EU SETTLEMENT SCHEME/ LATE APPLICATIONS

 

What is Settled Status and Pre-Settled Status?

 

To apply for Settled Status through the EU Settlement Scheme, you generally must have moved to or begun living in the UK by the end of the Brexit transition period on 31 December 2020.

Settled Status is akin to Indefinite Leave to Remain (ILR), as it allows you to live, work, access the NHS, and freely travel in and out of the UK. With this permanent residency status, you won’t need to apply for a UK Visa or meet any additional immigration requirements.

Your residency duration in the UK determines whether you qualify for Settled or Pre-Settled Status.

To qualify for Settled Status, you must have been a UK resident by 31 December 2020 and accumulated at least five years of continuous residency in the country. Those who had lived in the UK for less than five years by June 2021 will instead receive Pre-Settled Status.

It’s important to maintain continuous residency, which means not spending more than 12 months outside the UK at any one time during the five-year period, unless the absences were due to exceptional circumstances such as childbirth, illness, study, military service, or being a Crown servant.

If you don’t meet the five-year residency requirement, you will receive Pre-Settled Status, and after five years, you can apply to switch to Settled Status. This process is not automatic and requires a separate application.

 

How Can N & M Immigration Lawyers Help with Settled Status Applications?

 

At N & M Immigration Lawyers (NMILs), we can assist you with your Settled Status application. Although the application form is accessible online, you may need help compiling the necessary evidence, such as proving your continuous residency.

Contact our expert team of advisors today at 0800 774 7187  for tailored guidance on your application.

 

What is the EU Settlement Scheme?

 

The EU Settlement Scheme was introduced to register all resident European citizens and their family members in response to post-Brexit immigration rules. Though temporary, it has been extended beyond the initial transitional period to allow residents more time to apply.

With Settled or Pre-Settled Status, EU citizens can be assured they won’t face deportation and can continue living and working in the UK without disruption. In 2023, a rule change means that individuals with Pre-Settled Status under the scheme will have their status automatically extended by two years if they haven’t yet obtained Settled Status by the time their Pre-Settled Status expires.

 

Sponsoring Family Members Under the EU Settlement Scheme

 

If you are an EU, EEA, or Swiss citizen, you can sponsor family members to join you in the UK under the EU Settlement Scheme. Eligible family members include children, spouses, unmarried partners, and immediate relatives.

To be eligible, you must have been a UK resident as of 31 December 2020, and your relationship with the family member must have existed before that date. The relationship must still exist at the time of the family member’s application.

Family members from the EU, EEA, or Switzerland can apply using their passport or ID card, while non-EU family members will need a UK document, such as a residence card, or apply for an EU Settlement Scheme Family Permit. Family members arriving after 1 April 2021 must apply for Settled Status within three months of arriving in the UK.

If unable to bring your family member through the EU Settlement Scheme, they can alternatively apply for a UK Visa, such as a Family or Spouse Visa.

 

Applying for the EU Settlement Scheme Family Permit

 

There are no fees for applying for the EU Settlement Scheme Family Permit. This permit allows holders to freely enter and exit the UK for 4-6 months, depending on processing times.

Applicants can either:

 

• Apply for a Family Permit before entering the UK, and then apply for the EU Settlement Scheme once in the UK, or
• Apply directly to the EU Settlement Scheme from outside the UK.

Required Documents for Application

 

Applicants will need:

• • A valid passport

• • A valid ID card (for those from the EU, Switzerland, Norway, Iceland, or Liechtenstein)
  • Proof of their relationship to a British citizen and the citizen’s valid British passport (if applicable)

Who is Eligible to Apply?

 

You may be eligible to apply for the EU Settlement Scheme if you:

• • Are living outside the UK with a UK citizen (Surinder Singh route)

• • Are from the EU, Switzerland, Norway, Iceland, or Liechtenstein and hold a valid passport or biometric ID card

• • Hold a UK-issued valid biometric residence card if you are not from these countries

Otherwise, you’ll need to apply for a Family Permit to enter the UK.

 

Late Applications for EU Settlement Based on Reasonable Grounds

The deadline for applying to the EU Settlement Scheme (EUSS) passed on 30 June 2021, but there are provisions for submitting a late application if you can demonstrate reasonable grounds for missing the deadline. At N & M Immigration Lawyers (NMILs), we specialize in assisting those who need to apply late to the EUSS, guiding applicants through the complexities of demonstrating valid reasons for their delay.

 

Even though the official deadline has passed, the Home Office continues to accept late applications if the applicant can provide a compelling explanation for why they missed the cutoff. Reasonable grounds can include, but are not limited to:

 

 

• • Medical conditions or disabilities that prevented timely application

• • Lack of awareness due to vulnerability, such as for children, the elderly, or those with mental health issues

• • Absence of knowledge due to specific circumstances, such as limited access to information for those in care, the homeless, or victims of abuse

• • Personal circumstances involving severe issues such as family crises, domestic violence, or exploitation that interfered with the ability to apply on time
  • Errors or mistakes made in previously submitted applications that were rejected or returned

The Home Office assesses each late application on a case-by-case basis, considering whether the applicant’s situation justifies the delay in applying. While the process can be complicated, NMILs can assist you in making a robust case for your late application, ensuring that all necessary evidence is collected and presented effectively.

 

How N & M Immigration Lawyers Can Help

 

At N & M Immigration Lawyers, we understand how stressful the application process can be, especially for those applying late under exceptional circumstances. Our team of experienced immigration lawyers is well-versed in the EUSS and will work with you to:

• • Identify valid reasonable grounds for your late application

• • Assist in gathering supporting evidence, such as medical records, statements, or relevant documentation

• • Prepare and submit a thorough application, addressing your individual situation and providing the strongest possible case for approval

We offer personalized, expert advice and support to ensure your application is handled professionally and with the greatest chance of success. Contact our friendly team today at 0800 774 7187 to discuss your situation and find out how NMILs can assist you in securing your immigration status in the UK.

 

At N & M Immigration Lawyers (NMILs), our OISC-trained and certified immigration lawyers can help with any of your immigration needs. Whether you need support proving five years of continuous residency or advice on sponsoring a family member, our dedicated team is here to assist. We offer comprehensive Application Support Packages and untimed Advice Sessions.

Contact our friendly team today at 0800 774 7187 to learn more about our personalized services