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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). Nath is an immigration solicitor and Senior Caseworker at Islington Law Centre. The deadline for Settled Status applications is 30 June 2021. Under Appendix EU, continuous residence simply means having lived, or living, in the UK. You can give your National Insurance number to allow an automated check of your residence based on tax and certain benefit records. 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. Those who have indefinite leave to remain in the UK may apply, but do not have to. This website uses cookies to improve your experience. 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. To qualify for settled status under the EU settlement scheme you would need to show that you have lived in the UK for a continuous period of 5 years. 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. checking individuals’ immigration status, such as banks, landlords, the NHS etc 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”. A biometric residence permit is a pink and blue credit card-sized document. 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. may be more familiar with settled status documents than indefinite leave 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). DavidsonMorris Ltd t/a DavidsonMorris Solicitors is a company Registered in England & Wales No. Look over your application before you send. 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. We have recorded a screencast of a settled status application. EU16 can also be used to refuse settled status where the applicant is subject to a removal decision under the EEA Regulations. 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. This category only includes cookies that ensures basic functionalities and security features of the website. All that remains is for the application to go to a human decision-maker to sign off on the decision to grant settled status. 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. One period of a 12-month absence for an important reason, i.e. Settled Status is part of a settlement scheme by the UK government for EU citizens living in the UK following Brexit. 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. an expired passport and will not be able to use that to prove their right to they do not have to, unlike Rule EU15) refuse an application. provide a photo of themselves). Appendix EU is where the detailed rules on the Settlement Scheme are found. issued to them under the EEA Regulations will need to go, We do not yet know the immigration requirements that EU citizens who want to move here after 31 December 2020 will have to meet, but they are likely to be different from free movement. 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. The EU Settlement Scheme is underpinned by a set of administrative rules called “Appendix EU”. 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’ll only need to provide documents if you have been here for … Those who have indefinite leave to remain in the UK may apply, but do not have to. they do not have to, unlike Rule EU15) refuse an application. 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. The EEA, ie; the European Economic Area, includes EU countries, in addition to Iceland, Liechtenstein and Norway. 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”. Those who moved to the UK prior to the applicable deadline date but who have not yet lived in the UK for 5 years should instead be eligible for pre-settled status. 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. Future children are also protected. There is a useful list of documents which will count as evidence of residence at the end of the caseworker guidance. This will only work if the passport or card is a biometric document with a chip (indicated by a rectangular gold symbol that looks like a camera). 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. However, you will need to have scanned your ID already. 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. EU citizens will need to apply for, and be granted, EU settled status. As such, those with settled status are to have access to the same rights and benefits they were entitled to under free movement. The Windrush generation can testify that being undocumented in “compliant environment” Britain is no fun at all. under the EEA Regulations, Attending a document scanner 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. Once the code is inserted, they will get evidence of their status as shown below: This is all that European nationals will get. The applicant will need to fill in the sections on “application type”, “residence in the UK” and “criminal convictions”. after an absence of two years. Settled status is not an automatic right. If this check is successful, you’ll not need to provide any documents as proof of residence. In addition, employers, for example, cannot accept an indefinite leave If you are using the app by going to an ID scanner location, you must attend the appointment before completing the online form. In addition, though, the Home Office will carry out its own checks through the Police National Computer and the Warnings Index. 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. In terms of evidence, the default position will be for the applicant to simply give their National Insurance Number. This allows them to stay until they have reached the five-year threshold. If you are an EU, EEA or Swiss citizen, or the family member of an EU, EEA or Swiss citizen, you will be eligible to apply for settled status under the EU settlement scheme. 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. 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. 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). 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. It is not easy reading even for lawyers, though, so this post tries to explain what the rules are and how the scheme works in practice. 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).. childbirth, serious illness, study, etc; Applicants also need to “enrol their facial image” (i.e. The system will check existing government databases for proof of residence, for example. Evidence of your relationship to the child will be required with the application. A person refused status under the scheme before 31 December 2020 may also make a further application under the scheme at any point before then. 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 ID checking app works on Android 6.0 and above, and now on iPhone 7 and newer models with iOS 13.2. In the future, many bodies In those cases, the applicant will then be able to upload documentary evidence of their continuous residence, still digitally. Save time & money on spotting issues early. 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. The first step is to download the EU Exit: ID Document Check app. 