Understanding European Temporary Leave to Remain

While the risk of the UK leaving the European Union without a deal remains high, businesses are being encouraged to get to grips with measures the government has put in place to manage the impact. 

One such measure is the European Temporary Leave to Remain (ETLR). Under the event of a no-deal Brexit, the UK government has committed to ending Freedom of Movement. The impact of this will be that citizens from the EU, EEA and Switzerland will still be permitted to enter the UK VISA-free, but only for stays of up to three months. Anyone looking to stay in the country longer (but who hasn’t been granted Settled Status), will need to apply for ETLR. 

The government anticipates that whilst the process of applying to ETLR should take no longer than five days, businesses should not delay in beginning the process when the scheme opens.

If they’re successful, they can then remain in the UK for a further 36 months. After that 36 month period, the government plans to have a new system in place. The specifics of that system remain unclear, however Konrad explains that the government “is consulting on an Australian-style points system”. 

If an application for the ETLR is unsuccessful, Konrad explains that “you may be able to have the decision reviewed and this will be clarified in the letter that you receive upon rejection, with further information given on what to do next. The Government also provided information on how to apply for an administrative review of an application”. You can read this information here. 

Irish citizens do not need to apply for ETLR. The Common Travel Area Arrangements that are already in place between Ireland and the UK will continue even in the event of a no-deal Brexit.

Post no-deal Brexit, an employee who successfully applies for ETLR may also want to bring their family with them into the country. In this situation, family members will need to apply separately for ETLR and there is no way that the government can guarantee a successful application. 

Applications for ETLR will open only after the UK leaves the EU without a deal. Until then, says Konrad, “EU Settlement Scheme is the only option available to individuals who want to apply, and we would encourage companies to begin the process of applications as soon as possible”. The deadline for applications for the Settled Status is December 31st 2020.

Should you or any of your employees run into any issues during the application, the Advertising Association suggests that you visit the GOV.UK website or ring the dedicated telephone advice service - dubbed the EU Settlement Resolution Centre - on 0300 123 7379 for more information. 

Further information is available at the Advertising Association website – a special Brexit section can be visited here.