Question to the Home Office:

To ask the Secretary of State for the Home Department, pursuant to the Answer of 12 July 2017 to Question 3708, on Immigration: EU nationals, how her Department will determine who is eligible for deemed leave.

The Government’s policy paper (Cm 9464) is clear that the Home Office will provide a period of blanket residence permission, to start immediately on the UK’s exit from the EU for EU citizens, and their family members, lawfully resident in the UK before the date agreed with the EU.

This will be a generic “umbrella” of temporary leave to give individuals time between the moment that free movement ends and the time that they obtain their residence document; allowing them to remain lawfully in the UK, and continue to undertake lawful activities during that interim period. Such leave, known as ‘deemed leave’ in UK law under the Immigration Act 1971, will not require an application.