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Families of EU migrants who arrive in UK before Brexit will be allowed to stay, Theresa May reveals

The Prime Minister - 2017 Getty Images
The Prime Minister - 2017 Getty Images

EU citizens who are given the right to settle in the UK after Brexit will be allowed to bring their family members to Britain, even if they do not currently live in in the country, the Prime Minister has announced. 

The generous deal, offered by Theresa May to EU nations, means anyone who has lived in the UK for five years continuously will be granted settled status and will be free to bring their family from Europe to live in Britain as long as they do so before Brexit. 

It has led to claims that many more than the three million EU nationals currently living in the UK will be given the right to live and work in the country after the UK leaves the bloc. 

The Home Office will be forced to tackle over 4,000 applications for citizenship every day in order to arrange status for everyone living here, it has emerged. 

The Prime Minister - Credit: AFP
The Prime Minister Credit: AFP

The document, published today, states that after the UK leaves the EU all citizens from the 27 other member states will have to apply for immigration status in this country because freedom of movement will end and they will no longer be able to come and go unrestricted.

Mrs May is seeking a reciprocal deal with other states, some of whom have already indicated that the document published today does not go far enough. 

The Government will agree a cut-off date with the EU, after which any new EU citizens arriving in the UK may not be given "settled status". 

Anyone from another EU nation living in the UK before the cut-off date will be entitled to claim settled status as long as they have lived in the country for five years continuously. 

Settled status is essentially the same as indefinite leave to remain, which gives the holder the right to use UK public services and access benefits and education. 

It does not give the holder the right to a British passport, but those with six years residency can apply for citizenship and obtain one this way. 

The Prime Minister and Jean Claude Juncker - Credit: Alamy
The Prime Minister and Jean Claude Juncker Credit: Alamy

Family members of EU citizens with settled status will have the right to come to the UK and build up their five year residency in order to achieve the same status, even if they did not live in the country before the cut-off date - as long as they come before the UK leaves the union. 

Family members are generally accepted as dependent children, spouses, parents and could also possibly include cousins, although the detail is yet to be agreed. 

But if family members seek to come to the UK to join those with settled status after Brexit they will have to do so under current UK rules, which force migrants to prove they have enough income to support themselves. 

Anyone who has not got the full five years needed for settled status but was here before the cut-off date will be allowed to stay in the UK in order to build up enough time to achieve the full rights after Brexit. 

There will be a two-year grace period after the UK leaves the union during which time everyone will have to apply and achieve a status in UK law. 

During this grace period every EU national will be given a temporary status which allows them to continue living and working in the UK legally, to avoid a cliff edge effect.

Those who arrive after the cut-off date may be allowed to apply for settled status or they may be given a temporary status, depending on their circumstances. 

There will be some exceptions for special cases and criminals and those deemed to be a threat to the UK's security will not be allowed to stay. 

Announcing the plans today Mrs May told EU citizens "we want you to stay" as she vowed that anyone arriving before the cut-off date with five years residence will be free to access benefits, healthcare, pensions and other public services as UK nationals do.

Irish citizens will not need to apply for permanent residence, the Prime Minister said, adding that healthcare cover and other reciprocal arrangements with the EU will continue after exit.