EU Settlement Scheme (EUSS)
EU Settlement Scheme (EUSS)
The EU Settlement Scheme (EUSS) provides a basis, for resident EEA and Swiss citizens and their family members to apply for the UK immigration status which they will require in order to remain in the UK. It is open to resident EU, EEA and Swiss citizens and their family members who started living in the UK by 31 December 2020. The deadline for most people to apply for pre-settled or settled status under the EU Settlement Scheme was 30 June 2021. The Home Office will continue to accept applications from individuals with ‘reasonable grounds’ for having missed the EUSS cut-off point.
How to apply for EUSS Settled Status?
Eligible persons who have completed a continuous 5 year period of qualifying residence in the UK are granted indefinite leave to remain in the UK, also known as Settled Status.
If you demonstrate 5 years’ continuous residence in the UK as an EEA national or as a family member of an EEA national, you can apply for settled status under the EU settlement scheme (EUSS). You may want to speak to Adam Bernard Solicitors for expert advice. Settled Status allows you to stay in the UK indefinitely.
How can I demonstrate Continuous Residence for settled status?
To get settled status you need to show that you have lived in the UK, the Channel Islands or the Isle of Man for at least 6 months in every 12 months during a consecutive 5year period. However, there are some exceptions to this requirement such as: A single period of up to 12 months for reason such as childbirth, serious illness, study, vocational training or an overseas work posting.
Pre settled status
You can apply for pre-settled status under the EU settlement scheme (EUSS) if you do not have 5 years’ continuous residence as an EEA national or a family member of an EEA national. Pre-settled status is granted for a period of 5 years.
I missed the deadline for EUSS
If you have failed to make either Settled or Pre-Settled Status by the deadline, then you may still be able to apply if there are reasonable grounds for making a late application. The Home Office has provided a non-exhaustive list of examples about what might constitute a ‘reasonable ground’ for having missed the deadline.
What is considered a reasonable ground for making a late application?
The Home Office have published case worker guidance provides a non-exhaustive list of what could be considered as ‘reasonable grounds’ for late applications. Some of the reasons that can be relied on include:
- where a parent, guardian or Local Authority failed to apply on behalf of a child. You will need to explain why an application for a child living in the UK was not made before the deadline. For example, you may not have realised that a child born in the UK needed to apply to the EUSS.
- where a person had a serious medical condition or was undergoing significant medical treatment which meant they were unable to apply by the deadline
- where someone is a victim of modern slavery or is in an abusive or controlling relationship
- where someone lacks physical or mental capacity or has care or support needs
- where a person was unable to apply by the relevant deadline for compelling practical or compassionate reasons
The guidance further specifies that a person being “unaware of the requirements to apply to the EU Settlement Scheme” may rely on this as a reason for a late application.
Existing limited or indefinite leave to enter or remain:
For those with alternative types of limited leave to remain in the UK, they can apply to the Scheme any time after their limited leave expires so long as they have reasonable grounds for applying late in line with the overall guidance. Those with indefinite leave do not need to apply to the Scheme but there may come a point in time that they want to do so to acquire the additional rights that come attached to settled status. They can apply late to the scheme so long as they demonstrate reasonable grounds for missing the deadline in line with the guidance.
Physical or mental capacity:
You will need to provide evidence if you believe that you or someone you know didn’t have the physical or mental capacity to apply to the EUSS before the deadline
I have a Document or status under EEA Regulations and did not know that I also needed to make a late application. Can I still apply?
If you have a biometric residence card and didn’t know you could no longer rely on this to remain in the UK you may be able to submit a late application. You will need to explain why you thought you could still rely on your other documents and why you didn’t apply before the deadline. This is recognised as one of the ‘reasonable grounds’ for a late application as referred to in the guidance.
What happens if I do not provide reason for applying late?
The Home Office will contact individuals to request additional information or evidence where required. It is important that you respond to any such requests, if you fail to do so the Home Office will decide the application based on the information they have, which, if not enough, may lead to a refusal of the application.
What if my reasons are not considered good enough by Home Office?
If the reasons provided are not accepted by the Home Office, the application will be refused on eligibility grounds and a letter explaining why the reasons were not accepted will be provided. The EU citizen will need to seek an administrative review of that decision or appeal against it. If your application is refused, you should contact Adam Bernard Solicitors immediately.
