The Home office have recently issued guidance for applying to the EU Settlement Scheme (settled and pre-settled status).
Here’s what you need to know.
(Updated as of 07 June 2021)
What is the EU Settlement Scheme?
If you’re 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. You can also apply if you’re the family member of an eligible person of Northern Ireland.
You will be granted either settled or pre-settled status if your application is successful.
When can I apply to the EU Settlement Scheme?
As the scheme is now open, you can apply now if you meet the criteria. Please note that the deadline for applications is 30 June 2021 and you must have already started living in the UK by 31 December 2020.
Who can apply to the EU Settlement Scheme?
With a few exceptions, you 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)
- You can apply to join your EU, EEA or Swiss family memberif they started living in the UK by 31 December 2020. You can either:
- apply from outside the UK, if you have a certain type of passport, identity card or residence document
- come to the UK on an EU Settlement Scheme family permitand apply to the settlement scheme once you’re here
Please note that the EEA includes EU countries and Iceland, Liechtenstein and Norway.
Who does not need to apply to the EU Settlement Scheme?
You do not need to apply if you have:
- indefinite leave to enter the UK
- indefinite leave to remain in the UK
- Irish citizenship (including British and Irish ‘dual citizenship’)
How much does it cost to apply to the EU Settlement Scheme?
Applications to the EU Settlement Scheme are free of charge.
What is the difference between Settled and Pre-Settled Status under the EU Settlement Scheme?
If you successfully apply to the EU Settlement Scheme, you will be granted either:
- settled status
- pre-settled status
The status granted will be dependent on how long you have been living in the UK at the time of your application. Your rights will differ dependent on which status you receive and when you started living in the UK.
- usually granted if you have lived in the UK for a continuous 5-year period (continuous residence)
- This means that for 5 years in a row, you have lived in the UK, Channel Islands or Isle of Man for at least 6 months in any 12-month period
- You may be considered to be resident in the UK on 31 December 2020 and may be eligible for settled status if you both:
- lived in the UK for a continuous 5-year period in the past
- have not left the UK for more than 5 years in a row since then
Please note that you can stay in the UK as long as you like if you get settled status. You will also be able to apply for British citizenship if you’re eligible.
- Usually granted if you have not lived in the UK for 5 years in a row (continuous period)
- Once you have had 5 years’ continuous residence, you can apply to switch to settled-status
- You must apply for settled-status before your pre-settled status expires
- If by 30 June 2021 you will reach 5 years continuous residence, you can wait to make an application for settled-status
- If you will not reach 5 years continuous residence by 30 June 2021, you must apply for pre-settled status and then switch once you have had 5 years continuous residence
What rights do I have with settled or pre-settled status under the EU Settlement Scheme?
Once you receive either settled or pre-settled status under the EU Settlement Scheme, you will be able to:
- work in the UK
- use the NHS for free, if you can at the moment
- enrol in education or study in the UK
- access public funds such as benefits and pensions, if you’re eligible for them
- travel in and out of the UK
Please be advised that the above information is not exhaustive as there are more requirements and points to consider.
Please note that you will have different rights if you get settled or pre-settled status because you have applied to join your EU, EEA or Swiss family member and you arrived in the UK after 31 December 2020.
For more information provided by Bolton’s leading Immigration Solicitors on applying to the EU Settlement Scheme (settled and pre-settled status), call us now on 01204 531 535 or send an email to email@example.com to book a telephone/Skype consultation. The fee is £30.
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