Apply to the EU Settlement Scheme
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Overview of the EU Settlement Scheme
If you are an EU, EEA or Swiss citizen, you and your family can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. If your application is successful, you’ll get either settled or pre-settled status depending on the period (and meeting other criteria while) you have resided in the UK.
How Much does it Cost?
The scheme is free to apply to.
Do I need to Apply?
With very few exceptions, you need to apply if:
- You are an EU, EEA or Swiss citizen
- You ae not an EU, EEA or Swiss citizen, but your family member is
- You are a family member of an EU, EEA or Swiss citizen who does not need to apply - including if they are from Ireland
- You are an EU, EEA or Swiss citizen with a British citizen family member
* The deadline for applying is 30 June 2021.
If the UK leaves the EU without a deal
You will need to be living in the UK before it leaves the EU to apply. The deadline for applying will be 31 December 2020.
I already have a Permanent Residence Document, do I still need to Apply?
Yes, you will still need to apply by the above deadline to continue living in the UK after that date.
Who else can Apply?
You may be able to apply if you are not an EU, EEA or Swiss citizen but:
- You used to have an EU, EEA or Swiss family member living in the UK (but you’ve separated, or they’ve died)
- You are the family member of a British citizen and you lived outside the UK in an EEA country together
- You are the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship
- You are the primary carer of a British, EU, EEA or Swiss citizen
- You are the child of an EU, EEA or Swiss citizen who used to live and work in the UK, or the child’s primary carer
Settled status
You should be eligible for settled status if you meet the following criteria:
- started living in the UK by 31 December 2020 (or by the date the UK leaves the EU without a deal)
- lived in the UK for a continuous 5-year period (known as ‘continuous residence’)
- Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period. The exceptions are:
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
time you spent abroad as a Crown servant, or as the family member of a Crown servant
time you spent abroad in the armed forces, or as the family member of someone in the armed forces
You can stay in the UK as long as you like if you get settled status. You’ll also be able to apply for British citizenship if you’re eligible.
Pre-settled status
If you do not have 5 years’ continuous residence when you apply, you should still get pre-settled status. You must have started living in the UK by 31 December 2020 (or by the date the UK leaves the EU without a deal).
You can then apply to change this to settled status once you have got 5 years’ continuous residence.
If you’ll reach 5 years’ continuous residence at some point before 30 December 2020, you can choose to wait to apply until you reach 5 years’ continuous residence. This means that if your application is successful, you will get settled status without having to apply for pre-settled status first.
You can stay in the UK for a further 5 years from the date you get pre-settled status.
Your rights with settled or pre-settled status
You’ll be able to:
- 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
- If you want to spend time outside the UK
- If you have settled status, you should be able to spend up to 5 years in a row outside the UK without losing your status. (This is still subject to approval by Parliament.)
If you’re a Swiss citizen you and your family members can spend up to 4 years in a row outside the UK without losing your settled status. (This is still subject to approval by Parliament).
If you have pre-settled status, you can spend up to 2 years in a row outside the UK without losing your status. You will need to maintain your continuous residence if you want to qualify for settled status.
If you have children after applying
If you get settled status, any children born in the UK while you’re living here will automatically be British citizens.
If you get pre-settled status, any children born in the UK will be automatically eligible for pre-settled status. They will only be a British citizen if they qualify for it through their other parent.
If you want to bring family members to the UK
Your close family members can join you in the UK before 31 December 2020. They’ll need to apply to the EU Settlement Scheme once they’re here.
If the UK leaves the EU with a deal you’ll be able to bring close family members to the UK after 31 December 2020 if both of the following apply:
- your relationship with them began before 31 December 2020
- you are still in the relationship when they apply to join you
- If the UK leaves the EU without a deal, the deadline for close family members joining you in the UK is 29 March 2022.
You will not be able to bring them here under the EU Settlement Scheme if your relationship with them began after 31 December 2020. They may be able to come here in a different way, for example on a family visa.
I know that understanding EEA guidelines can be confusing, especially in the current political climate. As a fully accredited and regulated Immigration Solicitor, it is in my and my clients' interests that I stay up-to-date with current EEA legislation changes. I can work with you to understand your options, both now and after Brexit. I will work with you to design a plan for you and your family members, check your requirements according to the most recent laws and assist you with any applications you make.
Contact Me now on 0203 302 6864
or complete the enquiry form to get expert advice from a Top Immigration Solicitor.
