Brexit is approaching social and political life of everyone in the UK and in Europe. EEA citizens living in the UK will have to determine their official status and apply for settled or pre-settled status. At Master Legal Services we offer a free initial assessment to help you navigate through the jargon of legal processes and information.
In agreement with the EU Free movement deal, Settled status will be granted to EU nationals who have completed 5 years continuous residence in the UK by the 31 December 2020.
You’ll usually get settled status if you’ve:
started living in the UK by 31 December 2020
lived in the UK for a continuous 5-year period (“continuous residence”)
If you do not have 5 years’ continuous residence, you’ll usually get “pre-settled status” instead.
You can stay in the UK for a further 5 years from the date you get pre-settled status, but you must apply again and get settled status if you want to stay here for longer than that.
The EU Settlement Scheme has been open since 30 March 2019. You may be able to apply if you meet the criteria.
Changing your pre-settled status to settled status
You can apply to change your status as soon as you’ve got 5 years’ continuous residence. If you apply after April 2019, it will be free.
Services for EEA nationals.
EEA Family Permit.
This entry clearance visa if available to you if you are the family member or extended family member of an EEA national and that EEA national is in the UK exercising their ‘Treaty rights’ or will be coming to the UK to exercise their ‘Treaty rights’.
As the family member you will have to evidence your relationship to the EEA national. The family member will have to evidence how the EEA national is exercising their treaty rights or intend to exercise their ‘Treaty rights’ i.e. employment, study, self-employment or self sufficiency.
The family permit is granted for 6 months and it allows the family member to take up employment. The family member can then apply for a residence card once they are in the UK although it is not a requirement that they must do so.
UK Residence Card.
A residence card is issued to non-EEA national family members and extended family members of an EEA national who are in the UK exercising their treaty rights. The family will have to evidence their relationship the EEA national and also evidence that the EEA national is exercising their treaty rights through working, self- employment, studying or being self-sufficient.
A residence card is valid for 5 years, after which the family member can apply for permanent residence in the UK.
A registration certificate is issued to an EEA national who is in the UK exercising their treaty rights as a worker, student, self-employed or self-sufficient. EEA national must have been exercising their treaty rights for at least 3 months before applying for a Registration certificate.
Permanent Residence Card.
Permanent residence cards are issued to EEA and non-EEA nationals who have resided in the UK for at least 5 years in accordance with the EEA Regulations. As an EEA national you must evidence that you have been exercising ‘Treaty rights’ for the entire 5 years being resident in the UK.
As a family member of an EEA national you must evidence the continued relationship over the 5 years and evidence that the EEA national has been exercising their ‘Treaty rights’ over the 5 years.
There is no English language requirement or requirement to have passed the Life in the UK test to apply for settlement.