The EU settlement application deadline comes into effect on the 30th June 2021. It is very important that people who qualify under the scheme don’t miss the deadline.
From 30 June 2021 there will be no automatic right for EU citizens to live or work in the UK and EU.
From that date EU passport holders will be refused entry at the UK border if they can’t prove that they have permission to enter the UK. UK employers will no longer be able to use an EU passport to establish that a person has a right to work.
If an EU citizen living in the UK has not made a successful application under the scheme before the deadline, they can expect to be required to leave the UK, even if they have lived in the UK for many years.
What is the EU Settlement Scheme?
The EU Settlement Scheme has been designed to provide EU (and EEA) citizens living in the UK, as well as their eligible family members, the ability to retain their right to reside here in the UK. It is not automatic. EU citizens must make an application before the deadline in order to benefit from the scheme. There is no application fee involved. The Scheme gives a permanent right to live in the UK for those who have already lived in the UK more than 5 years. If the applicant has not yet lived in the UK for 5 years they will be given a temporary status called pre-settled status, which is valid for 5 years and will allow them to qualify for settled status in due course.
Permanent residence documents previously obtained by individuals under EU law cannot act as a substitute for applying under the scheme.
Those who have previously been given ‘Indefinite Leave to Remain’ under different schemes, possibly many years ago, may not strictly be required to apply but may find it very difficult in practice to prove that their ‘Indefinite Leave to Remain’ remains valid. As a result of this it is very important that all who are eligible under the scheme apply should they wish to protect their status.
Even though the deadline for applications is 31 June 2021, 1 January 2021 is a vital date in terms of understanding whether or not a person will qualify under the scheme.
EU nationals and family members who have been living in UK prior to 1 January 2021
If an EU/EEA national or their family member (who need not be from the EU/EEA) started living in the UK before 1 January 2021 (or, more, strictly 11 pm on 31 December 2020) they will qualify under the scheme.
EU nationals and family members who start living in the UK after 1 January 2021
EU nationals who arrived or will arrive to live in the UK after 1st January 2021 will not qualify under the scheme.
They will instead have to find another immigration route, for example, by applying for a “Skilled Worker” visa if they can find an employer to sponsor them.
Family members of an EU national who is resident in the UK can still move to the UK can and qualify under the scheme as long as the family relationship (e.g. marriage) commenced before 1 January 2021 and is still ongoing, and the EU national themselves began living in the UK before 1 January 2021.
Further advice
Whilst the general deadline for those who have not already applied is 30 June 2021 it is strongly advisable to apply as soon as possible.
We are advising individuals on how to apply under the scheme, if you would like to know more or you would like assistance with your own application, please do not hesitate to get in touch.
