Home Office Update: EU Settlement Scheme

The Home Office published a Statement of Intent last Thursday in relation to the EU Settlement Scheme. The Statement of Intent sets out the basis of the EU Settlement Scheme, which will enable EU citizens and their family members who are resident in the UK, to continue living here permanently once the UK has left the EU.

What is the new Home Office EU Settlement Scheme update?

The Home Office has published further details of its EU Settlement Scheme which provides vital information on the rights of EU citizens in the UK post-Brexit. EU citizens will be able to continue to live and work in the UK permanently and have access to healthcare, work arrangements and access to benefits will continue. Their existing close family members currently living outside the UK will be able to join them here in future in the same way as they can now.

Caroline Nokes, the current Immigration Minister, said in the House of Commons last Thursday that the Statement of Intent for the EU Settlement Scheme will “…provide the basis for EU citizens resident here, and their family members to obtain their new UK immigration status, consistent with the draft withdrawal agreement”. EU citizens who have lived in the UK continuously for 5 years will be eligible for EU Settlement Status. Those who have lived in the UK for less than 5 years will be granted pre-settled status until they have reached the 5 years. Applicants for EU Settlement Status must satisfy the following 3 requirements:

  1. Prove their identity;
  2. Demonstrate that they are resident in the UK; and
  3. Declare that they have no serious criminal convictions.

The EU Settlement Scheme will be fully open by 30 March 2019 and will begin to be phased in later this year. It is said that the deadline for applications made under this scheme will be 30 June 2021. It has also been confirmed that Applicants under the new scheme will have to pay a £65 fee to the Home Office for Applicants over the age of 16 and £32.50 for Applicants under the age of 16. Though who already have a document certifying permanent residence in the UK will be able to convert their document to settled status free of charge.

What are the current Permanent Residence requirements under the EEA Regulations?

Applicants can apply for an EEA Document Certifying Permanent Residence in the United Kingdom if they can satisfy the requirements listed under the EEA Regulations 2016. The most important requirements are listed below:

  • You must be a national of an EEA Country;
  • You must be able to show that you are a qualified person under the EEA Regulations. This requirement can be fulfilled by showing the exercise of treaty rights or self-sufficiency;
  • You must be able to provide evidence that you have been residing in the United Kingdom for a continuous period of 5 years; and
  • You must not have excess absences from the United Kingdom unless there are exceptional and compelling circumstances surrounding the absences. It is possible to make submissions to the Home Office explaining the absences.

Using Legal Representation to make a visa application under the EU 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 an application under the EU 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 application under the EU 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 application under the EU Settlement Scheme meets the requirements.

Successful visa applications under the EU 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 application under the EU 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 application under the EU 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 a successful application under the EU 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.

Contact our London immigration solicitors on 02071830570 or complete our contact form.

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