Failing to apply will mean that they end up with. From 24 August 2020, the period of residence an applicant can rely upon for eligibility under the EU settlement scheme can be from past, as well as current, residence within the UK. The deadline for Settled Status applications is 30 June 2021. But opting out of some of these cookies may have an effect on your browsing experience. EU citizens will need to apply for, and be granted, EU settled status. Get unlimited access to articles, a thriving forum, free e-books, online training materials with downloadable training certificates, and much more. If you have settled status it will also show you have the right to claim benefits. after an absence of two years. childbirth, serious illness, study, etc; If the Home Office is satisfied “on the balance of probabilities”, that the applicant meets this requirement, they will be eligible for settled status. This means that, from 1 January 2021 onwards, there will be two “categories” of EU residents; those who arrived before the end of the transition period and those who arrived after. issued to them under the EEA Regulations, Sending the identity document to I do not have a phone which supports the app. They may, to be satisfied of it, ask the applicant for evidence of that they have never been absent for more than those 2 or 5 years. If you intend to apply for British citizenship, you might as well continue with your, Naturalising as a British citizen: a guide, verify immigration status before providing vital services, Using the “EU Exit: ID document For most people, this won’t take very long. The scheme is now open and there is currently no fee to apply. What does the application look like in real life? 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. Those who apply after 11pm on 31 January 2020 will also have a statutory right of appeal. Settled Status is part of a settlement scheme by the UK government for EU citizens living in the UK following Brexit. The app will ask applicants for a phone number and email address. DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. Please note, if you already have permanent residence and apply for settled status, you will not have to prove you have 5 years’ continuous residence. If you applied to the EU Settlement Scheme after 11pm on 31 January 2020, you can appeal the Home Office's decision to give you pre-settled status instead of settled status. Nath is an immigration solicitor and Senior Caseworker at Islington Law Centre. 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 website uses cookies to improve your experience while you navigate through the website. Get proof of your immigration status if you have been told you can view your immigration status online, for example if you have settled or pre-settled status. The applications will be fully open by 30 March 2019. Once settled status has been granted, this gives EU, EEA or Swiss citizens the exact same rights and benefits as they had before. It confirms that: This Annex provides non-exhaustive lists of the type of documentary evidence which the applicant will be able to provide. There are a … EU nationals currently in the UK – both with or without a permanent residence card – who are wising to remain lawfully in Britain beyond 30 June 2021 will need to take steps to secure their status. Irish citizens will not be required to apply under the scheme (but “they may do so if they wish”). 6183275 I have started an application for a document certifying permanent residence. The rules relating to these administrative reviews can be found in Appendix AR (EU)of the Immigration Rules. But the Home Secretary has said that “we will be looking to grant, not for reasons to refuse”. If you complete the online form before attending the appointment, you will have no choice but sending your identity document to the Home Office by post. 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”. If you are French and married to an Italian, you can both apply as we’ve described above. EU settled status is the official grant of immigration status by the Home Office that will allow you as an EU citizen to continue to live, work and study in the UK on an indefinite basis. You can apply to the EU Settlement Scheme if you're from the EU, European Economic Area (EEA) or Switzerland and you were living in the UK by 31 December 2020. Future children are also protected. This will not affect most people but there is more information in the official guidance. the Home Office by post – this is available to all but is most likely to be identity check can be done in several ways including: There is help available for people who can’t use the app or need help using the internet, which we’ll cover later on. Applicants then receive a Certificate of Application. For EU, EEA and Swiss citizens, and family members, who have automatically acquired permanent residence but who do not have a valid permanent residence document, they will need to apply for settled status to enable them to make an application for British citizenship by way of naturalisation. Sorry, the details you entered weren't correct, please try again, Updates, commentary, training and advice on immigration and asylum law, EU Settlement Scheme course now available FREE to members, EU citizens and any of their non-EU family members who arrived before 31 December 2020, and have been. Evidence of your relationship to the child will be required with the application. These cookies do not store any personal information. Some EU citizens and their families may have what is called “permanent residence” — a technical legal term in this context — under EU law as it exists today and have a document to prove it. 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. 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. 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. 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”. EU citizens and their family members who arrive by 31 December 2020, but will not yet have been continuously resident here for five years by the time of their application, will be eligible for “pre-settled status”. EU citizens who have been in the UK for five years or more by 31 December 2020 will be able to apply for "settled status". It is embedded below. Use your own smartphone, pc/mac or tablet. Under Appendix EU, continuous residence simply means having lived, or living, in the UK. 