerous claims for discrimination and unfair dismissal brought by individual employees in the private sector. Eleanor deals with employment tribunal litigation, settlement agreements, pre-termination negotiations, disciplinary and grievance issues and performance and absence management issues.

Disclaimer: The information on the Hugh James website is for general information only and reflects the position at the date of publication. It does not constitute legal advice and should not be treated as such. If you would like to ensure the commentary reflects current legislation, case law or best practice, please contact the blog author.


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