Last modified: 07/02/2018
We know that many EU students will be concerned about their rights in UK following Brexit and it is an uncertain time. Under EU law you have a right to be in the UK to study and work and are not required to have proof of this entitlement. This right will remain whilst the UK remains a member state of the EU which will be for at least until March 2019 or when the UK formally leaves the EU.
You may still apply for a residence certificate to show that you are exercising EU Treaty rights in the UK, information on how to do this is provided below.
There are no published details of what the new scheme will be at present but it appears that EU citizens who arrive(d) in the UK before March 2019 should retain the right to live, work and study after Brexit. It is also expected that they will be able to apply for Permanent residence (or some new Indefinite leave to remain) after 5 years.
To keep up to date with all the rapid changes in rights for EU nationals we recommend that you also you use the following sources:
Updates about the negotiations and the post Brexit position of EU nationals in the UK can be found at https://www.gov.uk/guidance/status-of-eu-nationals-in-the-uk-what-you-need-to-know
You can download free ebook guides to making EU residence applications at https://www.freemovement.org.uk/wp-content/uploads/2017/01/EU-residence-rights-students.pdf
How to apply
There is currently a charge of £65 for these applications and it can take up to 6 months to process. You do not need to use the specified application form provided by UK Visas and Immigration (UKVI), however, it easier in most cases to use it.
2. You need to provide 2 photos (get these done at Max Photo
3. A certificate of student status from SSiD.
4. Proof of your comprehensive sickness insurance (a European Health Insurance Card issued in your home country). If you do not have this you will be required to show you have additional private medical insurance which covers you for the duration of your studies in the UK. It is not sufficient to show that you are entitled to use the National Health Service (NHS) for your proof of CSI under current UK government rules. For more information about what CSI is see here
5. Proof of your finances (see detailed guide). There is no specified amount you must show. However, you should be able to show that you have enough money to cover your rent and living costs. The documents you can provide include bank statements, grant/loan letter, letter from parents, pay slips (if you are working).
What happens if I complete my studies?
If you complete your studies whilst the UK is still a member state of the EU and become a worker you will continue to have a right of residence in the UK. You can apply for confirmation of this right using the EEA(QP) form. You will need to provide evidence of your employment but will not have to show proof of comprehensive sickness insurance.
We do not know yet what your rights will be once the UK leaves the EU if by this time you are not eligible for permanent residence (living in the UK either as an EU student or migrant worker for 5 years). Information so far provided by the government suggests that you will be able to stay on and then after 5 years apply for permanent residence/indefinite leave to remain under a new scheme. Specific details of the new scheme are not yet available and this could still depend on the outcome of the overrall Brexit negotiations and reaching a deal.
Your rights to be joined by family members including those from outside the EU will continue whilst the UK remains a member of the EU.
To keep up to date with all the rapid changes in rights for EU nationals we recommend you use the following sources:
You can bring your spouse/partner and children to the UK even if they are not themselves EEA nationals. This includes civil partners and unmarried partners.
If your family member is here in the UK they will need to apply for a residence card on an EEA(FM) or EEA(EFM) form available to download. There is a charge of £65 for this application. It can take up to 6 months for these applications to be processed in the UK.
If your non-EEA family member is outside the UK they will need to apply for a family permit before they travel to the UK.There is no fee for applying outside the UK.
If you are from Croatia your non-EEA family members cannot apply for a residence card until you have completed 12 months' continuous employment in the UK. Until that time, your family member can apply for a family member residence stamp to confirm their right of residence under European law.
If your spouse or partner is from a non accession EEA country they will be able to work without permission in the UK.
If your family member is from one of the accession states they may need to apply for worker registration or authorisation.
If your family member is from outside the UK they will be allowed to work provided you are also allowed to work. However, they will need to apply for a residence card to confirm these rights to an employer (see above). If you are not married to each other then your non EEA partner will need to wait until the registration card has been processed. If you are married you should get an acknowledgement letter which confirms your right to work before the application has been processed.
You can have a 1-1 with our International Student Adviser who will also be able to check any European applications for you before you send them to the Home Office or British Embassy abroad. You will need to have:
1. Proof of your living costs (3 months bank statements and sponsor letter if appropriate)
2. Certificate of student status for EEA national
3. European Health Insurance Card issued outside of UK (for proof of Comprehensive Sickness Insurance) plus letter confirming you are temporarily resident in the UK
Can I apply for permanent residence in the UK as a student?
If you have been in the UK exercising Treaty rights as a qualified person (student, worker, job seeker, self-employed or self-sufficient person) for five years you may apply for confirmation of your rights to permanent residence. If you want to apply for British citizenship you will need proof of your permanent residence card to support your application.
We do not know yet what your rights will be once the UK leaves the EU if by this time you are not eligible for permanent residence (living in the UK either as an EU student or migrant worker for 5 years). Further information and updates are available from UKCISA. (http://www.ukcisa.org.uk/) To keep up to date with all the rapid changes in rights for EU nationals we recommend you use the following sources:
Free Movement also provide free ebook guides to making EU applications see here
How to apply
There is currently a charge of £65 for these applications and it can take up to 6 months to process. You do not need to use the specified application form EEA(PR) provided by UK Visas and Immigration (UKVI), however, if you choose to apply for example by just submitting a letter it will be important that you get advice on the preparation of your evidence. An online form has also recently been introduced. download it from here
2. If you have been studying (and not working) in the UK you will need to show that have been covered by comprehensive sickness insurance (CSI) for the duration of your studies. You will be required to provide a European Health Insurance Card (EHIC) issued from your home country.
3. If you have been working during your studies you may be able to apply as a worker rather than as a student depending on the number of hours of work. Generally speaking if you have only being doing casual work for a small number of hours you will not be considered to be a worker. You should seek further advice if this applies to you.