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The EU Settlement Scheme is designed to replace the previous applications under free movement provisions known as Residence Cards and Permanent Residence Cards. The idea is that these statuses, issued under domestic rather than European law, guarantee ongoing rights of residence in the UK for EU nationals following Brexit.

To legally live and work in the UK as an EU, EEA or Swiss citizen you must apply for settled status through the EU Settlement Scheme. The deadline for applications has now passed, but Broudie Jackson Canter can assist you with a late application.

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The deadline for applications to be made to the EUSS was 30 June 2021

EU nationals and their family members could take advantage of this scheme until 30th June 2021. The deadline was set to give EU nationals sufficient time to switch over from living here under provisions of European free movement law to under the British immigration rules.

If you are an EU, EEA or Swiss citizen but did not make an application to the EUSS by the deadline of 30 June 2021, your rights in UK law are not protected. However, it isn’t too late to make an application.

*Please note Irish nationals are not obliged to make these applications.

Reasonable grounds for late applications

The EU Settlement Scheme has allowed late applications for EU, EEA and Swiss citizens and their families who can show they have reasonable grounds for missing the deadline, including:

  • Where a parent, guardian or Local Authority has failed to apply on behalf of a child.
  • Where a person has or had a serious medical condition, which meant they were unable to apply by the relevant deadline.
  • Where someone is a victim of modern slavery or is in an abusive relationship.
  • Where someone is isolated, vulnerable or did not have access to the application process.
  • Where a person was unable to apply by the relevant deadline for compelling practical or compassionate reasons.

How to make a late application?

Applications under the EU Settlement Scheme are made online. You can choose to do this either via the Home Office website or can use the ‘EU Exit: ID document check’ app as long as you hold a biometric passport.

In some complex cases the Home Office may ask you to use a paper application form. This is normally for British nationals who have exercised their rights in other EU countries known as ‘Surinder Singh’ applications.

You do not need to apply to the EUSS:

  • If you’re a naturalised British citizen
  • If you have indefinite leave to enter or remain
  • You’re an Irish citizen but any non-Irish, non-British family members will need to apply to the EUSS if they want to stay in the UK.

Remember:

  • You still need to apply to the EUSS even if you have lived in the UK for many years, are married to a British citizen, or hold a permanent residence document
  • Your children will need their own individual applications if they are not British citizens or do not have indefinite leave to enter or remain.
  • If you are expecting to have a child or have given birth since 1 April 2021 then you will need to make an application on the behalf of your child within 3 months of their birth. However, you don’t need to apply on their behalf, if either parent has settled status under the EUSS before the child is born, as the child will be a British citizen
How can an Immigration solicitor help?

If you are unsure of your current status, or believe you would benefit from further information, then call our welcome team on 0151 227 1429 or email enquiry@broudiejacksoncanter.co.uk.

They will be able to arrange a meeting, either in person or via video conferencing with one of our specialists. We offer a free 30 minute Where Do I Stand meeting, where our team of expert solicitors can explain the options available to you, review your specific situation, and determine whether the EU settlement scheme is beneficial for you. If you believe you could benefit from this service, then make an enquiry.

What do I need to show?

The Home Office will want to confirm your ID, check your criminal record and know how long you have been living in the UK. They will give you an opportunity to upload supporting documents. In around 1/3 of cases, the Home Office has contacted applicants after submission to ask for further documents.

What will I get?

If you have been in the UK for less than five years, you will be given ‘Pre-Settled Status’ - this is a five-year grant of leave to remain. After this time has elapsed, you can consider settling in the UK.

If you have been in the UK for over five years, you will be given ‘Settled Status’ which is the ability to live in the UK permanently.

Your residency in the UK for the five-year period must be continuous so certain breaks and levels of absence can cause issues.

If applications are not successful, these can be challenged by Administrative Review. This process has not been in existence for very long and the decisions made by the Home Office have not always been consistent. Many of those who were initially issued ‘Pre-Settled Status’ have been able to successfully challenge decisions to get ‘Settled Status’.

If you are considering the EU Settlement scheme and would like to discuss your options, Jackson Lees experts can help. Call us today on 0151 227 1429, request a callback at your convenience or make an enquiry.