The UK is due to leave the European Union at 11 pm UK time (midnight continental Europe time) on 31 October 2019. The UK is still a member of the European Union (EU) until this time. The UK and the EU have been negotiating an agreement to take effect as soon as the UK leaves the EU. This is known as the ‘Withdrawal Agreement’, and as yet there has been no final agreement reached between the UK and the EU.
If the Withdrawal Agreement is agreed the UK will enter into a ‘transition’ or ‘implementation’ period from the date after the UK leaves the EU until 31 December 2020 (this period might be extended).
During this time EU, non-EU EEA and Swiss citizens and their eligible family members can still enter the UK on the same basis as in place currently (without requiring immigration permission, although see advice for non-EEA family members of EU and EEA nationals). However, EU, non-EU EEA and Swiss citizens and their eligible family members (as well as eligible family members of British citizens who have exercised a right to reside in another EU country) living in the UK before the UK leaves the EU (or before the end of any agreed transition period) will be able to apply for immigration permission under the ‘settlement scheme’. You will need to apply under the scheme (or under another category of the Immigration Rules) if you intend to remain in the UK after the UK leaves the EU or the end of any agreed transition period.
The settlement scheme is designed to offer EU, non-EU EEA and Swiss citizens and their eligible family members living in the UK the opportunity to protect their residence in the UK after the UK leaves the EU (separate agreements were made with EEA EFTA states and with Switzerland so that citizens of Iceland, Norway Switzerland and Lichtenstein and their eligible family members are also able to participate in the scheme). The scheme will continue to operate where an agreement with the EU is reached, and will also operate (in a more restricted way) if an agreement with the EU is not reached.