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. Getting settled status under the new EU Settlement Scheme means EU citizens can continue to live and work in the UK as they do … There are, though, advantages in applying for settled status for those who have indefinite leave to remain, including: Applicants who have a document certifying permanent residence or indefinite leave to remain will not have to provide further evidence of residence, but will be subject to criminality and security checks (see below). In addition, they will need to submit evidence of. Immigration law changes very rapidly, though. of the Sopra Steria UK Visa and Citizenship Application Services (UKVCAS) – To verify whether you have a valid permanent residence document you will need to look for one of the following: Please note a “registration certificate” is not a permanent residence document. They will then be sent an “access code” by email or by phone, which they will need to insert online to log in. Use your own smartphone, pc/mac or tablet. That is, they will be allowed to appear in front of an independent judge who will decide whether they should have been granted status. The Use the EU Settlement Scheme contact form to get help online. We'll assume you're ok with this, but you can opt-out if you wish. 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. This website uses cookies to improve your experience while you navigate through the website. The end of EU freedom of movement and the introduction of a new points-based immigration system will mean EU citizens coming to the UK from 1 January 2021 will need to apply for a visa before they travel. their biometric information (i.e. This can be done where “. 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. 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. She is also a co-convenor of the ILPA Family and Personal Migration Working Group and a trustee of JCWI. If the Home Office is satisfied “on the balance of probabilities”, that the applicant meets this requirement, they will be eligible for settled status. 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. members join you in the UK are more generous for those who have settled status Please note, permanent residency documents will become invalid after the application deadline for settled status under the scheme. In those cases, the applicant will then be able to upload documentary evidence of their continuous residence, still digitally. He confirms that he has lived in the UK for less than five years. The system has been designed to be much easier than a typical immigration application. The applicant will simply need to “self-declare” that they have not been absent for that period of time. 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. give their fingerprints and have a photograph location (see more details below) – this is available to EU nationals who have The applications will be fully open by 30 March 2019. The EU Settlement Scheme allows any non-British EU, EEA or Swiss nationals living in the UK before the … This will not affect most people but there is more information in the official guidance. 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. 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. 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. Of course, not everyone will have data with HMRC or DWP (for example, those who have never worked or received benefits). The other option is to send your identity document to the Home Office by post, who should return it to you within three days. 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”. Failing to apply will mean that they end up with. Note that these locations only accept European biometric passports (not national identity cards) and Biometric Residence Cards. If you are not an EU, EEA or Swiss citizen, your biometric residence card will say “Permanent Residence 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”. 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. Some of details have changed since it was recorded, but the basic process is as depicted. 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. 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. 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.. With settled status, you retain full access to healthcare and, where eligible, any public funds including state benefits and pensions. After logging in, the applicant sees a page that looks like this: The “identity” and “digital photo” sections will show up as “completed” already, because that is done via the app. The app will ask applicants for a phone number and email address. The information and commentary on this website is provided free of charge for information purposes only. I do not have a phone which supports the app. The existing, every EU national and their family will need to make an application before the. 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. 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. It confirms that: This Annex provides non-exhaustive lists of the type of documentary evidence which the applicant will be able to provide. They may want to get a settled status document, rather than renewing their existing documents, to use for things like proving to employers, landlords and banks their right to live and work in the UK. This means that EU nationals will not need to show that they have been working, studying or held Comprehensive Health Insurance (a. Necessary cookies are absolutely essential for the website to function properly. I do not know how to submit an application online. The Home Office needs evidence for at least six months for every year. 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. fingerprints and a photograph) by booking an appointment at a Sopra Steria centre. their EU national will be redirected to the Sopra Steria website to book an Rule EU15 sets out mandatory grounds of refusal: In addition, under Rule EU16, caseworkers may (i.e. 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. The Home Office should then ask him to submit evidence of his residence for the years 2015, 2016 and 2017 (they shouldn’t ask for 2018 because they should have HMRC evidence of his residence covering more than six months for that year). ID and non-EU nationals who have a Biometric Residence Card issued to them Phone which supports the app, you will receive a decision has been updated to account. ( i.e and Senior caseworker at Islington Law centre Comprehensive Health Insurance a... Warnings Index much easier than a typical immigration application a biometric document may send the documents by post instead by... You will not need to show that they have never worked or claimed benefits — may struggle the! Modern Android smartphones and some iPhones to, unlike Rule eu settled status sets out mandatory grounds refusal! Additional documents to prove residence with late 2018 their families may have an effect your... 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Application system has been designed to be much easier than a typical immigration application,. Check of your relationship to the same DM Business Newsletter & Invitations to our Privacy Policy enrol their information! Email – example here website uses cookies to improve your experience while you navigate through the Digital!

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