EU Settlement Scheme
Are you an EU/EEA national or a family member of one? Your deadline to apply for your EU Settled or pre-settled status was 30 June 2021. In some well-reasoned cases, an application can still be made.
With the UK’s departure from the EU on 29th March 2019, and the transitional period over, the freedom of movement has now ended as of 1st January 2021.
Any EEA nationals resident in the UK before the date of 31st December 2020 should have applied for settled or pre-settled status to continue living in the UK after 30 June 2021.
Settled and Pre-Settled status
The UK government has now put in place a special category of leave for EU nationals and their family members – Settled and Pre-Settled status.
Any EEA nationals wishing to remain in the UK after the date of the UK’s departure from the EU, will need to have applied for either Settled or pre-Settled status by 30th June 2021.
If you have not applied for a status, your right to live, work and study in the UK is lost, unless you had good reasons that prevented you from applying for your status, in which case you can still make an application.
If you have applied for a status, but was granted a pre-settled one, you can apply for settles status as soon as you meet the requirements for one.
Our team of highly qualified immigration lawyers have all the expertise required to take away the stress of applying for Settled or Pre-Settled status and will ensure that you have the best chance of success.
Whether you require assistance because of your circumstances, or you need guidance in respect of additional evidence you need to provide, or it is simply a matter of peace of mind, our top immigration lawyers are able to help.
How RVS Solicitors Can Assist You With the EU Settlement Scheme
With our comprehensive knowledge of the workings of the UK Visas and Immigration system, gained through years of practice, our specialist Immigration solicitors are able to handle cases of all levels of complexity.
RVS solicitors are redefining how the law is practised, providing a modern, digital-based service making use of the newest technologies to eliminate any unnecessary costs and ensure that you receive the very best legal advice and service possible for a reasonable price.
We are committed to ensuring that expert legal advice and access to justice is available to a wider pool of clients.
Not what you’re looking for? See also:
- Indefinite Leave to Remain
- Family & Spouse Visas
- Asylum Claims in the UK
- Article 8 Human Rights Applications
Frequently Asked Questions
What Is Settled Status
EEA nationals and their family members who have lived in the UK for a continuous period of 5 years by the time of application will be awarded Settled status in the UK, provided they can prove their residence. The key feature for settled status is the need for residence, rather than being a qualified person. This makes it easier for those who have not held continuous employment or were studying in the UK without having comprehensive sickness insurance cover and others in similar situations.
Settled status will enable you to continue living in the UK without any restrictions and even apply for British citizenship, if you meet all relevant requirements.
Another key feature of Settled status is that it’s not lost unless 5 continuous years have been spent abroad. Moreover, in certain circumstances, you might still qualify for Settled Status if you have left the UK but less than 5 years have passed since then.
If you are unsure whether you qualify for Settled Status, give our friendly team of immigration lawyers a ring to discuss your matter.
What is Pre-Settled Status
For those who have moved to the UK prior to the cut off date, which is 31st December 2020, and do not have the required 5 years to apply for settled status, will have to apply for pre-settled status in order to continue living in the UK.
An important aspect is that you do not need to have applied for pre-settled status by 31st December 2020, but rather have arrived in the UK by that date and started living in the UK. The deadline for making an application for pre-settled status is 30 June 2021.
Pre-settled status is for a period of 5 years and will allow you the right to continue living and working in the UK until you reach the required 5 years to apply for the Settled Status.
Who needs to apply for the Settled/Pre-Settled Status?
The EU Settlement Scheme has been gradually rolled out since August 2018 and was fully open to all qualifying applicants by 30 March 2019.The deadline for the applications is 30 June 2021.
Nearly all the EEA nationals living in the UK, who wish to continue residing in the UK will need to apply under this scheme. If you have documents issued under the previous regime, i.e. the EEA Regulations (residence cards, certificates of residence etc), you will still need to apply. Simplified procedures are implemented for those who hold a document attesting permanent residence or hold an old ILR or ILE documents/stamps.
There are some exceptions for the blanket requirement to apply for settled status:
- British nationals cannot apply for Settled/pre-settled status, even if they also have an EEA nationality.
- Irish nationals can apply for this scheme if they chose so, but they do not have to as they will continue having access to the UK on the basis of the Common Travel Area Agreement
- Holders of Indefinite Leave to Remain (to not be confused with Permanent Residence), are able to apply through this scheme, but they are not required to.
All others, who are EEA nationals or family members of an EEA national will be required to apply through this scheme to secure their stay in the UK past the dates above. This includes those who have documents certifying permanent residence.
Failure to apply and receive either Settled or Pre-Settled status will eventually result in having no immigration status in the UK with all the consequences: inability to work or receive benefits, liable for removal from the country etc.
This is due to the fact that after the departure from the EU, the EU laws and Regulations cease to apply to the UK and the freedom of movement and all the rights deriving from it, such as living, working, studying in the UK will stop.
The only way to continue remaining in the UK would be to have an immigration status under UK law.
The EU nationals arriving after the date of 31st December 2020, will need to meet the requirements in accordance with the new immigration rules in place. Starting from January 1st, 2021 the EU nationals will be treated as any other third country nationals. This means that depending on your intentions you will need to apply and get a specific type of visa to be able to travel to the UK and then live, study and work here.
The main routes that will be relevant for the EU nationals are – student visas and work visas. You will need to consider whether you meet the requirements for the relevant routes. For those that are married to British Nationals and intend to come to the UK on this basis, the relevant route will be the spouse visa route.
If you are an EU national and wish to move to the UK or you have questions in respect of the EU Settlement scheme, you can contact one of our specialist immigration lawyers.
You will be able to book an appointment with our experienced immigration solicitors to have a one-on-one consultation or even assistance submitting your application at a reduced fee.