Navigating the complexities of UK immigration law can be overwhelming, especially for EU citizens and their family members. With changes to the EU Settlement Scheme (EUSS), it’s essential to stay informed on the latest guidance from the Home Office. Our expert immigration team at our leading London law firm can guide you through these updates and ensure your EUSS application is handled with care.
Why Is Guidance on Travelling to the UK Under EUSS Necessary?
Since Brexit, the UK introduced the EU Settlement Scheme, requiring EU citizens and their family members to apply for UK immigration status. This was essential for securing legal residence post-Brexit, but the rules around entering and re-entering the UK, particularly for those with pending or late EUSS applications, can be confusing.
As of 15 July 2024, the Home Office issued new Border Force guidance detailing how individuals with granted or pending EUSS status should be treated at the UK border. This guidance clarifies important aspects, including what happens when someone with pre-settled status is suspected of no longer meeting the scheme’s requirements, and how late EUSS applications are handled. With these updates, it’s crucial to know how your status impacts your travel rights.
Our specialist immigration solicitors are on hand to provide expert advice, ensuring that you can navigate these complexities smoothly.
Travel Rights Once EUSS Status is Granted
Travel for Settled and Pre-Settled Status Holders
If you’ve been granted settled or pre-settled status, your travel rights differ significantly from those of visa holders. One of the key distinctions is that your status under the EUSS is entirely digital. It’s crucial to keep your UKVI account updated with any changes to your passport or EU national ID card. Failing to do so could lead to delays at the UK border, as Border Force officers may struggle to verify your status.
For those with settled status, travelling to and from the UK should generally be straightforward. However, individuals with pre-settled status may face additional scrutiny, particularly if there are concerns about their continuous residence in the UK. Border Force has the power to review your case if they suspect you’ve exceeded the allowable absences from the UK or if your relationship with an EU sponsor has ended.
At our London-based law firm, our expert immigration team can ensure your documents are in order before you travel and provide ongoing support to prevent any issues at the border.
Travelling with a Pending EUSS Application
If you have a pending EUSS application, you’ll be issued with a Certificate of Application. However, recent changes in Home Office guidance now advise against travelling while your application is being processed. Previously, the certificate allowed for relatively straightforward travel. Still, as of August 2024, the situation has become more complex.
According to the latest Border Force guidelines, pending applicants may need to present additional evidence to be allowed entry to the UK. This has raised concerns, especially for individuals who believed their right to travel was protected by the Withdrawal Agreement.
Given the uncertainty surrounding this issue, it’s advisable to consult with a specialist immigration solicitor before travelling with a pending EUSS application. Our expert immigration team can guide you through the necessary steps to avoid complications at the border.
Travelling as a Late EUSS Applicant
For EU citizens and their family members who missed the EUSS deadline but have legitimate reasons, it is still possible to apply late. However, the new guidance makes it clear that late applicants may face additional challenges when trying to enter the UK.
Without a Certificate of Application or another valid immigration status, late applicants may be refused entry unless compelling humanitarian reasons exist. Even with a pending application, there’s a risk of removal if your residence status is questioned.
Our leading London law firm is experienced in handling late EUSS applications and can help you demonstrate your eligibility, ensuring that you have the best chance of success.
How Our Leading London Law Firm Can Help
At our specialist immigration law firm, we provide expert legal support to EU citizens and their families under the EU Settlement Scheme. Our team of skilled immigration solicitors in London can:
- Assist with EUSS applications, including late submissions
- Offer guidance on travelling to the UK with pending or granted EUSS status
- Help resolve issues arising from pre-settled status or cancelled applications
- Provide ongoing legal support to prevent complications at the UK border
If you need assistance with your EUSS application or travel rights, contact our expert immigration team today for tailored advice.
Frequently Asked Questions (FAQ)
1. Can I travel to the UK with a pending EUSS application?
Yes, but you will need to provide additional evidence to demonstrate your eligibility to enter the UK. The recent Home Office guidance advises against travelling during this time, so it’s best to consult with an immigration solicitor.
2. What happens if I exceed the allowable absences with pre-settled status?
If you exceed the maximum absences permitted under pre-settled status, Border Force may challenge your status. It’s essential to maintain your continuous residence in the UK and seek legal advice if you’re concerned.
3. What should I do if my pre-settled status is challenged at the border?
If Border Force challenges your pre-settled status, they may refer your case for further investigation. You may need to present evidence of your residence in the UK. It’s crucial to have legal support in such cases to avoid complications.
4. Can I still apply to the EUSS if I missed the deadline?
Yes, but you will need to provide valid reasons for missing the deadline. Our immigration solicitors can help you build a strong case and submit a late application.
5. What documents do I need to link to my digital EUSS status?
Make sure your passport or EU national ID card is linked to your UKVI account. This helps Border Force quickly verify your status when you enter the UK.
Contact Us
For more personalised advice on your EUSS application or travel rights, contact our expert immigration solicitors today. Let us guide you through the process and ensure your rights are protected.