EU Settlement Scheme

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EU Settlement Scheme: Pre-Settled and Settled Status

Are you an EEA national looking to obtain Pre-settled and Settled Status in the UK? If you need help with your application? Master Legal Services is an expert team in London offering affordable immigration services for both businesses and individuals, based inside and outside the UK. For further information, feel free to contact our office to speak to an expert on 020 8935 5205 or via Whatsapp on 07710987064.

EU Settlement Scheme – Who should apply

As the government states “if you want to stay in the UK after 30 June 2021 you’ll usually need to apply if you’re an EU citizen or a family member of an EU citizen”.

This includes if you either:

  • were born in the UK but are not a British citizen
  • are married to a British citizen and you’re from the EU

Note! You’ll not usually be eligible to apply if you’re married to a British citizen and you’re from outside the EU.

The EU Settlement Scheme will open fully by 30 March 2019. You may be able to apply if you meet the criteria.

EU Settlement Scheme – You do not need to apply if:

  • you’re an Irish citizen – your family members from outside either the UK or Ireland will still need to apply
  • you have indefinite leave to enter the UK
  • you have indefinite leave to remain in the UK

You do not need to apply if you already have indefinite leave to remain or enter the UK, but still you can.

Your family members from outside either the UK or Ireland will still need to apply even if you do not need to.

EU Settlement Scheme – Applying if you’re from outside the EU

You must be in a relationship with an EU citizen as their spouse, civil partner or unmarried partner.

You’ll need a residence card to prove your relationship if you’re unmarried.

You can also be related to an EU citizen, their spouse or civil partner as their:

  • child, grandchild or great-grandchild under 21 years old
  • dependent child over the age of 21
  • dependent parent, grandparent or great-grandparent
  • dependent relative with a residence card to prove your relationship

If you have a “UK permanent residence document”

You will still need to apply.

You’ll be given either:

  • settled status
  • pre-settled status

EU Settlement Scheme –Your rights and status

The rights and status of EU citizens living in the UK will remain the same until 30 June 2021.

If you apply to the EU Settlement Scheme successfully, you’ll be able to continue living and working in the UK after 30 June 2021.

  • work in the UK
  • use the NHS
  • enrol in education or continue studying
  • access public funds such as benefits and pensions, if you’re eligible for them
  • travel in and out of the UK

Any children born in the UK after you’ve got pre-settled status will be automatically eligible for pre-settled status. They will only be a British citizen if they qualify for it through their other parent.

  • this status remains valid.
  • There is no application fee where the applicant is a child under the age of 18 being ‘looked after’ by a local authority.

It should be noted that applicants will not be asked to choose which status they are applying for.

What is Settled Status for EU nationals?

Settled status will be granted to EU nationals who have completed 5 years continuous residence in the UK by the 30 June 2021.

When should EU Citizens start applying For Settled Status?

The first date of Brexit is supposed to be the 30th of March 2019 and is also the same day that the scheme was launched fully.

A test run of almost 30,000 applicants prior to January 2019 processed two thirds got approved within three working days and 81% in one week.

With a lot of improvements being made, nearly a quarter of the concerned population made it known to the UK government that it was a difficult situation during previous testing. But we expect a phase roll-out later in the year.

When is the deadline to apply for Settled Status?

The closing date for applying on the scheme is the 30th of June 2021 but this includes a grace period of half a year for individuals who forgot to send in their applications. Vulnerability is also given consideration in the scheme, so those who are vulnerable are also allowed to take advantage of the grace period.

This means that every EU national in the UK should have submitted an application, either for settled status or for pre-settled status, by this date.

UK Settled Status Application – Settled Status

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”)

Five years’ continuous residence means that for 5 years in a row you’ve been in the UK for at least 6 months in any 12 month period, except for:

  • one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting)
  • compulsory military service of any length

You will only need to apply to the EU Settlement Scheme once if you get settled status.

