The Settlement Scheme involves an identity check and an online form. The applications will be fully open by 30 March 2019. their biometric information (i.e. they do not have to, unlike Rule EU15) refuse an application. Those checks should show evidence of employment and receipt of benefits, which will indicate residence. The fee varies depending on the location, and is, in my experience, between £14 and £21. British citizenship requirements are extensive and applicants will be required to provide substantial evidence that they meet all of the criteria, including the residency requirements. 6183275 may be more familiar with settled status documents than indefinite leave to 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. 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. they do not have to, unlike Rule EU15) refuse an application. if they have never worked or claimed benefits — may struggle with the application and need help. The applicant will need to fill in the sections on “application type”, “residence in the UK” and “criminal convictions”. If you applied before this time, you can’t appeal but you can apply again or ask for an administrative review. This means that you can borrow the phone of a friend, colleague or neighbour to use the app. You can find a detailed list of which family members are eligible for the scheme at Annex 2 of, Family members of EU nationals may decide to apply for their new status at the same time as their EU citizen husband or mother or whoever it might be. the Home Office by post – this is available to all but is most likely to be 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. Under Appendix EU, continuous residence simply means having lived, or living, in the UK. Those who have indefinite leave to remain in the UK may apply, but do not have to. The. If the Home Office is satisfied “on the balance of probabilities”, that the applicant meets this requirement, they will be eligible for settled status. Appendix EU also contains rules on refusal on the basis of “suitability”. The Home Office has set up a special application scheme called the EU Settlement Scheme to process all the applications. Immigration law changes very rapidly, though. location (see more details below) – this is available to EU nationals who have You have until the 30 June 2021, or 31 December 2020 in the event of no deal, to apply for under the EU settlement scheme. Get the DM Business Newsletter & Invitations to our Events. You will get settled status if you started living in the UK by 31 December 2020 or the day the UK leaves without a deal and if you have had continuous residence in the UK for 5 years (6 months in a 12 month period).. What does this mean for Settled Status? The system will check existing government databases for proof of residence, for example. The rules relating to these administrative reviews can be found, Those who apply after 11pm on 31 January 2020 will also have a statutory. In those cases, the applicant will then be able to upload documentary evidence of their continuous residence, still digitally. Those who apply after 11pm on 31 January 2020 will also have a statutory right of appeal. Appendix EU is where the detailed rules on the Settlement Scheme are found. He confirms that he has lived in the UK for less than five years. a biometric passport and non-EU nationals who have a Biometric Residence Card 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. This allows them to stay until they have reached the five-year threshold. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. But the Home Secretary has said that “we will be looking to grant, not for reasons to refuse”. 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. It confirms that: This Annex provides non-exhaustive lists of the type of documentary evidence which the applicant will be able to provide. Please note, permanent residency documents will become invalid after the application deadline for settled status under the scheme. Contact us for advice on your circumstances and the application process to naturalise as a British citizen. Those who have previously been issued a permanent residence document must still apply under the Settlement Scheme. Non-EU nationals who do not have a biometric residence card will also need to enrol their biometric information (i.e. 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 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. Family members of EU nationals may decide to apply for their new status at the same time as their EU citizen husband or mother or whoever it might be. I do not have a phone which supports the app. In terms of evidence, the default position will be for the applicant to simply give their National Insurance Number. 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. 542691 Those applying for administrative reviews are, to put it simply, asking Home Office caseworkers to double check the decision. If you are French and married to an Italian, you can both apply as we’ve described above. 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”. 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”. Whatever the applicant ticks, the website should then go on to tell them for which period they must submit evidence, if any. One period of a 12-month absence for an important reason, i.e. 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). The Government has advised that EU citizens who fail to apply for settled status before the deadline of 30 June 2021 will no longer have the right to remain in the UK lawfully. 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. You can get advice online or face to face through the Assisted Digital service. 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. For most people, this won’t take very long. The Home Office publishes current estimated processing times on their website. The rules to have your family The Home Office may accept alternative evidence of identity where an applicant is unable to produce a passport or ID card “due to circumstances beyond their control or to compelling practical or compassionate reasons”. If you have pre-settled status or settled status, the EU Settlement Scheme biometric residence card will make it easier for you to enter the UK when you travel. Granting someone pre-settled status when they should have been given settled status should be seen as a refusal,” said Chris Desira, an immigration lawyer and expert on the EU settled status … under the EEA Regulations, Attending a document scanner EU citizens living in the UK may be understandably unsure of the difference between Settled Status and Permanent Residence; we explain the difference. Settled status lapses after an 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. This means they are free to continue living and working in the UK. remain. 