Since Brexit, the UK is no longer part of the EU and free movement has ended. The previous EEA Regulations have been repealed and replaced with Appendix EU of the Immigration Rules.
It confirms that all those from the EU, Switzerland, Norway, Iceland or Liechtenstein, and their family members may be able to apply to the EU Settlement Scheme to continue living in the UK beyond 30 June 2021. It may also apply to the family member of an eligible person of Northern Ireland.
In order to be successful, the applicant or family member would normally have had to show that they were living in the UK on Brexit day, namely 31 Dec 2020.
The deadline for most people to apply to the EU Settlement Scheme has was 30 June 2021. This deadline does not apply if you already have pre-settled status and you’re applying for settled status. You must also either:
- meet one of the criteria for a later deadline to apply
- have ‘reasonable grounds’ for why you’re applying now, and not by the deadline or in the time since the deadline passed. New, stricter Home Office guidance has been issued on what counts as reasonable grounds for making a late application
The test that Home Office caseworkers are required to apply under the guidance remains whether, ‘on the balance of probabilities and based on all the information and evidence provided by the applicant or otherwise available’, they are satisfied that ‘at the date of application, there are reasonable grounds for the person’s delay in making their application under the EU Settlement Scheme’.
The Home Office guidance also suggests that certain circumstances are now unlikely to be accepted as reasonable grounds for making a late application to the Scheme.
These include:
Lack of awareness of the EU Settlement Scheme;
Lack of internet access or having limited computer skills;
Having limited English language skills;
Having been hampered in accessing application support by restrictions related to the COVID-19 pandemic;
General personal circumstances such as work or study commitments.
However, the guidance does note that ‘every case must be considered in light of its particular circumstances and the evidence provided’.
If an applicant already registered and were granted pre-settled status, such person can usually apply for settled status after living continuously in the UK for 5 years by making a new application to the scheme to switch from pre-settled status to settled status, or the right to live in the UK permanently. An applicant can usually apply for British citizenship once such a person had settled status for 12 months.
What we can do for you:
For any advice or application in relation to securing your right to be in the UK, please contact our team who have many years experience in helping hundreds of EU nationals securing their right to be in the UK and helping bringing their family to join them in the UK.
Please call our immigration experts on 0808 166 8831 or email Andre or Melissa at a.minnaar@sydneymitchell.co.uk or m.southall@sydneyneymitchell.co.uk and we will get in touch with you. As an alternative, you can also complete our online enquiry form.
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