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. The first point to note is that, if an application is incomplete and a caseworker thinks that it can be easily rectified, they should contact applicants and give them a reasonable opportunity to submit supplementary evidence. not have a Biometric Residence Card issued to them as the family member of Similarly, EU citizens who have lived in the UK since before 2006 may have a document or stamp in their passport confirming “indefinite leave to remain” in the UK. Children under the age of 21 should apply for settled status where they are EU, EEA or Swiss citizens, or where they are not an EU, EEA or Swiss citizen, but their parent is. In other words, should you first apply for settled status with a view to applying for naturalisation after 12 months, or at some point in the future, or, where eligible, whether to apply for naturalisation right now? 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. Perhaps more worryingly, many applicants may end up agreeing to get pre-settled status when they are, in fact, eligible for settled status. This is uploaded online. Those who have been refused will be able to remain in the UK pending conclusion of the appeals process. You can view an example here. EU/EEA and Swiss citizens in the UK must apply for a new immigration status to continue to live and work in the UK and to access healthcare and social security benefits for which they are eligible. of the Sopra Steria UK Visa and Citizenship Application Services (UKVCAS) – The existing, every EU national and their family will need to make an application before the. location (see more details below) – this is available to EU nationals who have 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”. If you apply under the EU Settlement Scheme, you will need to wait 12 months after being granted settled status to apply for British citizenship, irrespective of how long you have lived in the UK. He confirms that he has lived in the UK for more than five years. When lawyers talk about “family members” in this context, we mean non-EU citizens whose right to be in the UK depends on their family relationship with an EU citizen. This means they are free to continue living and working in the UK. an expired passport and will not be able to use that to prove their right to The first step is to download the EU Exit: ID Document Check app. Those applying for settled status need to show five years continuous residence in the UK. The existing application for “permanent residence” as an EU citizen notoriously involves an 85-page form and evidence of what the applicant has been doing in the UK. By submitting, you agree to our Privacy Policy. There will be criminality and security checks. This is because you will need to show that you acquired permanent residence one year before the date of your application for British citizenship (unless you are the spouse of a British citizen, in which case you will simply need to show that you have permanent residence). Long story short: every EU national and their family will need to make an application before the deadline of 30 June 2021. The guidance below is not prescriptive or definitive. they do not have to, unlike Rule EU15) refuse an application. You’ll only need to provide documents if you have been here for … A vital feature of this arrangement for the 3.5 million or so EU citizens living in Britain is that they are not protected by it unless they make an online application to the Home Office. This video has been created to assist EU nationals in applying for either Pre-Settled or Settled Status via the EU Settlement Scheme. Settled status is largely based on proving residence in the UK and the application system has been streamlined. That group might be removed before their appeal is heard, although they will be able to apply to return to the UK to attend their appeal hearing. fingerprints and a photograph) by booking an appointment at a Sopra Steria centre. Leave to Remain in the UK (Apply to Settle), Spouses, civil partners and unmarried partners, Children, grandchildren or great-grandchildren under 21, Parents, grandparents or great-grandparents who are dependent, A certificate inside your blue residence documentation booklet, or pink if you are a Swiss national, If you are from the EU, EEA or Switzerland your permanent residence document will say “Document Certifying Permanent Residence”. appointment. Applicants will self-declare their criminal convictions (without having to submit evidence). The definition of “qualifying period” at Annex 1 of Appendix EU makes no reference to “exercising Treaty Rights”. 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. In terms of evidence, the default position will be for the applicant to simply give their National Insurance Number. The other option is to send your identity document to the Home Office by post, who should return it to you within three days. Settled Status. Necessary cookies are absolutely essential for the website to function properly. Settled status is the grant of indefinite leave to EU nationals who can evidence continuous UK residence for at least 5 years. The Home Office will, however, also need to confirm that their permanent residence status has not lapsed through absence of more than five consecutive years; or indefinite leave to remain has not lapsed through, absence of more than two consecutive years, 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”. Prior to the UK leaving the EU, it was not a mandatory requirement for qualifying EU citizens to apply for a permanent residence card in the UK to prove their status, unless they were looking to apply for British citizenship or sought documentary evidence for use with authorities, employers or other administrative formalities. Citizens and their families may have what is called settled status, biometric... 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