If the Home Office is satisfied “on the balance of probabilities”, that the applicant meets this requirement, they will be eligible for settled status. The government says that it will only refuse to grant settled or pre-settled status if you are “a serious or persistent criminal, a threat to national security, or have a deportation order, exclusion order, exclusion decision or removal decision against you”. We have put together this guide, which includes pictures of the various screens and a video walk-though, so that applicants know what to expect when they go through the process. The Home Office website encourages this, stating “You’ll probably get a decision more quickly if you apply at the same time as or after your family member.” Family members will need to prove, through the same documents as above, the EU national’s identity and residence in the UK, although “evidence of the EU citizen having been granted status under the scheme will be sufficient evidence of the person’s identity, nationality and continuous residence”. Home Office: EU citizens and their families will need to apply to the EU Settlement Scheme to continue living in the UK after Brexit Brexit: EU settled status … Registered Office: Level 30, The Leadenhall Building, 122 Leadenhall Street, London, EC3V 4AB, Branding, Digital & Website by Rokman Laing. The EU Exit: ID Document Check app lets you confirm your identity online, as part of your application to stay in the UK after it leaves the EU. On the other hand, those who do not have a straightforward application for a document certifying permanent residence, for example because they have been students during the five-year qualifying period but did not have Comprehensive Sickness Insurance, would be well advised to apply for settled status, where they are no longer asked to show insurance. There are then four steps: Below are photographs of what shows up on the app during each of those four steps. their biometric information (i.e. That said, if the application is refused, the remedy will depend on when the application was made. EU citizens will need to apply for, and be granted, EU settled status. Some applicants may lack documentary evidence in their own name for various reasons; you must work flexibly with applicants to help them evidence their continuous residence in the UK by the best means available to them. The Home Office is encouraging any EU nationals living in the UK who have not yet applied for settled status to do so before 30 June 2020, which is the deadline. Those who applied before 31 January 2020 at 11pm will have a right to an administrative review, unless the refusal is made on “suitability grounds”, in which case it seems the only redress will be judicial review. Your rights will remain unchanged until then, provided that you were resident in the UK by 31 December 2020, or the date the UK leaves the EU if there’s no deal. Those who have previously been issued a permanent residence document must still apply under the Settlement Scheme. childbirth, serious illness, study, etc; a biometric passport and non-EU nationals who have a Biometric Residence Card The Home Office will carry out automated checks of data held by Her Majesty’s Revenue and Customs (HMRC) and the Department for Work and Pensions (DWP). 6183275 Those who apply after 11pm on 31 January 2020 will also have a statutory right of appeal. Case studies included throughout. He confirms that he has lived in the UK for less than five years. Perhaps more worryingly, many applicants may end up agreeing to get pre-settled status when they are, in fact, eligible for settled status. I do not know how to submit an application online. Experienced lawyers check for mistakes & issues. To satisfy the 5-year continuous residence requirement, subject to certain exceptions such as time abroad in the armed forces, you must have lived in the UK for at least 6 months in any 12-month period. Those who have indefinite leave to remain in the UK may apply, but do not have to. I would advise that those who arrived before transition should apply under the EU Settlement Scheme before 31 December 2020, to be able to distinguish themselves from the “new cohort” with employers, banks, the NHS, landlords and other bodies which have to. Settled status is largely based on proving residence in the UK and the application system has been streamlined. In addition, those who do work when taking up a new job in the future. All that remains is for the application to go to a human decision-maker to sign off on the decision to grant settled status. Those applying for pre-settled status need to show current residence in the UK. Applying for pre-settled and settled status This advice applies to England You usually have to apply to the EU Settlement Scheme online. If you applied before this time, you can’t appeal but you can apply again or ask for an administrative review. EU, EEA and Commonwealth citizens Check someone's immigration status Use this service to check someone’s immigration status if you have their ‘share code’. You’ll only need to provide documents if you have been here for … The older the blog post on this site, the more likely it is that there have been legal developments since it was published. not have a Biometric Residence Card issued to them as the family