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Brexit and immigration: the key dates you need to know about
03 September 2021

Despite ‘officially’ leaving the European Union in January this year, there are still a number of loose ends that need tying up.

In fact, the Brexit deal itself includes transitional rules that span from 2021 to 2028. While many of these rules relate to trade and customs, immigration is a matter yet to be fully resolved.

So, if you are a business that employs EU nationals, here are the key dates and deadlines you need to know about.

30 June 2021: the EU Settlement Scheme deadline

While the deadline has technically passed, the Government said EU and EEA citizens and family members who apply late will have their rights protected pending the outcome of their application and any appeal.

Commenting on the scheme, Minister for Future Borders and Immigration, Kevin Foster, said: “Every day thousands of people are being given status through the hugely successful EU Settlement Scheme. We’ve worked hard to ensure the vast majority applied before the 30 June deadline and are now supporting those making late applications.”

According to the latest statistics, more than five million European workers and their families have now been granted settled status.

30 March 2022: UK nationals’ right to return with EU or non-EU national family members

From 30 March next year, close family members – for example, spouses and children – of British citizens moving to the UK will need to apply for a family visa. This means the minimum income requirement (currently £18,600) will apply.

If you are bringing children, you and your partner will need to earn an extra £3,800 for your first child and £,2400 for each child you have after your first child.

If you return to the UK on or before 29 March 2022, you will need to apply to the EU Settlement Scheme instead.

31 December 2025: EU national ID cards “no longer valid for entry”

According to Home Office guidance, EU national ID cards may no longer be valid for entry to the UK after 31 December 2025. Until this date, ID cards can be used when you have:

• settled or pre-settled status under the EU Settlement Scheme
• applied to the EU Settlement Scheme by 30th June 2021 but have not received a decision yet
• an EU Settlement Scheme family permit
• a frontier worker permit
• are an S2 Healthcare Visitor
• are a Swiss national and have a Service Provider from Switzerland visa.

2028: UK courts in the EU

After 2028, UK courts will no longer be required to send questions relating to the rights of EU citizens living in the UK to the Court of Justice of the European Union (CJEU).

According to a House of Commons briefing paper: “UK courts retain the power to send preliminary references to the CJEU about the meaning of any aspect of Part 2 of the Withdrawal Agreement for a period of eight years after the end of the transition period. Questions about EU citizens’ rights in the UK can thus continue to be submitted to the CJEU until at least the end of 2028”.

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