Under current legislation and because of the free movement of people, EU nationals and their family members can come to the UK without a visa, and remain here if they can demonstrate they are exercising Treaty Rights in the UK. After 5 years of continuous residence in the UK, these people may then qualify for permanent residence and subsequent citizenship in the UK. However, this will all change once the UK (eventually) leave the UK, if at all. Whilst the Brexit deal is still very much up in the air, the Home Office has launched the EU Settled Status Scheme to allow EU nationals and their family members the right to continued residence in the UK. The uncertainty of Brexit can be daunting; however, our specialist immigration team can assist with any European applications to enter or remain in the UK and would be happy to arrange a consultation with our solicitors to discuss all available options in more detail.
What is the EU Settled Status Scheme?
The EU Settled Status Scheme allows EU nationals and their family members to live in the UK post-Brexit. Applicants will need to provide proof of identity and residence in the UK, unless they already have a valid permanent residence document or ILR in the UK, in order to apply for EEA Settled Status. Applicants who have not been in the UK for 5 years will be granted Pre-Settled Status until they reach 5 years when they can then change it to Settled Status. Applicants may be asked to provide evidence that they have been living in the UK if they are unable to confirm this through an automated check of UK tax and some benefits records. Applicants will also be asked about their criminal history and will be checked against the UK’s crime database. The Home Office website states that Applicants “may still get settled or pre-settled status even if you have other convictions. This will be judged on a case-by-case basis.”
The EU Settled Status Scheme is now open and the deadline for Applicants to apply is 30 June 2021, or 31 December 2020 if the UK leaves the EU without a deal. Applicants will still need to apply for settled status even if they have a registration certificate or permanent residence document. There is no Home Office fee for EU Settled Status or Pre-Settled Status applications.
Can I still make an Application under the current EEA Regulations?
EU nationals and their family members can still apply for status documents under the current EEA Regulations and once there is more certainty surrounding the outcome of Brexit, then can simply convert their document under the EU Settled Status Scheme.
Currently, if an EEA national or their family member has 5 years lawful residence in the UK; they are eligible to apply for a document certifying permanent residence or a permanent residence card respectively. EEA nationals and their family members who have been in the UK for less than 5 years are granted either a registration certificate or residence card. Whilst it is not necessary to have either of these documents to show proof of residence in the UK, it can be easier when trying to re-enter the country or for employment purposes. Extended family members of EEA nationals, on the other hand, are required to apply for a residence card to prove their status in the UK.
How can LEXVISA assist with making an Application as an EEA national or a Family Member of an EEA National?
LEXVISA Immigration Solicitors London a vast amount of experience and high success rate on EEA and family based applications. We offer a bespoke service to our clients which includes tailored advice, comprehensive document reviews and detailed legal representations accompanying the application which we prepare and submit. Our experienced solicitors have years of practical knowledge when it comes to preparing applications under the EEA Regulations as and understanding the comprehensive range of documents that the Home Office requires to make a timely decision on the application.
Using Legal Representation to apply under the EU Settled Status 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 an application under the EU Settled Status 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 EU Settled Status application 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 application under the EU Settled Status Scheme meets the relevant rules.
Successful applications under the EU Settled Status 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 EU Settled Status application before your matter even reaches the Home Office UK Visa & Immigration department. We can assist you with the preparation and submission of your EU Settled Status application 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 application under the EU Settled Status 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.
Contact our London immigration solicitors on 02071830570 or complete our contact form.