EU Settlement Scheme – When you are granted Settled Status, you have the right to:

  • stay in the UK for as long as you like
  • apply for British citizenship, if you’re eligible
  • work in the UK
  • use the NHS
  • enrol in education or continue studying
  • access public funds such as benefits and pensions, if you’re eligible for them
  • travel in and out of the UK

With Settled Status, you will also be permitted to bring close family members to join you in the to the UK after 31 December 2020. You will be eligible to do this if the following two criteria apply:

  • your relationship with them began before 31 December 2020
  • you are still in the relationship when they apply to join you

If your relationship with them began after 31 December 2020, your family member will be able to come here on a family visa.

Any children born in the UK while you’re living here will automatically be British citizens.

You should be able to spend up to 5 years in a row outside the UK without losing your settled status.

EU Settlement Scheme – Cost of Applications

The application fee for the scheme is £65, or £32.50 for those aged under 16 at the date of application.

There are some circumstances where there is no application fee:

  • There is no application fee where the applicant has previously been issued a permanent residence document.
  • There is no application fee where the applicant has previously been granted indefinite leave to enter (ILE) or ILR under another provision of the Immigration Rules

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.

What is Pre-Settled Status for EEA nationals?

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.

If you’re an EU national, you and your family will be able to apply to the EU Settlement Scheme from March 2019. This will allow you to continue living in the UK after 30 June 2021. If your application is successful, you will be granted either settled or pre-settled status.

It should be noted that applicants will not be asked to choose which application they are making. The Home Office will make a decision on whether the applicant will be granted Settled or Pre-SettledStatus. It also vital to note that there is a difference between settled status and permanent residency.

EU Settlement Scheme – Pre-Settled Status:

If you have not completed a continuous 5 years of continuous residence in the UK  before the deadline ( 30 June 2021), you will not be eligible for settled status before the deadline for the EU Settlement Scheme. However if you meet all the eligibility criteria, you’ll get pre-settled status if you apply any time before 30 June 2021.

You will be able to then change your pre-settled status to settled status as soon as you have completed 5 years’ continuous residence. Currently the Home Office have informed that changing from pre-settled status to settled status will be free.

A person who is given Pre-Settled Status can spend up to 2 years in a row outside the UK without losing your pre-settled status. However, it should be noted that in order to qualify for Settled Status, you will need to maintain your continuous residence

Pre-Settled Status for EEA nationals – Who is a qualified person?

  • You have come to the UK recently just on the threshold of Brexit and you don’t know how to qualify your status and what rights you have.
  • You are an EEA citizen, but the period of stay in the UK does not count 5 years?
  • 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 will open fully by 30 March 2019. You may be able to apply if you meet the criteria.

EU Settlement Scheme – Once granted with Pre-Settled Status, you will be able to:

You can spend up to 2 years in a row outside the UK without losing your pre-settled status, but you will need to maintain your continuous residence if you want to qualify for settled status.

  • working the UK
  • usethe NHS
  • enrolin education or continue studying
  • accesspublic funds such as benefits and pensions, if you’re eligible for them
  • travelin and out of the UK

With regards to children, any child born in the UK after you’ve obtained Pre-Settled Status will be automatically eligible for Pre-Settled Status. They will only be a British citizen if they qualify for it through their other parent.

  • this status remains valid.
  • There is no application fee where the applicant is a child under the age of 18 being ‘looked after’ by a local authority.

You may notice that one of the key differences of rights between having Settled Status and Pre-Settled Status is eligibility for citizenship.

EU Settlement Scheme – 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.

Conclusion

EEA citizens are actively searching for information about their legal stay in the UK after the country leaves the European Union. This perplexity is often stipulated by the fact that people are not sure whether they can continue working as before, and what status will be assigned to them based on the period of their stay on the island.

Do you have a European Union country passport, thanks to which you have been residing and working in the UK with no hindrance, but don’t know what further steps to take to stay and live here, meeting all the immigration requirements?

