The EU Settlement Scheme deadline of 30 June 2021 is fast approaching and all eligible EU, EEA, and Swiss citizens and their family members who were resident in the UK by 31 December 2020, should apply without delay so that they can continue to work, study, and access free healthcare and benefits in the UK after 30 June 2021.
If you are an EU, EEA or Swiss citizen and your family members have lived in the UK for many years or have a permanent residence document or EEA Biometric Residence Card (BRC), you still need to apply to the EUSS (or apply for British Citizenship) by 30 June 2021 to continue to live and work in the UK.
An application must be made for every eligible child within a family. Parents must apply on behalf of their children, even if they have already applied and been granted a status for themselves.
What is EU settlement Scheme?
The United Kingdom left the European Union on 31 January 2020 at 11 PM and entered a transition period, due to end on 31 December 2020. During this transition period, EU nationals can continue to enjoy their freedom of movement rights in the UK as they did before Brexit. The rights and status of EU, EEA and Swiss citizens living in the UK will remain the same until 30 June 2021. EU citizens and their family members who wish to remain in the UK after 30 June 2021 will need to apply for an immigration status to remain lawfully in the UK under the EU Settlement Scheme (EUSS).
What is EUSS Family Permit?
The EUSS family permit facilitates entry into the UK of an eligible non-EEA citizen family member to join an EEA or Swiss national who is residing in the UK who has been granted Pre-settled or Settled Status under the EU Settlement Scheme.
Application Details and Costs
There are no application fees to apply to the EU Settlement scheme. If you paid a fee when you applied to the EU Settlement Scheme, you’ll get a refund.
Except in a few cases, you can apply if:
- You are an EU, EEA or Swiss citizen
- You are not an EU, EEA or Swiss citizen, but your family member is (or is an eligible person of Northern Ireland)
You should apply even if:
- You were born in the UK but are not a British citizen
- You have a UK ‘permanent residence document’
- You are a family member of an EU, EEA or Swiss citizen who does not need to apply - including if they’re from Ireland
- You are an EU, EEA or Swiss citizen with a British citizen family member
If you have children, you must apply for them separately.
If you are an EU, EEA or Swiss citizen and you have a family member who is an eligible person of Northern Ireland, you may be able to choose which way you apply for the scheme. You can apply to join your EU, EEA or Swiss family member if they started living in the UK on or before 31 December 2020.
You cannot apply to the EU settlement scheme from inside the UK if you arrived after 31 December 2020 and you are here:
- on a Standard Visitor visa, Permitted Paid Engagement visa, Parent of a Child Student visa or Transit visa
- without a visa
- You also cannot apply if you’re here on a Marriage Visitor visa, unless you’re applying after you have married or entered into a civil partnership with the EU, EEA or Swiss person you’re joining.
Irish citizens do not need to apply to the settlement scheme. If they choose to, they can apply from within the UK regardless of how they entered.
If you are not an EU, EEA or Swiss citizen you also be eligible to apply if:
- you used to have an EU, EEA or Swiss family member living in the UK (but you have separated, they have died or the family relationship has broken down)
- you are the family member of a British citizen and you lived outside the UK in an EEA country together
- you are the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship
- you have a family member who is an eligible person of Northern Ireland
- you are the primary carer of a British, EU, EEA or Swiss citizen
- you are the child of an EU, EEA or Swiss citizen who used to live and work in the UK, or the child’s primary carer
- you are the family member of a ‘frontier worker’
There may be other eligibility requirements not mentioned above, if you are not sure if you qualify our immigration lawyers can help you.
What options do we have if I have been refused?
Depending on the reason for refusal there may be several ways you can tackle the refusal, our Immigration lawyers can go through this with you and lay out options on what can be done to help you settle in the UK.
What if there has been a delay in decision making from the Home Office?
If you believe there is a prolonged amount of wait for Home Office to make a decision on your application there are several things you may be able to do, please see here for more information.
How can we assist?
If you are unable to make an application for the EU Settlement Scheme or you are unsure if you qualify, City Legal can offer you full assistance through face-to-face consultation, evaluation of supporting documents, and full representation in the submission of your application. We can also provide expert advice to those individuals who meet the criteria but have been subject to criminal convictions or unable to prove their continuous residence for the grant of EUSS. We are a multi-award-winning law firm and pride ourselves in being approachable, innovative, and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to providing clear, transparent and reliable advice to our clients.
How can I get more information and help with applying for a Visa?
If you have any questions or problems, you should contact the Home Office EU Settlement Scheme Resolution Centre: 0300 123 7379. For expert advice and assistance on applying for EU settlement scheme or any other route, you may contact us at firstname.lastname@example.org or call us to book a consultation on 020 8175 4000.