Brexit – Revised Immigration Requirements for EU Nationals
21st October 2020
Found in: Blog -
For many years, the Bailiwick of Guernsey has enjoyed the benefits of Protocol Three, allowing us to be treated as part of the EU through our close links with the UK but the decision of the British people to leave the European Union does have some consequences beyond Guernsey’s control. Please see below information regarding how these changes may affect those who are EU Nationals following Brexit.
Relocation Following Brexit
On 1st January 2021, at the end of free movement, any EU, EEA and Swiss ‘new arrival’ will become subject to immigration controls in the same way as non-EU, foreign nationals currently are. They will need to establish their rights to enter and remain in accordance with the Immigration Act 1971 as amended. Ideally, once a person has decided to relocate to the Bailiwick of Guernsey, they should apply to gain immigration approval prior to settlement in the Bailiwick. They will be required to apply for leave to remain by presenting their passport in person at the Immigration office. The routes to gain ‘leave to remain’ will be dependent on an individual’s circumstances:
- As a spouse/partner of a British/Irish national or EU, EEA, Swiss national settled, pre- settled,
- As a family member of a British/Irish national or EU,EEA, Swiss national settled, pre-settled,
- Has ancestry rights (British/ British islands born parent/grandparent),
- As an investor or
- To work or establish him/herself in business (entrepreneur).
If they do not meet the criteria of the Immigration Act 1971, as amended, they will not be granted leave to remain and will be required to leave at the end of the 3 month entry period. Unfortunately, this is not negotiable as all non-British/Irish nationals will be required to comply with the Immigration Act 1971, as a direct result of Brexit which removes the right of free movement of EU nationals.
Learn more about the Entrepreneur and Investor Visa schemes here.
Please note that the minimum investable amount required for the “Investor” visa is likely to increase within the next few months to be in line with the UK. Further details will be provided in due course.
For clarity, there are no changes to the relocation process for those who are UK nationals.
Existing EU/EEA/Swiss Guernsey Residents
EU, EEA or Swiss nationals who are resident in Guernsey prior to Brexit are strongly recommended to enrol within the EU settlement scheme as soon as possible. To enrol for the settlement scheme they will need to have arrived in Guernsey before the end of 2020 and enrol in the scheme by 30/6/2021. This can be completed through the Guernsey Border Agency – further information about this can be found here