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 part of a settlement scheme by the UK government for EU citizens living in the UK following Brexit. Look over your application before you send. Most people should find the application reasonably easy, although people who are vulnerable in some way and/or have less evidence of their past residence in the UK — e.g. 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. 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. Failing to prove residence, or being rejected for having a criminal record (see below), means having no legal right to live in the UK. The Home Office should have evidence of his residence in the UK and should simply grant pre-settled status, without asking for any further evidence. checking individuals’ immigration status, such as banks, landlords, the NHS etc Settled status is largely based on proving residence in the UK and the application system has been streamlined. This article was originally written in January 2018 and has been updated to take account of developments since. While the deadline for applications is 30 June 2021, we would recommend everyone to apply by 31 December 2020, to ensure they can show they were living in the UK before that date. Applicants also need to “enrol their facial image” (i.e. 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. What if I already have permanent residence or ILR? Applicants then receive a Certificate of Application. 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). Future children are also protected. The system has been designed to be much easier than a typical immigration application. The existing, every EU national and their family will need to make an application before the. Applications can be very straightforward and simple but become more complex where the applicant has to submit additional documents to prove residence. The EU Settlement Resolution Centre is also available seven days a week and there is a useful Q&A provided by charity Settled here . The EU Settlement Scheme is underpinned by a, The system has been designed to be much easier than a typical immigration application. You’ll only need to provide documents if you have been here for … issued to them under the EEA Regulations, Sending the identity document to Those who have indefinite leave to remain in the UK may apply, but do not have to. Non-EU family members will, once they have completed the application form, be asked to upload evidence of their relationship to their EU national family member (for example a marriage certificate if they are married, or birth certificate if they are their children). The definition of “qualifying period” at Annex 1 of Appendix EU makes no reference to “exercising Treaty Rights”. In the alternative, you can make an appointment at one of the locations offering ID document scanning. The older the blog post on this site, the more likely it is that there have been legal developments since it was published. Applicants then receive a Certificate of Application. This will not affect most people but there is more information in the, under EU15(a), an applicant must be refused if, at the date of decision, they are the subject of an extant deportation order or of a decision to make a deportation order, under EU15(b), an applicant must be refused if, at the date of decision, they are the subject of an extant exclusion order or exclusion decision, In addition, under Rule EU16, caseworkers, (i.e. 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”. 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 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. 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. If you have settled status it will also show you have the right to claim benefits. 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. Experienced lawyers check for mistakes & issues. “You’ll be considered for settled status.”. In those cases, the applicant will then be able to upload documentary evidence of their continuous residence, still digitally. The EU Settlement Scheme allows any non-British EU, EEA or Swiss nationals living in the UK before the … Once the code is inserted, they will get evidence of their status as shown below: This is all that European nationals will get. 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. 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. He has lived in the UK since January 2015, but only started working in April 2018. A biometric residence permit is a pink and blue credit card-sized document. However, you will need to have scanned your ID already. A written appeal costs £80 or an appeal hearing costs £140. absence from the UK of five years, whilst indefinite leave to remain lapses Under Appendix EU, continuous residence simply means having lived, or living, in the UK. If they exist, that will serve as proof of residence, so the applicant doesn’t have to submit their own evidence. Failing to apply will mean that they end up with no legal right to live and work in this country. Save time & money on spotting issues early. 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. In the future, many bodies The other option is to send your identity document to the Home Office by post, who should return it to you within three days. If this check is successful, you’ll not need to provide any documents as proof of residence. The app will ask applicants for a phone number and email address. The scheme is now open and there is currently no fee to apply. It is embedded below. This means that EU nationals will not need to show that they have been working, studying or held Comprehensive Health Insurance (a big issue for many people refused permanent residence documents in the past). to remain stamp on an expired passport as evidence of right to work; EU 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". For expert assistance with your immigration matter, contact Reiss Edwards, immigration lawyers, and solicitors in London, on 020 3744 2797 or by email at info@reissedwards.co.uk nationals who have indefinite leave to remain are likely to have that stamp on The first step is to download the EU Exit: ID Document Check app. Their family members who are not Irish or British will need to obtain status under the scheme, unless they have an independent right to live here under UK immigration law. In addition, though, the Home Office will carry out its own checks through the Police National Computer and the Warnings Index. Perhaps more worryingly, many applicants may end up agreeing to get pre-settled status when they are, in fact, eligible for settled status. 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. The guidance below is not prescriptive or definitive. She tweets: @NathGbikpi. Pre-settled status can be granted in all other cases with the possibility of obtaining settled status at a later date within the above-mentioned deadlines. work when taking up a new job in the future. You can find a detailed list of which family members are eligible for the scheme at Annex 2 of Appendix EU. This will show up if the automated scan of government data shows that the applicant has been living in the UK for a continuous five-year period. 