In the light of a continuing Brexit and new legislation from the UK Gvt re: settled status, we ask how current EU citizens living in the UK will be affected and how they can ensure their rights and residency.
The Gvt has stated that,after 30 June 2021,if you are an EU citizen living in the UK, you and your family will be able to apply to the EU Settlement Scheme to continue living in the UK. If your application is successful, you will get either settledor pre-settled status.
The EU Settlement Scheme will be open fully by 30 March 2019. and the deadline for applications will be 30 June 2021. Irish passport holders and those with indefinite leave to remain (ILR) may be able to stay without applying andthe UK has also reached agreements with Norway, Iceland, Switzerland and Liechtenstein re: reciprocal citizen’s rights which you can read about on their official website at https://www.gov.uk/settled-status-eu-citizens-families.
So how do you determine if you will get ‘settled’ or ‘pre-settled’ status?
Gvt guidelines are as follows:
If you have 5 years’ continuous residence by 30 June 2021 (and you meet all the eligibility criteria), you’ll get settled status. Five years’ continuous residence means that for 5 years in a row you’ve been in the UK for at least 6 months in any 12 month period, except for:
one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting)
compulsory military service of any length
If you apply before you’ve got 5 years’ continuous residence, you’ll only get pre-settled status. You’ll then need to apply again later to get settled status if you want to stay in the UK permanently.
If you don’t have 5 years’ continuous residence by 30 June 2021, you will not be eligible for settled statusbefore the deadline for the EU Settlement Scheme. However if you meet all the eligibility criteria, you’ll get pre-settled statusif you apply anytime before 30 June 2021.You can then change your pre-settledstatusto settled statusas soon as you have 5 years’ continuous residence.
You may get settled statusbefore you have 5 years’ continuous residence if you had to stop working early or start working in another EU country.
What if I am a family member of an EU citizen?
You can apply with or after your family member for settlement. Your family member will be given an application number so you can use this to ‘link’ your application to theirs so your applications are considered together.
What if my family member was an EU citizen and has died?
You might be eligible for settled statusbefore 5 years but your family member must have been working or self-employed in the UK at the time of their death and you must have been living with them just before their death and either:
they lived continuously in the UK for at least 2 years before their death
their death was the result of an accident at work or an occupational disease
What if I am overseas and a family member of an EU citizen living in the UK?
If you are not living in the UK by 31 December 2020, you will still be able to apply to join your family member here after that date if all of the following apply:
your family member has either settled or pre-settled status
your relationship began before 31 December 2020
you remain a close family member, for example a spouse, civil partner, unmarried partner, a dependent child or grandchild, or a dependent parent or grandparent
What if I have permanent residence or indefinite leave to remain?
If you have a valid UK permanent residence document, you can change your permanent residence document to settled statusby applying to the EU Settlement Scheme. You will not have to pay or prove you have 5 years’ continuous residence.
You can continue to live in the UK without applying to the EU Settlement Scheme if you have indefinite leave to remain or enter. However, you can choose to change it for settled status.
This means you should be able to spend up to 5 years in a row outside the UK without losing your settled status(instead of 2 years with indefinite leave to remain or enter).How long you can live outside the UK is still subject to approval by Parliament.You will not have to pay or prove you have 5 years’ continuous residence.
What if I am under 21?
You will be able to apply for settled or pre-settled statusif you are:
an EU citizen
your parent, their spouse or their civil partner is an EU citizen
If your parent is eligible for settled status, you’ll be eligible even if:
you’ve lived in the UK for less than 5 years
you arrive in the UK after 31 December 2020
If your parent is not eligible for settled statusand you do not have 5 years’ continuous residence you’ll be eligible for pre-settled status.
If you do have 5 years’ continuous residence, you’ll be eligible for settled status even if your parent is not eligible for settled status.
Fees
The application fees will be:
£65 if you’re 16 or over
£32.50 if you’re under 16
It will be free to apply if:
you have indefinite leave to remain in or enter the UK and want to change this to settled status
you have a valid UK permanent residence document
you are applying from April 2019 to move from pre-settled status to settled status
you are a child in local authority care
For more information, please see: https://www.gov.uk/settled-status-eu-citizens-families