The current Law for European Citizens already living in the UK, and those intending to come to the UK
If you are a European Economic Area (EEA) national, you automatically have the right to live, work and study in the UK.
Countries included in the EEA are:
Austria, Belgium, Bulgaria, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, the Republic of Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK.
* Note: Nationals of Switzerland, Bulgaria and Romania also have the same rights as EEA nationals.
With the new regulations, EU Nationals and their family members can continue to live, work and study in the UK if they can demonstrate that they have lived in the UK on or before the 30th of June 2021 (this will be 31st of December 2020 if the UK leaves the EU without a deal). For those who have yet to emigrate to the UK, therefore, it is advisable for them to make plans as soon as possible, and to be living in the UK by this date.
First Stage: EEA Family Permit
If you are a Non EEA/EU Citizen, and you are not currently residing in the UK, but are a Family member of an EU Citizen who is currently residing in the UK, an EEA Family Permit is the first type of EEA/EU application you would need to apply for in order to enter the UK.
An EEA Family Permit is a form of entry clearance to the UK and is designed to make movement around the Member States easier for non-EEA family members.
EEA Family Permit holders are able to enter, live and work in the UK, on the basis of them being a dependent of a citizen of the European Economic Area (EEA).
An EEA family permit is valid for 6 months. You can leave and enter the UK as many times as you need within that time. It is advisable to submit an application for the pre-settled status document, however, in order to be able to legally remain in the UK. See below for more details.
Second Stage: Residence Card and Registration Certificate
Once in the UK, the non-EEA family permit holder can apply to confirm their right of residence as a dependent of an EU national under European Law by applying for a Residence Card. The EEA/EU citizen is also advised to apply for a Registration Certificate confirming their right of residence because they are “exercising their Treaty Rights” while they are living in the UK.
The residence card/ registration certificate is usually valid for 5 years.
Pre-Settled Status Document:
Before the 31st of December 2020, or the 30th of June 2021 (more on the different dates, below), in order to remain in the UK, EU nationals and their family members must apply for a pre-settled status document, to confirm their immigration statuses in the UK. This is regardless of whether or not the EEA National and/or their family members already have a Residence Permit or a Residence Card.
The application is available for EU Nationals and/or their family members who will have lived in the UK for less than 5 years by the 31st of December 2020.
Deadline to Submit the Applications:
The deadline to submit the application for a pre-settled status document is either the 31st of December 2020 (if a No-Deal has been reached between the UK Government and the EU), OR the 30th of June 2021, if a deal is agreed.
How long is it valid until?: The Pre-Settled Status Document is valid for 5 years (the same as the previous The Residence Card/Registration Certificate).
Third Stage: Permanent Residency (Pre-Brexit), and Settled Status Document
Settled Status Document:
From the 30th of March 2019, all EEA Nationals and their family members can apply for a settled status document if they have lived continously in the UK for 5 years or more, on or before the 31st of December 2020, providing certain requirements are met.
The deadline to submit this application is either the 31st of December 2020 (if there is a No-Deal), or the 30th of June 2021, if there is a Deal agreed (see above for details).
Other EEA Applications
Retained Rights of Residence:
The current EEA regulations also provide for certain family members of EEA nationals to keep their right of residence in the UK in circumstances when the EEA national:
● has passed away; or
● leaves the UK; or
● divorces their spouse or dissolves their civil partnership
● the family member is the parent of a child who retains the right of residence
The family member will retain the right to reside in these circumstances if they can satisfy the relevant conditions.
From the 30th March 2019, those who had retained rights of residence can apply for either a Pre-Settled Status document, or a Settled Status Document, depending on the length of time they have lived in the UK, and if they meet certain requirements.
Who are the “Family Members” of an EEA National?
The European laws' definition of a family member includes spouses, civil partners, partners in a durable relationship, (cohabited for at least 2 years), and children under 21 years old.
It may also be possible to bring dependent parents, grandparents and extended family such as siblings and cousins to live in the UK, although where the EEA national is a student they may only be joined by their partner and dependent children.
If you are an EEA national living in the UK, and/or you have family members who you would like to join you permanently in the UK, I can help you.
I offer affordable, fixed-fee rates as well as payment plans.
I work fast - I can have your application/s and supporting documents ready for submission within 2-7 working days.
Call Today on 020 3302 6864 for Expert Advice for your case.
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