Further to our article earlier this week which in accordance with the Home Office’s EU Settlement Scheme Statement of Intent explains what the new EEA Settlement Scheme is and who is eligible to apply, the Home Office has also released details of family members who are eligible to apply under the scheme as well as the process for making a valid application. For assistance in preparing and submitting s settled status application under the EEA Settlement Scheme, contact our Immigration Team to schedule an initial consultation to assess your circumstances.
Which Family Members of EU Nationals be Eligible to apply for Settled Status under the EEA Settlement Scheme?
Family members of EU nationals resident in the UK by the end of the implementation period on 31 December 2020 will also be eligible to apply for Settled Status under the EEA Settlement Scheme. Applications that are made by families at the same time will be considered together. The scheme is also open to family members who are resident overseas on 31 December 2020. A family member refers to the spouse, civil partner, durable partner, dependent child or grandchild or dependent parent of an EU national. These relationships must have formed by 31 December 2020.
Family members can retain their rights of residence in the UK if their relationship with their EU national family member has ended under the Free Movement Directive 2004/38/EC. Therefore, under the EEA Settlement Scheme, non-EU national family members will also be able to apply for Settled Status if their EU family member has died, or if they have ceased being a family member by way of termination of the marriage or civil partnership if the EU family member was continuously resident in the UK by 31 December 2020.
A non-EU national family member of a British citizen who is lawfully resident in the UK by 31 December 2020 by virtue of the Surinder Singh route under regulation 9 of the EEA Regulations will also be eligible to apply under the Settled Status Scheme.
What will the Application Process be for making a Settled Status Application under the EEA Settlement Scheme?
Reports from the Home Office have emphasised that the application process for making a Settled Status Application under the EEA Settlement Scheme will be “straightforward and streamlined” and will be available from later this year. The process, where possible, will help the Applicant to demonstrate their 5 years continuous and lawful residence in the UK on an automated basis by using data held from HMRC and eventually also the DWP. This means that Applicants will not need to provide the documentary evidence themselves. The only instances where Applicants will need to provide the necessary documentary evidence to demonstrate their 5 years lawful residence in the UK is when the HMRC and DWP data does not show 5 years residence.
EU nationals and their non-EU family members will need to satisfy the following 4 requirements in order to submit a valid Settled Status Application under the EEA Settlement Scheme:
- The application will be completed using a digital application process from inside the UK. However, the Home Office Statement of Intent does mention that it is considering the scope for overseas applications and more information will, therefore, be provided in due course.
- Settled Status Applicants will need to pay the required fee for the application under the EEA Settlement Scheme. It is proposed that this fee will be the same as the current fee for a document certifying Permanent Residence, which is £65 for Applicants over the age of 16 and £32.50 for anyone under the age of 16. There will be no application fee for those who have previously been issued a document certifying Permanent Residence, providing that it has not lapsed or been lost.
- Applicants will need to provide proof of identity and nationality. For EU nationals this can be a valid passport or national identity card. For non-EU nationals, this can be a valid passport, valid biometric residence card issued under the EEA Regulations or a valid biometric residence permit (BRP).
- Applicants will then be required to enrol their facial image so that the Home Office can compare with the Applicants’ ID document. Any non-EU family member who has not previously given their biometric information (facial image and fingerprints) for the purpose of being issued a biometric residence card under the EEA Regulations will need to attend an appointment at a Home Office application centre in order to do so.
Settled Status Applicants will not be required to pay the Immigration Health Surcharge.
Using Legal Representation to Prepare a Settled Status Application under the EEA Settlement Scheme
Legal representatives, such as our specialist immigration and visa law firm, are qualified to advise you on immigration law and your immigration status. It is possible to instruct an immigration and visa legal representative to submit a Settled Status Application under the EE Settlement Scheme.
Caseworkers at the Home Office are trained to reject applications which are improperly prepared, for example by failing to provide the correct supporting evidence. In order to ensure your Settled Status Application under the EEA Settlement Scheme succeeds, all necessary documents must be provided.
This can be a significant administrative task and you will need to submit the correct documentary evidence. The UK Immigration Rules are complex and a legal representative can help ensure that your Settled Status Application under the EEA Settlement Scheme meets the Immigration Rules.
Successful Settled Status Applications under the EEA Settlement Scheme
Our team of solicitors and barristers are specialist immigration lawyers who act in your best interest. We offer a client-tailored approach from the outset. From the very first meeting, we will be able to advise you in respect of your immigration status and the merit of your Settled Status Application under the EEA Settlement Scheme before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your Settled Status Application under the EEA Settlement Scheme and ensure that you meet all the requirements of the relevant rules.
We are based in the legal epicentre of London, just across the road from the Royal Courts of Justice in order to ensure we get the best results for our clients. LEXVISA is just minutes away from the Immigration and Asylum Tribunal, the Royal Courts of Justice and other central London courts.
Preparation is the key to a successful Settled Status Application under the EEA Settlement Scheme. Our UK immigration and visa solicitors are here to guide you through the complex immigration rules and requirements. If you wish to meet one of our lawyers, please call our Immigration Team so we can assess your case and arrange your legal consultation to discuss your Settled Status Application under the EEA Settlement Scheme.
Contact our London immigration solicitors on 02071830570 or complete our contact form.