According to the agreement between the EU member states, until December 31, 2020, Brexit will not have any consequences for those who are already in the UK or intend to arrive before this date. Such citizens will receive the right for permanent residence after a 5-year period of stay in the country on a legal basis and in compliance with the qualification requirements. However, such candidates should still declare their presence here before the relevant date.

You and your family members can apply for pre-settled or settled status. This will allow you to continue living in the UK after June 30, 2021. The rights and status of EU citizens living in the UK will remain the same until 30 June 2021. If you apply to the EU Settlement Scheme successfully, you’ll be able to continue living and working in the UK after 30 June 2021. You’ll be given either settled status or pre-settled status; it should be noted that applicants will not be asked to choose which status they are applying for. The decision will be made by the Home Office, taking into account the period of residence in the UK and the documents provided.

If you do not have 5 years’ continuous residence, you won’t usually get settled status. However, if you meet all eligibility criteria, you will be assigned a pre-settled status instead. Any time before June 30, 2021, you will need to submit an application. 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. 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.

You can spend up to 2 years in a row outside the UK without losing your pre-settled status, but you will need to maintain your continuous residence if you want to qualify for settled status.

FAQs

Can I bring my Family Members ?

The EU Settlement Scheme stipulates that family members must not be from the European Union; they can come from any location around the world, in such cases, they are called non-EU citizen family members.

Family members of Qualified European Union nationals

Non-EU family members who are already resident in Britain by December 31, 2020 will be qualified to submit applications for the EU Settlement Scheme. If you have close family members who are not resident in Britain by December 31, 2020, they will be eligible to join you anytime in the future, provided the relationship still exists. The rights of children either born or adopted after December 31, 2020 will be protected.

Individuals from the European Union or EEA (European Economic Area) who are residents in the UK might be able to lay claim to some benefits. The EEA covers all European Union countries and others like Liechtenstein, Iceland and Norway. People from Switzerland might be included in the benefits.

However, there is the need to prove certain facts about your life in the UK for every benefit you need to apply for;

  • You should prove that you have the right to lay claim to benefits in Britain – this is referred to as “right to reside”
  • That Britain, Channel Islands, Ireland or the Isle of Man is your main home and you have plans to stay – this is referred to as being ‘habitually resident’
  • You will need to meet the necessary criteria for the benefits you wish to claim – in explanation, your income is less than a certain amount or you are sick.

Individuals who have lived for more than five years in the United Kingdom and has put in their applications for settled status or those who have been granted settled status can submit application for benefits. In this case, there won’t be need for evidence of right to reside. For people who are yet to be granted settled status before December 31 2020, their benefits might stop.

Individual who are yet to be granted settled status, but have proof of right to reside in Britain can submit applications for benefits.

People who might have right to reside include; 

  • Those that are working.
  • Those whose family members are working
  • Those who recently quit their jobs and are searching for new employment.

It is usually advisable to first ascertain what benefits you are eligible for and check to see what and what are required as proof for that particular benefit. You will then know if you are eligible or not.

Individuals who are struggling to put food on their table can get benefit from a food bank, or can get help from your local council if;

  • If you are unemployed or receiving a very low income.
  • You are disabled, ill or have a dependent that you care for.
  • If you have kids.
  • You are of pensionable age or have crossed it.

Individuals who are already working and receiving some form of benefits from another EEA country might still be eligible to claim certain benefits like Universal Credit. However, you need to include the details of the benefits you are already receiving from the other country when you submit applications to get benefits in the UK. The benefits you are likely to get from the UK might be affected by the amount you are already receiving from the other country.

Individuals don’t need to prove that they have right to reside to claim benefits like; 

  • Carer’s allowance
  • Attendance allowance
  • Disability living allowance
  • Personal independence Payment

Your right to reside can only be used to claim benefits till December 31, 2020, after which it becomes compulsory to have settled status or your benefits stop.

Individuals are not required to pass the habitual residence test in order to claim; 

  • Child benefit
  • Contribution-based Jobseeker’s Allowance
  • Contribution-based Support and Employment Allowance

The habitual resident test will only allow you to claim benefits till 31 December, 2020, after which you must get settled status or your benefit will stop.

