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Post Brexit – How EU Nationals obtain permission to continue living in Jersey

Published: 11 March 2021

From 11pm on 31 December 2020, when the UK withdrew from the EU (“Brexit”), the regulatory landscape for EU nationals, working and living in Jersey changed dramatically. So much so that if the estimated 20,000 EU Nationals living in the island do not take steps to protect their right to live in Jersey before 30 June 2021, they will be considered to be here illegally and could ultimately be asked to leave.

EU Nationals, aged 16 and over, living in Jersey before Brexit can apply to the Jersey Settlement Scheme for ‘Settled’ or ‘Pre-Settled’ Status (see link below). Once either status has been granted, by the Government, the individual may legally remain in Jersey.

Note to Reader to save their browsing time: Those with British or Irish Nationality don’t need to apply to the Settlement Scheme. This includes those who hold dual nationality, for example, British/Portuguese.

Applying for Settled Status

This is granted to applicants who have been continuously living in Jersey for a total of five years or more before Brexit.

Pre-Settled Status

This is granted to applicants who have been living in Jersey for less than five years before Brexit. After they have completed five years of residence, they can then apply for settled status.

Will the Government waive through all applications, no questions asked?

Before settled status can be granted applicants must satisfy three criteria:

  • Criminal history: Applicants must not be serious or persistent criminals, a threat to national security, or have a deportation order or exclusion order, exclusion decision or removal decision against them.
  • Identity and nationality: Applicants must also create a digital identity using the YOTI app to confirm their identity and nationality. YOTI is free and can be downloaded to a smartphone. It is effectively a person’s ID on their phone and is administered to strict data protection standards.
  • Residency: Applicants must also prove their residency length, which will be verified using their Social Security data.

Applying for settled status doesn’t affect a person’s current residential status and housing rights or their ability to work in the Island.

How to apply?

EU nationals have until Wednesday 30 June 2021 to apply for settled status, however, the Government of Jersey has been encouraging EU citizens, who wish to remain in Jersey, to apply in good time. You can apply by clicking on the below link:

Jersey EU Settlement Scheme application – one.gov.je

To discuss Jersey’s Settlement Scheme or any other aspect of immigration law please do not hesitate to contact a member of the Viberts team.

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