Right to remain

Definition

The right to remain refers to the legal entitlement of individuals, particularly EU citizens residing in the UK, to continue living and working in the country post-Brexit. This right was solidified through the EU Settlement Scheme, which allows eligible individuals to secure their residency status after the UK's exit from the European Union, providing a level of security and stability amid changing immigration laws.

5 Must Know Facts For Your Next Test

1. The right to remain is crucial for around 3.5 million EU citizens living in the UK who sought clarity regarding their residency status after Brexit.
2. To secure their right to remain, eligible individuals must apply through the EU Settlement Scheme before the deadline set by the UK government.
3. Settled status under the EU Settlement Scheme grants individuals indefinite leave to remain, while pre-settled status allows temporary residency with a pathway to permanent residency.
4. The right to remain is also significant for family members of EU citizens, as it extends eligibility for family reunification under specific conditions.
5. Failure to apply for the right to remain can result in individuals losing their legal status in the UK and facing potential deportation or restrictions on employment.

Review Questions

• How does the EU Settlement Scheme facilitate the right to remain for EU citizens in the UK post-Brexit?
  • The EU Settlement Scheme is designed to protect the rights of EU citizens in the UK by providing a straightforward process for them to secure their residency status after Brexit. Eligible individuals can apply for either settled or pre-settled status based on their length of residence in the UK. Settled status provides permanent residency, while pre-settled status offers a temporary solution with an option for later application for settled status, ensuring that EU citizens can continue living and working in the UK without fear of losing their rights.
• Discuss the implications of the right to remain for family members of EU citizens living in the UK.
  • The right to remain not only protects EU citizens but also has significant implications for their family members. Under the provisions of the EU Settlement Scheme, eligible family members can apply for residency rights in the UK, thus facilitating family reunification. This inclusion acknowledges the importance of maintaining family ties and ensures that families are not separated due to changes in immigration laws following Brexit. The rights granted extend beyond just the individual EU citizen, impacting their families' ability to live together in a stable environment.
• Evaluate how changes in immigration law following Brexit have affected the enforcement and understanding of the right to remain for EU citizens.
  • The changes in immigration law post-Brexit have significantly transformed how the right to remain is enforced and understood among EU citizens. With the end of free movement between the UK and EU, many EU nationals face uncertainty regarding their future residency rights. The establishment of the EU Settlement Scheme has been a critical step in providing clarity and security; however, concerns about accessibility, application deadlines, and potential discrimination have arisen. This shift highlights a broader redefinition of citizenship and belonging in post-Brexit Britain, as individuals navigate new legal frameworks that impact their lives directly.

Related terms

EU Settlement Scheme: A system established by the UK government allowing EU citizens and their families to apply for settled or pre-settled status to continue living in the UK after Brexit.

Indefinite Leave to Remain: A form of permanent residency granted to non-UK nationals allowing them to live and work in the UK without any time restrictions.

Immigration Status: The legal standing of an individual concerning their ability to reside in a country, which can be influenced by various factors, including nationality, visa status, and residency rights.