What is the EU Settlement Scheme?
The EU Settlement Scheme offers EU, EEA and Swiss citizens and their family members the immigration status they need to continue to reside, work, study and access benefits and services in the UK after Brexit.
EU Settlement Scheme Deadlines
Citizens of the EU, EEA, and Switzerland countries as well as their family members may apply for residency under the EU Settlement Plan if they arrived in the UK by December 31, 2020 (the end of the “Withdrawal Period”) and want to stay after the “Grace Period” expires on June 30, 2021.
Individuals who were not yet qualified for settled status by that time had the option of applying for pre-settled status; they would then be qualified for settled status following five years continuous residency. You do not need to have held pre-settled status for five years before you can apply to switch to settled status. To switch, you must apply to the EUSS again before your pre-settled status expires.
If an application for either settled or pre-settled status was not submitted by this date, you may still be able to apply provided you have reasonable grounds for making a late application.
From July 1, 2021, EU, EEA, and Swiss citizens, along with their family members, have had to demonstrate their right to be in the UK through a valid UK immigration status. This status can be gained through the EUSS or by gaining a valid visa through the points-based immigration system.
Joining Family Member
Family members of any nationality of EU, EEA, or Swiss citizens who had residency on December 31, 2020, may submit an application to the EUSS at any time, provided that the family relationship was established on December 31, 2020 (with the exception of situations where a child was born or adopted after that date) and still exists.
Can I apply from outside the UK?
Eligible individuals can apply to the EUSS from outside the UK. Some inidivuals may need to apply for a EUSS family permit to travel to the UK and then apply for the EUSS once they arrive.
Pending Applications
Individuals who are awaiting the outcome of the EUSS application will have their rights protected. These individuals can evidence their rights using a Certificate of Application which is issued once their application is submitted.
What is Settled Status?
The EU Settlement Scheme grants settled status to Applicants who can provide evidence of five years of continuous residence in the UK, the Channel Islands, or the Isle of Man.
Requirements for Settled Status
In order to qualify for Settled Status you will need to satisfy the following requirements:
- You are a relevant EEA citizen; or
- You are a family member of a relevant EEA citizen; or
- You are a family member who has retained the right of residence due to a relationship with a EEA citizen; or
- You are a person with a derivative right to reside; or
- You are a person with a Zambrano right to reside; and
- You started living in the UK by 31 December 2020 (or you are a joining family member who arrived after 31 December 2020 and then completed a continuous qualifying period of residence of at least 5 years); and
- You have completed a continuous qualifying period of residence of at least 5 years.
The exact requirements you will need to satisfy will vary depending on your circumstances.
How can we help
The exact requirements and documents required for each application will vary depending on each applicant’s circumstances.
Our experienced lawyers can help applicants and dependants:
- Make an initial application
- Prepare you for any interviews
- Challenge decisions by way of Administrative Review or other appeal process
We will assist by:
- Obtaining the complete facts of a case
- Collecting relevant documents and information
- Advising the best solutions
- Using our expertise to undertake one-to-one interview preparation
- Preparing the application (including completion of forms)
- Preparing covering submissions
- Submitting the application(s) to the relevant authority
- Communicating with the relevant authority until a decision is made
- Advising about rights and entitlements following a decision
- Providing follow up support and services
By : Hanna Barzinji 15:03:2023