How do I apply for an EEA Family Permit?

If you happen to be a citizen of the EEA (European Economic Area) resident in the UK who have family members that not citizens of the EEA, there is a way that they can join you through EEA Family Permits. This particular immigration category stipulates that individuals who have been granted EEA Family Permit will be able to enter the UK, live as well as hold down paid employments there on the basis that they are dependants of a European Economic Area citizen.

Eligibility for EEA Family Permit: who is it meant for?

Eligibility for this kind of permit covers quite a few numbers of people, it is tailor-made for non-EEA citizens who are:

  • A civil partner or spouse of an EEA or Swiss citizen
  • A descendant of an EEA citizen like a child or grandchild or civil partner/spouse who is currently below 21 years of age.
  • Child or grandchild who is a dependant descendant of a European Economic Area citizen or their civil partner/spouse whose ages are from 21 years and above
  • Dependant relative in ascending line – This means parents or grandparents of a European Economic Area citizen or Swiss citizen or his civil partner/spouse.

What are the requirements for the EEA Family Permit?

Individuals who wish to submit their applications for EEA Family Permit needs to satisfy some few requirements which are: 

  • The EEA citizen partner needs to be exercising his Treaty rights in the United Kingdom, in explanation; this means that the partner must be someone who is studying, doing some sort of business (self-employed) or holding down paid employment
  • Two conditions exist for the EEA citizen and their non-EEA family member – it is either that they are legally bound to each other in marriage (this means married Couples) or otherwise, they should be able to provide proof of cohabiting within the most recent couple of years ( this means unmarried couples)
  • The EEA citizen and their non-EEA family member must have already met
  • The EEA citizen and their non-EEA family member must demonstrate their intentions to continue living together as a couple.
  • Both the EEA citizen and their non- EEA family member must be moving to the United Kingdom together, otherwise, the EEA citizen should already be a resident of the United Kingdom, and then have his or her partner come over.
  • The family unit must never depend on the UK public fund throughout the duration of their stay in Britain. 

EEA Family Permits and Unmarried Partners

If you happen to be an unmarried partner of an EEA citizen, you can be given considerations for a family permit as a member of the extended family, provided both of you have proved that your relationship is a durable one, and you will still be able to satisfy the same criteria as those who are in place for unmarried partner visa. What this means, in essence, is that both the EEA citizen and his or her partner have been cohabiting in a relationship very similar to civil partnership or marriage and their union must have endured for a couple of years in the least.

About Restrictions and Working Rules 

In a situation where the European Economic Area citizen is a qualified person in the United Kingdom, their family members who are non-EEA nationals will be entitled to get paid employment when they join them in the UK. Besides, no restrictions of any kind will be imposed on them.

How to go About Applying for your EEA Family Permit.

Family members who are non-EU citizens need to submit their applications to a British Diplomatic Post abroad before travelling to the United Kingdom. It is important to note that those people who are already residents in Britain do not need to return to their home countries or country of lawful residence to be able to have access to an EEA Family Permit.

Validity for an EEA Family Permit: How long does it take?

EEA-national partner will have their EEA Family Permit issued for a period of six months. However, before the expiration of the six months period, it is expected of the individual to submit applications for a Resident Permit, if they are lucky, they will not need to exit the UK at the end of their six months period.

On the other hand, non-EEA family member seeking to get EEA Family Permit will have it issued for five-year-period, but before the expiration of your five-year-period, it is expected of the non-EEA family member to submit applications for an ILR or Indefinite Leave to Remain in the United Kingdom. Note, an ILR can also be referred to as Permanent Residence.

ILR or Indefinite Leave to Remain and EEA Family Permit

Individuals who already have an EEA Family Permit (This includes all family members as well as the EU national) become eligible to submit applications for Indefinite Leave to remain after residing in the UK for a period of five years. The only condition is to make sure that you obtain all the required permissions in the meantime.

