The EU Settlement Scheme (EUSS) has provided EU citizens and their family members the opportunity to secure their rights to live and work in the UK post-Brexit. However, the rules surrounding pre-settled status are more complex than they may seem. While the Home Office offers some flexibility in granting status, it also retains the discretionary power to curtail (cancel) pre-settled status if an individual no longer meets the EUSS requirements. In this article, we’ll explore the intricacies of pre-settled status curtailment, the triggers for a review, and what individuals can do to protect their status.
Given the complexity and urgency of responding to a ‘minded to curtail’ notification, it is crucial to present the strongest possible case. This is where DJF Lexvisa Solicitors excels. Our expertise in the EU Settlement Scheme ensures that we can effectively prepare and submit applications, increasing the likelihood of a successful outcome. We understand the nuances of the EUSS and can provide tailored advice and support, making sure all necessary documents are compiled accurately and promptly.
Background: Understanding the Curtailment Process
Under paragraph A3.4(c) of Annex 3 of Appendix EU, the Home Office has the authority to curtail pre-settled status when an individual ceases to meet the eligibility requirements. This is a discretionary power, meaning the Home Office is not obliged to curtail pre-settled status but may choose to do so if it deems it ‘proportionate’. The decision-making process is managed by the Status Review Unit, which may review cases where individuals no longer meet the EUSS requirements, such as those related to relationship breakdowns or non-compliance with residency requirements.
Although the Home Office can curtail status for reasons such as the use of deception during the application process, this article focuses on cases where curtailment occurs due to an individual ceasing to meet the rules of the EUSS.
Who Is at Risk of Curtailment?
According to the current policy, certain groups are more likely to be targeted for status curtailment under the EUSS. These include:
1. Spouses of EU Citizens: Individuals granted pre-settled status due to a marriage with an EU citizen may face curtailment if their marriage ends in divorce.
2. Unmarried Partners of EU Citizens: Those granted pre-settled status based on a partnership that has since ended may also be at risk of losing their status.
Impact on Victims of Domestic Abuse
The curtailment policy has raised concerns, particularly regarding its impact on victims of domestic abuse. Rights of Women, an organisation that supports victims of domestic abuse, has highlighted the disproportionate effect the curtailment of pre-settled status could have on this vulnerable group.
Residency and Curtailment
At present, the Home Office has not yet implemented policies to curtail the pre-settled status of EU citizens who have broken their continuity of residence by spending extended periods outside the UK. However, this could change in the future, so it’s crucial for individuals to remain informed about potential policy updates.
Triggers for a Status Review
The Home Office needs to be notified of changes in an individual’s circumstances in order to review their status. Two primary factors can trigger a review:
1. Notifications from Individuals or Sponsors: Either the pre-settled status holder or their sponsor can inform the Home Office about the end of a marriage or partnership. While there is no legal obligation to notify the Home Office, sponsors often do so in an attempt to have their former partner’s status revoked.
2. Referrals by Home Office Caseworkers: Caseworkers can refer cases to the Status Review Unit if they believe an individual no longer satisfies the EUSS rules. This may occur if a pre-settled status holder applies for a settled status upgrade or another type of immigration application.
Automatic Extensions and Status Reviews
The Home Office has recently clarified that the automatic extension of pre-settled status does not currently trigger a status review. However, it remains to be seen whether this policy will change in the future.
What to Do After a Relationship Breakdown
If your pre-settled status was granted based on a family relationship, and that relationship has ended, it is essential to seek immigration advice. Here are some key tips to bear in mind:
– Seek Immigration Advice: If your relationship has ended, especially in cases of divorce, it’s crucial to get immigration advice. This is particularly important for victims of domestic abuse, as there are specific provisions under the EUSS rules (known as ‘retained rights’) that may allow individuals to keep their status.
– Keep Your UKVI Account Updated: Make sure your contact details are up to date in your UKVI account. The Home Office will notify you of any changes to your status via email, and missing such notifications could result in the curtailment of your status without your knowledge.
– Consider Making a Repeat Application: While it’s not mandatory to apply to the EUSS again after a divorce or relationship breakdown, some individuals choose to make a repeat application. This can serve to reaffirm your eligibility under the EUSS rules and may help minimise the risk of curtailment. For vulnerable individuals, this can also provide an opportunity for support workers to assist in gathering relevant evidence.
Responding to a Status Review
If the Home Office begins reviewing your pre-settled status, you may be asked to provide additional information or evidence. This request will typically come via email, and the Home Office often allows only 14 days to respond. In such cases, it’s crucial to act swiftly:
– Request More Time if Needed: If you need more than 14 days to gather evidence, don’t hesitate to ask the Home Office for an extension. Given the tight timeframe, vulnerable individuals may find themselves in a difficult position, and it’s essential that they are given adequate time to respond.
– Provide Relevant Evidence: If you still meet the EUSS requirements, provide the necessary evidence to the Home Office. Even if you no longer meet the requirements, you should submit any information that might explain why it would not be proportionate to curtail your pre-settled status.
Right to Appeal
If the Home Office decides to curtail your pre-settled status, you have the right to appeal. You must file the appeal within 14 days of receiving the decision. As long as you appeal within the timeframe, you will retain your rights and status during the appeals process.
Conclusion: Protecting Your Pre-settled Status
The curtailment of pre-settled status under the EU Settlement Scheme is a complex issue, particularly for individuals whose status is linked to family relationships. If you are affected by these rules, it’s crucial to seek legal advice and take proactive steps to ensure your status is protected. Whether through updating your UKVI account, making a repeat application, or responding to a Home Office review, staying informed and prepared is key to maintaining your pre-settled status under the EUSS. To navigate these complexities and ensure your rights are protected, it is essential to seek professional legal advice.
DJF Lexvisa Solicitors is dedicated to assisting clients with their EU Settlement Scheme applications. By instructing our firm, you benefit from our extensive experience and thorough understanding of the EUSS, ensuring your application is prepared and submitted effectively. Don’t leave your status to chance, Contact DJF Lexvisa solicitors today for your free consultation or call us on 02030110276 —secure your future in the UK with our expert legal support.