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EU Citizen property buying rights post Brexit

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  • Query EU Citizen property buying rights post Brexit

    Hello everyone,

    I searched the help topics and haven’t been able to find anything on this.

    I wonder whether the lawyers in the forum have any further info on likely property purchasing rights scenarios in case of a no deal?

    I’m looking at purchasing the house we’re currently renting, which would be entirely in my name. I have Settled Status, but obviously that’s all tied to Theresa May’s dead deal, and finance-wise it will only be possible for me to complete early to mid 2020. Is there any likelihood my right to purchase property will change with Brexit, no matter what form it will take?

    Many thanks for your help with any thought experiments!

  • #2
    Originally posted by Tokimeki View Post
    Hello everyone,

    I searched the help topics and haven’t been able to find anything on this.

    I wonder whether the lawyers in the forum have any further info on likely property purchasing rights scenarios in case of a no deal?

    I’m looking at purchasing the house we’re currently renting, which would be entirely in my name. I have Settled Status, but obviously that’s all tied to Theresa May’s dead deal,
    Morning,

    I'm afraid you have been misinformed on this, first of all, it's not "Theresa May's" deal, it is the deal negotiated between the UK and the EU, not a personal agreement between her and the EU, and any deal would have to be done along much the same lines.

    Secondly, settled status is NOT, in any way, tied to this deal, or ANY deal with the EU, since it's based on UK legislation. In fact, the withdrawal agreement only covers those people who satisfy the criteria of having been qualified persons exercising treaty rights in accordance with EU rules, while settled status is Indefinite Leave to Remain under the UK, domestic immigration rules, based purely on residence. These rules were made into law nearly a year ago and are not, in any way, contingent on any deal reached with the EU.

    What would change in the event of no deal are certain dates and deadlines for non UK resident EU nationals to move to the UK as well as for family members to join UK residents, but that has no bearing on people already in the UK by Brexit day. Please look at this post: UKCEN Citizenship and Residence for European Nationals and their families

    I was under the impression that this was now known by everyone. The Home Office was hardly going to start running a scheme where close to a million people have already been granted status, if it was contingent on a deal done with the EU.

    Originally posted by Tokimeki View Post
    and finance-wise it will only be possible for me to complete early to mid 2020. Is there any likelihood my right to purchase property will change with Brexit, no matter what form it will take?
    The short answer is: NO, as above. Furthermore, property purchasing rights in the UK, as is the case in many other countries, extend to people without a right of residence in the country, this has no bearing on anyone who is eligible to apply under the EU Settlement Scheme but, as this is a public forum, I'd like to clarify this for the benefit of others who may be reading these posts. In fact, one reason for the high property prices in parts of the UK, particularly London and the South, has been the popularity of UK property amongst foreign investors (as in investors who live abroad and have no intention of moving to the UK).

    Originally posted by Tokimeki View Post
    Many thanks for your help with any thought experiments!
    These are not thought experiments, they are facts.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      Thank you for the fast reply, information and clarification. Much appreciated.

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