IMPACT – MEDIUM

Under the upcoming Statement of Immigration Changes that takes effect April 6, the United Kingdom will not raise the salary minimum for purposes of indefinite leave to remain. The statement also clarifies important aspects of the EU settlement scheme.

Key Changes:

  • The salary minimum for permanent resident applicants will remain at £35,800 and will not be increased to £36,200 for applications made on or after April 6 as previously scheduled.
  •  EEA nationals who apply for legal residence in the UK under the 2016 regulations before the end of the post-Brexit transition period (Dec. 31, 2020) will be able to use that document to apply under the EU Settlement Scheme.
  •  Changes are being made to expand and clarify the EU Settlement Scheme for family members and extended family members of EEA and of UK citizens.
  •  Individuals holding settled status (indefinite leave to remain) under the EU Settlement Scheme will not be subject to “returning resident provisions,” the two-year limit on absences from the U.K. Settled status will remain valid for absences from the U.K. of up to five years.

Analysis & Comments: The Statement of Changes provide some positive developments and clarifications for settlement applicants. Tier 2 (General) applicants applying for permanent residency based on five years of U.K. residency will not need to meet a higher salary threshold to be eligible, which means they could apply later this year. The clarifications on the EU Settlement Scheme will benefit EEA nationals and their family members, including extended family members.

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