On 30 March 2019, the government opened up the EU settlement scheme to EEA nationals residing in the UK and their family members. Those who qualify can now register for Settled Status and have their right to live and work in the UK indefinitely confirmed.
Under the new EU settlement scheme, EEA nationals and their family members will be able to apply for Settled Status, subject to having been resident in the UK for five years before the end of the implementation period 31 December 2020.
Eligibility conditions have been put into place for those EEA nationals, their family members, and persons wishing to be considered for Settled Status. To be eligible for Settled Status, the applicant must be:
In the event an EEA national or their family members meet all the above requirements except for the five years’ residence, an Applicant will be eligible for a grant of ‘Pre-Settled Status’. The Pre – Settled status will be granted under the following conditions
Applications for settled or pre-settled status are free and can be commenced here. Although the process seems straightforward, you should be aware that applications are subject to the suitability criteria, meaning it may be refused. There is normally no right of appeal for a refused application; however, you can apply for an Administrative Review.
If you are applying for Settled Status under the Zambrano route, you will need to submit a paper-based application.
The deadline for applications to the EU settlement scheme for those residing in the UK is likely to end in December 2020 if the UK leaves the EU with a deal. However, there is a six months’ extension after the end of the planned “implementation period” during which freedom of movement rights will continue to apply in the UK. In this case, both the rights under free movement law and under the settlement scheme exist side by side, and one can apply for, and hold, both simultaneously.
If you or your family have been affected by the changes to the Immigration Rules Appendix EU and wish to have your status confirmed, please get in touch with A Y & J Solicitors to ensure a smooth transition into a new era. Also, if your application for Settled Status has been refused, our team can assist you with applying for an Administrative Review.
According to the recent guidance provided by the Home Office applications to the EU Settlement Scheme are currently taking between 5 and 9 days to process where no additional information is required.
Yes, we can help you to retain your original ID while your application is in the process if we chose to use the Android app.
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