member of Those who have previously been issued a permanent residence document must still apply under the Settlement Scheme. The information and commentary on this website is provided free of charge for information purposes only. Non-EU family members of EU nationals whose current documents will expire before the deadline may also want to apply before the expiration of their current document. Applicants will be then be asked to complete the declaration below: The application process is not over once the applicant has answered these initial questions and submitted the declaration. give their fingerprints and have a photograph We'll assume you're ok with this, but you can opt-out if you wish. The EU Settlement Scheme is underpinned by a, The system has been designed to be much easier than a typical immigration application. If the checks indicate that the applicant has been continuously resident in the UK for a period of five years, they will be granted settled status. On 31 January 2020 at 11pm, the United Kingdom left the European Union and entered a transition period, due to end on 31 December 2020. EU, EEA and Swiss nationals who have had settled status for at least 12 months will also be eligible to apply for British citizenship. used by those who do not have access to the app or a document scanner location, Attending an appointment at one Settled and pre-settled status are a digital-only status, meaning that no residence card or passport stamp is issued to EEA/Swiss nationals, and their Status Outcome letter is not proof of status. This category only includes cookies that ensures basic functionalities and security features of the website. It is embedded below. Any decision made under Rule EU16 must be “proportionate”. They will be able to obtain settled status even if the Irish citizen does not apply for it. These cookies do not store any personal information. The The rights and status of EU, EEA and Swiss citizens living in the UK by 31 December 2020 will remain the same until 30 June 2021. The EU Settlement Scheme is underpinned by a set of administrative rules called “Appendix EU”. Fees fixed for each stage of your application or appeal, Personal client web access page and messaging system, Online payments, document upload & video calls. Applicants clicking that link will be asked to reconfirm the number of the document they used for the application (passport or biometric residence permit) and date of birth. may be more familiar with settled status documents than indefinite leave to Close family members (a spouse, civil partner, durable partner, dependent child or grandchild, and dependent parent or grandparent) living overseas will be able to join their EU citizen sponsor here after 31 December 2020, so long as the relationship existed on that date. To continue living in the UK after 30 June 2021, EU citizens and their family members, including those who have already obtained permanent residence, must either register for settled status under the EU settlement scheme or, alternatively, apply to naturalise as a British citizen before 30 June 2021. Should I still apply or should I use the Settlement Scheme? You can give your National Insurance number to allow an automated check of your residence based on tax and certain benefit records. The question remains, therefore, which is the preferred option where you are currently eligible to apply for both settled status ‘and’ British citizenship by way of naturalisation. EU nationals already in the UK by this date are now required to apply for settled status by 30 June 2021 to safeguard their future status in the UK. Future children are also protected. Nath is an immigration solicitor and Senior Caseworker at Islington Law Centre. Home Office figures show a million of the estimated 3 million EU citizens in the UK have yet to apply for settled status, which will allow them to stay in the UK. Scenario 2: Joao has only lived in the UK since April 2018, and has worked throughout his time here. In addition, they will need to submit evidence of. This website uses cookies to improve your experience. Please also note that although EU citizens with indefinite leave to remain do not have to apply for settled status under the EU settlement scheme, they are strongly advised to do so to evidence their ongoing right to live and work in the UK. Irish citizens will not be required to apply under the scheme (but “they may do so if they wish”). The EU Settlement Resolution Centre is also available seven days a week and there is a useful Q&A provided by charity Settled here . That said, EU citizens and their family members who wish to remain living in the UK after 31 December 2020 will need to apply for an immigration status to remain legally resident. You need to provide proof of this when you apply. Non-EU nationals who do not have a valid Biometric Residence Card will also be sent a Biometric Residence Permit confirming their status in the UK. Criminal background checks will also be conducted for applicants over 18. On the other hand, those who have not yet reached the five year residence mark but will by 30 June 2021 may want to wait until the five-year anniversary of their residence in the UK to apply. The scheme is now open and there is currently no fee to apply. You also have the option to opt-out