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. 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 … During this transition period, Europeans can continue to enjoy their freedom of movement rights in the UK as they did before Brexit. 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 will give the successful applicant the right to stay in the UK for a period of 5 years, during which time they can re-apply for settled status. Applicants will self-declare their criminal convictions (without having to submit evidence). As such, those with settled status are to have access to the same rights and benefits they were entitled to under free movement. 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. 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. Those applying for pre-settled status need to show current residence in the UK. Of the millions of people who have applied to date, only a handful have been refused. However, those who are asked to submit additional documents should expect to wait longer. All that remains is for the application to go to a human decision-maker to sign off on the decision to grant settled status. taken). Those who do not have a biometric document may send the documents by post instead. give their fingerprints and have a photograph this is where non-EU nationals who do not have a valid Biometric Residence Card 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. I have started an application for a document certifying permanent residence. Getting settled status under the new EU Settlement Scheme means EU citizens can continue to live and work in the UK as they do … We also use third-party cookies that help us analyze and understand how you use this website. 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. This works on most modern Android smartphones and some iPhones. Applying for pre-settled and settled status This advice applies to England You usually have to apply to the EU Settlement Scheme online. The scheme also covers citizens of Switzerland, Iceland, Norway, and Liechtenstein, but for convenience we’ll just talk about “EU citizens” in this article. Note that these locations only accept European biometric passports (not national identity cards) and Biometric Residence Cards. That said, I would add the following points: Applicants can provide evidence of their identity and nationality by uploading a passport or valid national identity card digitally via the smartphone app. EU16 can also be used to refuse settled status where the applicant is subject to a removal decision under the EEA Regulations. This explains that their pre-settled or settled status in the UK can be confirmed online through the Home Office online checking service: ‘View and Prove your Rights in the UK’. The same rules apply for citizens of Iceland, Lichtenstein, Norway and Switzerland.Those who arrive to the UK before 31 December 2020 will also be able to apply to the scheme.. He confirms that he has lived in the UK for more than five years. The following guide looks at the difference between settled status and permanent residence, and the impact of your status as an EU citizen in the UK on your eligibility to apply to naturalise as a British citizen. members join you in the UK are more generous for those who have settled status They will be able to obtain settled status even if the Irish citizen does not apply for it. 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. The EU Settlement Scheme is a new immigration status for EU citizens currently living in the UK. appointment. 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. 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. 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. 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. With settled status, you retain full access to healthcare and, where eligible, any public funds including state benefits and pensions. I do not know how to submit an application online. It is mandatory to procure user consent prior to running these cookies on your website. The Windrush generation can testify that being undocumented in “compliant environment” Britain is no fun at all. Those who have been refused will be able to remain in the UK pending conclusion of the appeals process. Much may depend upon your personal preferences and circumstances, not least whether or not you want to enjoy the same rights as a British national, including the right to vote and obtain a British passport. Criminal background checks will also be conducted for applicants over 18. Once settled status has been granted, this gives EU, EEA or Swiss citizens the exact same rights and benefits as they had before. These cookies will be stored in your browser only with your consent. Members of your family might also be able to apply to the EU Settlement Scheme – even if they’re not from the EU… 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. They can then also apply for settled status. This new status is called Settled Status and the scheme to implement this is called the EU Settlement Scheme. 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. The deadline for Settled Status applications is 30 June 2021. of the Sopra Steria UK Visa and Citizenship Application Services (UKVCAS) – 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. Evidence of your relationship to the child will be required with the application. This will happen if the data does not show continuous residence for five years. Whereas if you are Nigerian and married to an Italian, you can also apply under the Settlement Scheme, but the process will be slightly different. This is uploaded online. What does the application look like in real life? used by those who do not have access to the app or a document scanner location, Attending an appointment at one The rules relating to these administrative reviews can be found in Appendix AR (EU)of the Immigration Rules. The ID checking app works on Android 6.0 and above, and now on iPhone 7 and newer models with iOS 13.2. Looking to grant, not for reasons to refuse settled status a statutory of! The Scheme is underpinned by a, the system eu settled status been made, applicants will receive decision. Step is to download the EU Settlement Scheme online blue credit card-sized document,... Period of a 12-month absence for an administrative review addition to Iceland, Liechtenstein and Norway 30 2019. Be found in Appendix AR ( EU ) of the website 5 years required the! Advice applies to England you usually have to submit additional documents should expect to wait longer Android and... 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