Downing Street confirmed rules allowing EU nationals to live and work freely in the UK would end abruptly if the UK leaves the bloc without an agreement at the end of October.

In theory, the rights of EU citizens who have permanent residence in the UK should not be affected and they will continue to be allowed to apply for settled status – granted once they have lived in the UK for five years – until the end of December 2020.
Sign up to our Brexit weekly briefing
Read more

However, news of a possible sharp end to free movement without the transition period envisaged under Theresa May’s administration provoked concern about how at least 2.6 million EU nationals who have yet to apply for settled status would prove they are in the UK legally.

Nicolas Hatton, a co-founder of the group, said: “Ending freedom of movement without putting legal provisions in place for those EU citizens who have not yet successfully applied through the settlement scheme will mean that millions of lawful citizens will have their legal status removed overnight.”

Concerns were heightened with the leak of an internal government discussion paper warning introducing a sharp cutoff date could present “legitimate concerns of another Windrush”.

Since March, 1 million EU nationals have successfully applied for settled status, giving them the right to live in the UK after Brexit.

Some of those who have yet to apply are worried about their right to NHS treatment or employment being questioned. Some are also concerned about how they would prove they have the right to live in the UK if they travel abroad.

Stephanie Dawoud, a spokeswoman for Imix, an immigration communications charity, said: “The fear is that the hostile environment will be applied to EU citizens who are living here legitimately. There is no system in place to distinguish between the people who have been living in the UK before Brexit and someone who has arrived on 1 November.

“It will be up to employers, the NHS and landlords to check whether someone has the right to be here or not. It is another announcement that feeds into the worst fears of EU citizens in the UK.”
Advertisement

Some EU nationals have not applied for settled status because the digital application process is yet to be available on iPhones, although this should be resolved before the end of the year. Campaign groups say large numbers of people who are required to apply for settled status are still unaware they need to do so.

There was dismay about the absence of clear information about what kind of documents people might need to take with them if they were to travel abroad, returning after 31 October.