of these cookies. The information and commentary does not, and is not intended to, amount to legal advice to any person. What does the application look like in real life? The application process for the Settled Status is expected to roll out in phases starting with late 2018. Applicants then receive a Certificate of Application. This means that you can borrow the phone of a friend, colleague or neighbour to use the app. EU, EEA and Swiss nationals over the age of 18 who have had permanent resident status in the UK for at least 12 months, and hold a permanent residence document from the Home Office, will be eligible to apply for British citizenship by way of naturalisation. Settled Status is part of a settlement scheme by the UK government for EU citizens living in the UK following Brexit. We try to make sure information is accurate at the date it is published. He confirms that he has lived in the UK for more than five years. In those cases, the applicant will then be able to upload documentary evidence of their continuous residence, still digitally. The EU Settlement Scheme for EU citizens and their families to remain in the UK after it leaves the ... you’ll need to apply again when you’re changing your pre-settled status for settled status. Once the applicant has entered their details in the app, they will be directed to a web page to continue the application. Of the millions of people who have applied to date, only a handful have been refused. You can get help with your application on the phone or online by contacting the EU Settlement Resolution Centre: Telephone: 0300 123 7379From outside the UK: +44 (0)203 080 0010Monday to Friday, 8am to 8pmSaturday and Sunday, 9.30am to 4.30pmClosed on bank holidays. Long story short: every EU national and their family will need to make an application before the deadline of 30 June 2021. Pre-Settled Status (which provides five years limited leave) is granted to those who have been living in the UK continuously for less than five years. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. The Home Office has set up a special application scheme called the EU Settlement Scheme to process all the applications. It does not matter if you are a non-EEA family member, you can come from anywhere in the world. They can appeal both if they have been refused status altogether, or if they have been granted pre-settled status and believe they should have been granted the full settled status. In addition, employers, for example, cannot accept an indefinite leave The applicant is then given an opportunity to confirm whether they have lived in the UK for five years, in which case they are eligible for settled status; or for less than five years, in which case they are eligible for pre-settled status only. This video has been created to assist EU nationals in applying for either Pre-Settled or Settled Status via the EU Settlement Scheme. The following non-EEA family members will be eligible for settled status: Applicants can apply online and will need to prove their identity and continuous 5-year residence in the UK, or less for pre-settled status. their EU national will be redirected to the Sopra Steria website to book an Settled status lapses after an Please note, permanent residency documents will become invalid after the application deadline for settled status under the scheme. A biometric residence permit is a pink and blue credit card-sized document. Otherwise, family members will end up getting an old-style EU residence document and then having to switch onto settled status — they might as well go straight onto settled status. location (see more details below) – this is available to EU nationals who have They will also be entitled to leave the UK for up to 5 years before losing their status, and any children born in the UK will automatically be classed as British citizens. EU citizens and their family members who can prove they have lived in the UK for five years or more will be granted settled status, and those living here for less than five years will be granted pre-settled status. this is where non-EU nationals who do not have a valid Biometric Residence Card Non-EU nationals who do not have a biometric residence card will also need to enrol their biometric information (i.e. This allows them to stay until they have reached the five-year threshold. Those applying for administrative reviews are, to put it simply, asking Home Office caseworkers to double check the decision. absence from the UK of five years, whilst indefinite leave to remain lapses The identity document will be returned to the applicant “usually within three days of being received [by the Home Office]”, even before a decision has been made. In the future, many bodies This is uploaded online. This can be done where “false or misleading information, representations or documents have been submitted (including false or misleading information submitted to any person to obtain a document used in support of the application)” that is “material to the decision”. The EEA, ie; the European Economic Area, includes EU countries, in addition to Iceland, Liechtenstein and Norway. Of course, not everyone will have data with HMRC or DWP (for example, those who have never worked or received benefits). 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