EEA Nationals and Permanent Residence

European Economic Area citizens who wish to submit applications for British Naturalization can do so but first, they need to apply for a document which will confirm that they are completely free from any kind of Immigration restrictions, and when they are ready to submit applications for the British Naturalization proper, the document must be presented to the authorities as part of their application package.

When submitting applications for British Naturalization, citizens of the European Economic Area who have already been granted their Permanent Residence status under the 2006 EEA regulations with the conditions of having resided in the United Kingdom continuously for a period of five years, will in addition have the need to prove that they have also completed another 12 months period of residence in the United Kingdom. Important to note that this period can only be considered if it is completely free from immigration time restrictions of any kind.

Settled Status vs. Permanent Residency

If you have a valid permanent residence document in the United Kingdom, it will be one of the following:

  • a certificate in your blue “residence documentation” brochure.
  • a certificate in your passport
  • a biometric residence card that confirms permanent residence (only if you are from outside the EU)
  • If you are from the EU, EEA or Switzerland, your permanent residence document will read “Document certifying permanent residence”. If you are from outside the EU, EEA or Switzerland, your passport will say “State of permanent residence”.

You can change your permanent residence document to the settlement status by applying to the EU Settlement Plan. You will not have to pay or show that you have 5 years of continuous residence.

Is settled status the same as citizenship?

UK citizenship is never the same thing as settled status. Settled status will not grant you a UK passport or British citizenship. In fact, settled status is meant to grant fewer rights than UK citizenship but it is a whole lot easier to process.

For example, European Union nationals who are resident in the UK will not be required to show evidence of their knowledge of language and life in Britain to be able to get settled status.

If you are an EU citizen living in Britain and you have been able to gain settled status, you will be qualified to submit applicattion for full British citizenship after one year. Besides, settled status is also not the same with residence permit for EU citizens in UK, you have your UK residence card when you gain a resident permit.

Will I lose settled status if I leave the UK?

Yes, the possibility to lose your settled status right is a stark reality. European Union nationals who have settled status will lose it as well as their right for continued stay in the UK if they are absence from Britain for over five years

Will I lose pre-settled status if I leave the UK?

Permanent right to stay cannot come from pre-settled status and to keep it maintained, citizens of the EU must keep up continuous residence in Britain. From 2021, any EU national who comes to join a person who already has settled status must continue with the relationship (like marriage) for up to five years in order to be able to qualify for his or her own settled status.

Will I be able to go on holiday with Settled Status?

Yes it is possible, keeping ‘continuous residence’ for the initial five years does not mean that you cannot leave the country at all, it only means not going out of the UK for over six months within one year.

Can I still access the NHS after Brexit?

According to the Home Office, individuals who are granted the status will still enjoy the same access as they presently do which means pensions, healthcare and any other benefits. This may sound broad but it will not be same as the rights enjoyed by UK nationals. Also, it is not fully confirmed whether the process will involve a fee or not – this will be confirmed later.

Will I be rejected if I have a minor criminal offence?

According to Sajid Javid – the present Home Secretary, the approach that will be eventually taken is going to be sensible, so the likely answer to the question is in the negative. At least, no one needs to face such situation. The Home office document tagged it a sensible approach, explaining that they are not interested in minor offenses or misdemeanors like when people are charged with parking fine. It is only when an individual has faced convictions for serious offences like felony that his or her application will be considered for rejection

Is it necessary for me to have an ‘ID card’?

An identity card is not a necessity in this case, so the answer is no. European Union citizens are going to receive proof of settled status and this will come in digital form – Physical documents will not be issued in this regard.

What happens if my application is rejected?

If a refused application is a valid one, such individual will have to exercise his right to call for an administrative review.

Besides, applicants who have faced refusals under this scheme are free to submit new application forms at any time but this should not exceed the last day in June 2021. Applications can be submitted as many times as possible from a single individual as long as it does not exceed the stipulated date.

To cap it all, UK government is in the process of hatching a plan that will introduce a system which gives legal right of appeal to any application that will come in from March next year.