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THE EU SETTLEMENT SCHEME

Are you an EEA national living in the UK or thinking of moving to live in the UK after the transition period? The EU settlement scheme is the new flagship immigration route, by which to secure your rights of residence to do this. 

The EU Settlement

Scheme

Overview:

 

The EU Settlement Scheme is  a new immigration route, enabling EU citizens (and nationals from Switzerland, Iceland, Liechtenstein and Norway) to live and work legally in the UK, post Brexit.

 

If you are an EU, EEA or Swiss citizen, you and your family can apply to the scheme for either ‘settled’ or ‘pre-settled’ status. This will mean you can continue living in the UK after 31st December 2020. You will have until 30th June 2021 to apply and will be able to do so, provided you are living in the UK before 31st December 2020. 

You will need to apply for the EU settlement scheme even if: 

 

•  You have a UK permanent residence document. This is because your right of permanent residence was granted under EU law and it will no longer be recognised after the transition period has ended. If successful, you will be granted ‘settled status’ 

 

•  You are a family member of an EU citizen,  EEA national or a Swiss national, who does not need to apply.

 

•  You are an EU, EA or Swiss citizen, with a British family member.

 

• You are an EU, EEA or Swiss national looking to live in the UK or settle in the UK, after 31st December 2020.

 

 

The EU settlement scheme will close to new entrants after the 1st of January 2021. Those already in the UK can continue to apply to the scheme until 30th June 2021. This means , provided you are living in the UK by 31 December 2020, you can continue to do so after this date, and will have until 30th June 2021 to apply for either settled or pre-settled status.

 

 

Eligibility:

 

You will need to apply if :

• You’re an EU, EEA or Swiss citizen.

•  You’re not an EU, EEA or Swiss citizen, but your family member is (or is an eligible person of Northern Ireland).

 

Am I entitled to ’settled status’ under The EU Settlement Scheme?

 

EU citizens who have lived continuously in the UK for a period of five years will be eligible for settled status under the EU settlement scheme. You do not need to have lived in the UK for the last five years. Any five year period is fine as long as you have travelled back to the UK at least once every five years, since the end of the five year period you are relying on. Settled status under the scheme will give you the same rights as a permanent residence on the EU law. You do not need to show that you were exercising a right of residence under EU law, actual residence is enough.

 

Moreover, family members of EU nationals who have obtained settled status under the EU Settlement Scheme by 30th June 2021,  will be able join their EU national family members until March 2022.

 

 

Am I entitled to ‘pre-settled status’ under  The EU Settlement Scheme?

 

EEA and Swiss citizens who live in the UK for less than five years are eligible for pre-settled status. This is a temporary status which can later be converted into settled status. To be eligible, you must have been living in the UK by 31st December 2020 and need to  demonstrate that you have been living in the UK for one day out of the last six months. 

 

Family members of EU nationals who obtain pre-settled or settled status under the scheme by 30th June 2021, can join their EU family members until March 2022.

 

The Process:

 

Applying for the EU Settlement Scheme is a relatively straight forward process, and you can apply online, via the post or by using a smart phone app. 

 

You will need the following information when making an application:

 

• Proof of your identity in the form of valid identification- ( This can be a valid passport or national identity card). 

 

• Proof of residence in the UK (You will not need to prove this if you have a permanent residence document).

 

• Proof of your relationship to your EU citizen family member living in the UK, (if you are a non-EU dependent relative). 

 

• You will also need to provide a digital photograph of your face.

 

Visit, the Home Office’s web page here, for more information on the application process. 

 

How We Can Help:

 

•  We can advise you on your best options after Brexit.

 

•  This is now an area of immigration law in a state of flux, and likely to undergo further change in the next couple of months. 

We are committed to ensuring that our advice is up-to-date and any application submitted on your behalf is reflective of the current EU legislation. 

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