The government released its Statement of Changes to the Immigration Rules on 24 October 2019 and finally shed some light on the ambiguous Euro Temporary Leave to Remain (Euro TLR). The following are key features of the new Scheme:
- Applications will be made from within the UK and unlike the government’s previous announcements, this will be a free application (glad they have learnt from May).
- The application will mirror the structure of the EU Settlement Scheme and so it will be an online application, which will involve an identity, security and criminality check.
- Those EEA citizens who apply under the Scheme by 31 December 2020 will be granted 36 months of limited leave in the UK. This will run from the date the leave is granted.
- From the 4 December 2019, close non-EEA family members, who are in the UK lawfully (excluding visitors), can apply for Euro TLR. They will be granted limited leave to remain in line with the EEA citizen’s leave. From 1 January 2021, EEA citizen close family members will be able to apply under the Scheme on the same basis.
- The government has emphasised that Euro TLR cannot be extended. If the Euro TLR holder wishes to stay in the UK after the expiry of their leave, then they will need to make an application under the new immigration system which will be in full force in 2021. If they do apply for a route under the new system and this allows for a route to settlement then the period of Euro TLR will count towards the qualifying residence period for settlement under that route.
- A Euro TLR holder who does not meet the requisite criteria under the new points-based system, will be expected to leave the UK when their leave expires.
- If a person’s application for Euro TLR is refused then they will be able to apply under Appendix AR (EU) for an administrative review.