Who can apply for pre settled and settled status after the deadline?
Although the deadline was 30 June 2021, the Scheme is not due to fully close on that date. The Home Office will keep it open for years to come for those making late applications and for those with pre-settled status to apply for settled status. Those with pre settled status will have different deadlines depending on the expiry of their pre settled status. The family member of EEA nationals arriving in the UK on or after 1 April 2021, are legally required to apply for Settled Status within 3 months of arrival.
The late application grounds provided by the Home Office are also applicable to the those who miss their personal deadline to upgrade to settled status in the years to come.
Spouse, Civil Partner or Durable Partner of a Relevant EEA citizen
If you were a spouse, durable partner or civil partner of a relevant EEA citizen
before the specified date
and the relationship continues to exist your may apply for pre settled status.
Child Under the age of 21 and Dependent Child Over the age of 21.
A child under 21 of the EEA citizens or of the spouse or civil partner and the family relationship existed before the specified date can apply for pre-settled status under the EU Settlement Scheme (EUSS). A dependent child over 21 of the relevant EEA citizen or of the spouse or civil partner can also apply for pre-settled status under the EU Settlement Scheme (EUSS) if the family relationship existed before the 31 December 2020. The applicants in both cases must be the direct descendant of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of their spouse or civil partner, and this includes a grandchild or great-grandchild.
A dependent parent of the EEA citizen or of the spouse or civil partner and the family relationship existed before the specified date can apply for pre-settled status under the EU Settlement Scheme (EUSS). The applicant must be the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of their spouse or civil partner, and includes a grandparent or great-grandparent and an adoptive parent of an adopted child.
‘Dependent’ means that, as demonstrated by relevant financial, medical or other documentary evidence.
At Adam Bernard Solicitors you receive the best legal advice to ensure that all aspects of your EUSS application are covered. We thoroughly assess your documents and your prospects of qualifying for the EU Settlement Scheme
Joining Family Members
The EU Settlement Scheme is also opened to joining family members, who have an EU, EEA or Swiss relative who started living in the UK by 31 December 2020 where the relevant relationship was formed prior to this date and continues to exist at the date of application.
What documents do I need?
A valid passport or national identity card is required to make the application. If you wish to use the phone scanning app you will need a biometric passport or national identity card. The non-EU family members cannot use the app unless they already have a biometric residence card.
You will need to provide evidence of residence in the UK, if you do not have a valid permanent residence document. The application process automatically checks your National Insurance number, however if not so you may provide supporting evidence such as: P60s, payslips, bank statements or airline ticket confirming travel to the UK etc.
How can I apply for EUSS Family Permit?
THE EUSS Family permit is for the non-EEA citizens who are outside of the UK and intend to enter the UK with, or to join, their EEA family member. The EEA family member should be a relevant EEA Citizen with ‘settled’ or ‘pre-settled’ status under the EU Settlement Scheme. The family member must have been a resident of the UK as of 31 December 2020 and the relationship with the family member must have already existed/began before this date.
‘Family member’ is defined in Annex 1 of Appendix EU (Family Permit). The following fall within this definition and are able to apply for an EUSS family permit:
- The spouse or civil partner of a relevant EEA citizen, where the marriage or civil partnership was contracted/formed before the specified date* or where the applicant was the durable partner of the EEA citizen before the specified date (and held a relevant document as such under the EEA Regulations) and the partnership remained durable at the specified date.
- The child (or grandchild) or dependent parent (or grandparent) of the EEA citizen.
- The child (or grandchild) or dependent parent (or grandparent) of the spouse or civil partner of the EEA citizen.
If your family member originates from the EU, EEA or Switzerland themselves, he/she can apply via the EU Settlement Scheme using their passport or valid identity card.
My EU Settlement Scheme Application Has Been Refused?
If your application for EUSS has been refused and you wish to challenge the Home Office decision, our team of experts can efficiently navigate you through the entire process. Adam Bernard Solicitors have an excellent record of successfully challenging the EUSS refusals and we have won several appeals for our clients. We can also seek an administrative review of the UKVI decision on your behalf, If your application for settled status or pre settled status under the EU Settlement Scheme has been refused.
