What does the Government’s Brexit plan mean for EU citizens living in Britain?

Here’s what the Government’s Brexit plan means for EU citizens living in Britain:
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Theresa May has pledged that no EU national currently living lawfully in the UK will be made to leave on the day of Brexit, provided British expats are given the same assurance.

The Prime Minister said she wants to offer "certainty" to the estimated three million EU expats in the UK – a million of which live in London – and ensure that families are not split up by Brexit.

However she has made clear that the proposals would be adopted if the same rights are granted to UK citizens living in the remaining 27 EU states in a reciprocal settlement.

A Government paper outlines the government’s stance on "safeguarding the position of EU citizens living in the UK and UK nationals living in the EU".

Here’s what the Government’s Brexit plan means for EU citizens living in Britain:

EU citizens who have lived in the UK for five years

Under Government proposals, a new "settled status" would grant EU migrants who had lived in the UK for five years rights to stay and access healthcare, education, welfare and pensions.

A new “light touch” online system will process applications that will give applicants the same “indefinite leave to remain” status as many non-European nationals who have also lived in Britain for five years.

Theresa May has promised that the system will be streamlined, doing away with the 85-page permanent residency application form which has been the subject of loud complaints from EU expats.

A new EU “settled status” residence document, similar to a visa, will prove the person can legally live and work in the UK and will be backed up by an entry on a Home Office central database or register.

The application process will enable those who wish to do so to get their new status at their earliest convenience, the paper adds.

It says: "For those who have already obtained a certificate of their permanent residence, we will seek to make sure that the application process for settled status is as streamlined as possible."

EU citizens who have lived in the UK for less than five years

Those resident for a shorter period will have the opportunity to stay on until they have reached the five-year threshold.

EU citizens who arrived before the cut-off date will be able to apply for temporary status until they have lived in the UK for five year, after which they will be able to apply for settled status.

Those arriving after the cut-off date but before the date of Brexit will have a "grace period" - expected to be two years - within which to regularise their immigration status with a view to later seeking settled status.

The paper adds that this group "should have no expectation of guaranteed settled status".

When will the cut-off point be?

The cut-off date is yet to be set, but will come between the day when Britain formally notified Brussels of its intention to quit on April 29 2017 and the day when it finally leaves, expected to be March 29 2019.

However it is thought that the UK is reserving the option of setting an early cut-off for residency rights in case there is a late surge of migrants arriving as Brexit approaches.

Theresa May suggested last week that she could set an early cut-off date for residency rights and rejected a Brussels demand for the European Court of Justice (ECJ) to retain powers to enforce rights following Brexit.

What does it mean for families?

EU nationals living in Britain will not be separated from their families as a result of Brexit, Theresa May has said.

Setting out plans for protecting EU nationals’ rights once the UK leaves the bloc, the Prime Minister said “no families will be split up”.

Mrs May said EU nationals could still bring dependent family members to join them in the country, and will be able to apply for settled status after five years.

Family dependants who join a qualifying EU citizen in the UK before the UK’s exit will be able to apply for settled status after five years "irrespective of the specified date". the paper says.

It adds: "Those joining after our exit will be subject to the same rules as those joining British citizens or alternatively to the postexit immigration arrangements for EU citizens who arrive after the specified date."

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