EU Settlement Scheme applications
Amicis Legal Services Ltd | Navigating Post-Brexit Immigration: EU Settlement Scheme
With the UK’s exit from the European Union in 2016, the era of Freedom of Movement for Britons across the continent came to an end on 31 December 2020. This change brought about new immigration rules, impacting all EU citizens seeking entry into the UK, as well as those who had lived in the country before the designated date. These new rules came into effect on 1 January 2021.
Under the EU Settlement Scheme, EU, EEA, and Swiss nationals have the opportunity to apply for Settled Status or Pre-Settled Status, depending on their date of arrival and accumulated “continuous residency.”
Understanding Settled Status and Pre-Settled Status
Settled Status, akin to Indefinite Leave to Remain (ILR), grants individuals the right to live, work, access the NHS, and travel to and from the UK without the need for a UK Visa or other immigration requirements. To qualify for Settled Status, you must have moved to or started living in the UK by the end of the Brexit transition period (31 December 2020). Additionally, you must have had “continuous residency” in the UK for at least 5 years as of that date.
Those who have been ordinarily resident in the UK by 31 December 2020 but have less than 5 years of continuous residency will be granted Pre-Settled Status. Pre-Settled Status permits you to stay in the UK for a limited period, but you can switch to Settled Status after accumulating 5 years of continuous residency in the country.
Continuous Residency and Absences from the UK
Maintaining “continuous residency” is crucial for determining your eligibility for Settled Status. This means you must not have been absent from the UK for longer than 12 months at a time during your 5-year block, unless you can provide compelling reasons or evidence that the absences were beyond your control. Exemptions may apply for situations like childbirth, illness, study, or military and Crown service.
Applying for the EU Settlement Scheme Family Permit
The EU Settlement Scheme Family Permit allows family members of EU citizens to enter the UK for a 4-6 month period, depending on processing times. There are no application fees for this permit.
Applicants can either:
Apply for the Family Permit before arriving in the UK and later apply to the EU Settlement Scheme once in the country, or Apply directly for the EU Settlement Scheme from outside the UK. Essential Documents for Application
Prospective applicants will need:
A valid passport A valid identity card (if applicable) Proof of living situation for family members of British citizens, along with the British citizen’s valid passport. At Amicis Legal Services Ltd, we are well-versed in navigating post-Brexit immigration complexities. Our expert solicitors can guide you through the EU Settlement Scheme, ensuring a smooth process for obtaining Settled Status or Pre-Settled Status.
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