Retained rights of residence under EUSS
If you previously had a relationship with an EU national and resided in the UK for a period of time, you may be able to ‘retain the rights of residence’ and apply for either settled status or pre-settled. This could include the children and partners of deceased EU nationals and those who were married to EU nationals and the marriage has now been terminated. The requirements and documentary evidence to apply under retained rights vary for each group.
If you wish to apply for retained rights a partner, you will need to demonstrate that you had a genuine marriage with an EU national for three-year period and documents that demonstrate you have been resident in the UK for at least one year.
For the purpose of retained rights application, an individual is still considered married until the decree absolute is issued. Adam Bernard Solicitors are experienced in advising individuals on retained rights and late applications and if you would like assistance, please visit either of our London offices and speak to a member of our team.
Can I apply for settled status from outside the UK?
You may apply for status under the EU Settlement Scheme from inside or outside the UK if you are able to provide the required evidence.
What is the application Fee for an EU Settlement Scheme Settled Status Application?
There is no Home Office fee for an EU Settlement Scheme Settled or pre settled Status application.
How Adam Bernard Solicitors Can help with your EUSS application?
At Adam Bernard solicitors we have years of experience dealing with EU applications for individuals who are or have family from the European Economic Area (EEA). We ensure that your application has the best chance of success. We regularly assist EU, EEA and Swiss citizens and their family members to apply to the EU Settlement Scheme.
Who Has a Zambrano Right to Reside?
Those applying under this route need to show they are the primary carer of a British citizen child or dependent adult. It must be shown when making these applications that were the application refused, it would be necessary for the British citizen to leave the EEA. Evidencing these claims can be complex and require the depth of experience that our immigration department holds to give your application the best chance of success
A person who had a derivative right to reside must have been resident for a continuous qualifying period in the UK with a right to reside by virtue of regulation 16(1) of the EEA Regulations in conjunction with subparagraphs (5) and (6).
You will be required to show that you are:
- The primary carer of:
- a British child who would have to leave the EEA if you left the UK; or
- a British dependent adult who would have to leave the EEA if you left the UK; or
- The child of a primary carer in circumstances where:
- you are under the age of 18 (or were when you first applied under the Settlement Scheme); and
- the primary carer is eligible for a derivative residence card; and
- your parent would have to leave the UK if you left the UK
The EU Settlement Scheme currently only allows an application to be made where the person does not have any other form of leave to enter or remain in the UK under the Immigration Rules – for example as the parent of a British child in Appendix FM.
However, the High Court recently decided that this was unlawful and held that Zambrano carers can make an application even if they currently have leave to remain on a different basis. The Home Office has agreed to reconsider the content of Appendix EU and the guidance.
Who can qualify as a primary carer?
You will qualify as a ‘primary carer’ if you are someone’s main carer, or you share the responsibility with someone else, and you are their direct relative or legal guardian. Direct relatives include:
- Spouses or Civil Partners
- Children (including adopted children but not stepchildren)
If you have previously been issued a residence card or an EEA Family Permit under the EEA Regulations on the basis that you are the person’s direct relative, this will be accepted in an EUSS application. Otherwise, evidence must be provided.
Those applicable under this route need to show that they are the primary carer of an EEA national child, where requiring the primary carer to leave the UK would prevent the EEA national child from exercising their free movement rights. Our immigration departments in each of our London offices have years of experience in making such applications to ensure the best chance of your success.
Ibrahim And Teixeira
Those applicable under this route will be the primary carer of a child of an EEA national worker/former worker. The child must still be in education in the UK, and it must be shown that were the primary carer removed it would prevent the relevant child from continuing their education in the UK. These applications are notoriously difficult to evidence and require expert advice when preparing one’s application. Our immigration departments in both our London offices have successfully supported our client’s through this process and have harnessed a great reputation as a result.
Why Adam Bernards?
- We understand the importance of making these applications and the impact they have on our clients’ lives. We balance sensitivity with professionalism to ensure that our clients’ meet their goals.
- Our team of best immigration solicitors in Central London and East London have years of experience in navigating the requirements under this route and will ensure that your application is comprehensively covered.
- We have achieved numerous clients settlement over the years as evidenced through our clients testimonies