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EU Settlement Scheme & Family Permit

This scheme is for EU, EEA or Swiss citizens to continue living in the UK after 30 June 2021. The scheme extends to applicants and their family members. Family members of eligible applicants of Northern Ireland may also apply. There is no need to apply if you have ILR status, ILE status, British Citizenship or Irish Citizenship.

 

In order to be applicable, you must have begun living in the UK by 31 December 2020. The deadline for applying to the EU Settlement Scheme is 30 June 2021. You may be granted Pre-settled or settled status depending on how long you have been staying in the UK

 

Pre-Settled Status:

 

If you have not lived in the UK for a continuous period of five years as either EEA national or a family member of EEA national, then you will be granted Pre-Settled Status. A Pre-Settled Status is also known as Limited Leave to Remain. After holding the Pre-Settled status for five years, you may apply for Settled Status. This is also known as Indefinite Leave to Remain or ILR.

 

The main requirement is that you are an EEA national or family member of an EEA national who is residing in the UK before Brexit.

 

Settled Status:

 

Under the EU Settlement Scheme, you should be granted settled status (also known as Indefinite Leave to Remain) if you have lived in the UK for a continuous length of five years as an EEA national or the family member of an EEA national. Your application will not require you to submit anything beyond proof that you have been residing in the UK continuously for five years.

 

The Home Office should grant you Settled Status so long that you do not pose a security threat to the UK or are a serious and consistent offender.

FAQs:

Application is made online. When you apply you will need:

  • Proof of identity
  • Proof of your residence in the UK, unless you have a valid permanent residence document or Indefinite Leave to Remain in the UK.

 

EU/EEA and Swiss citizens can use the EU Exit App to prove identity when applying for Pre-Settled or Settled Status. The process will involve taking a photograph of yourself and your passport. The App reads the biometric chip in your passport, and provides information for Home Office to check. 

 

After you have applied:

 

Upon successful application, you will receive an email confirmation on whether you have received Settled or Pre-Settled Status. After 12 months of receiving the status, you should be able to apply for British Citizenship. If your application is unsuccessful, you are free to reapply or contact assistance.

You can apply for an EU Settlement Scheme Family Permit to come to the UK if all of the following are true:

 

  • you’re the eligible family member of an EU, EEA or Swiss citizen, or a ‘person of Northern Ireland’
  • your family relationship began by 31 December 2020
  • your family member was living in the UK by 31 December 2020
  • your family member is in the UK already or traveling with you to the UK within 6 months of your application

Family Permits are also issued to persons seeking entry to the UK through ‘Surinder Singh’ criteria.



The main requirement of a Family Permit is: the person accompanying you or the person you’ll be joining in the UK is from the European Economic Area (EEA) but not the UK and you are a non-EU/EEA national (Spouse is considered as EU citizen under Surinder Singh Family Permit application).

 

There are now 2 main types of Family Permits: 

 

(1) the EU Settlement Scheme Family Permit (EUSS):

Apply for the EU Settlement Scheme Family Permit if you’re the close family member of an EEA or Swiss national and they have ‘settled’ or ‘pre-settled’ status under the EU Settlement Scheme. You must be a ‘close’ family member, such as a spouse, civil partner, dependent child or dependent parent. A full list of who can join can be found by clicking on this link– who must meet the eligibility criteria.

 

(2) the EEA Family Permit.

Apply for the EEA Family Permit if you’re a close or extended family member of an EEA or Swiss national. You can be a close or ‘extended’ family member – for example a brother, sister, aunt, uncle, cousin, nephew or niece. This scheme will end on the 30 June 2021. You may be able to apply for an EU Settlement Scheme family permit to come to the UK after 30 June 2021

 

Both Family Permits are free. EEA family permits are usually valid for 6 months. However, they will not be valid after 30 June 2021, even if there is time left on the permit.

 

An EUSS Family Permit is valid for 6 months, unless:

 

  • you plan to arrive in the UK on or after 1 April 2021
  • your application is approved more than three months ahead of your planned arrival date

 

In this case, it’s valid for 4 months from your planned arrival date.

If your eligible family member was living in the UK by 31 December 2020, you can apply to the EU Settlement Scheme to continue living here after your family permit runs out.

 

If they came to the UK on or after 1 January 2021, you’ll usually need to apply for a visa to live, work or study.

 

If your family members have not yet arrived in the UK- you can by clicking on this link, check if they can come to the UK.

Contact White Horse Solicitors & Notary Public for expert advice by experienced professionals on all areas of Immigration law. The many conditions and immigration requirements that must be met are handled by White Horse Solicitors and Notary Public with excellent professionalism, reliable conduct and integrity. We will ensure that our advice focuses on your personal circumstances and will always aim to achieve brilliant results for our clients.

 

White Horse Solicitors & Notary Public is well placed and highly qualified in providing professional advice and assistance on making an application for EU Settlement Scheme Visa and/or EU Settlement Scheme Family Permit. We recommend getting in contact with us on 020 7118 1778 for our specialist and professional advice on such an application before any action is taken.

The information contained on this page is sourced from UK Visas and Immigration and is subject to change. White Horse Solicitors & Notary Public makes every effort to keep this information current, however prices and information cannot be guaranteed and should always be checked on www.gov.uk

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