The EU Settlement Scheme (EUSS) has brought significant changes to the rights of EU citizens and their family members when travelling to and from the UK. This article delves into the latest Border Force guidance issued in 2024 on how individuals with EUSS status or pending applications should be treated at the UK border. We will also explore the complexities surrounding pending applications, family members, and those who may be eligible to apply but have yet to do so.
DJF Lexvisa Solicitors, a leading London-based law firm, has vast expertise in UK immigration law, particularly EUSS applications. If you need help with navigating the complex rules surrounding the EUSS, our skilled team can provide you with professional advice and support for your application and status queries.
What is the EU Settlement Scheme (EUSS)?
The EUSS was introduced following Brexit to allow EU, EEA, and Swiss citizens and their family members to continue residing legally in the UK after the end of the Brexit transition period on 31 December 2020. The scheme allows applicants to secure either pre-settled or settled status, depending on the length of their residency in the UK.
The deadline for most applications was 30 June 2021, but late applications may still be accepted where reasonable grounds for missing the deadline exist. It is essential for those eligible to apply promptly to avoid any disruption to their immigration status.
Why is Border Force Guidance Important?
The guidance published by the Home Office in July and updated in September 2024 is crucial as it provides clear instructions for how Border Force should treat individuals with EUSS status, pending applications, and those who may still be eligible to apply. The rules surrounding travel for individuals under the EUSS are often misunderstood, creating a complicated situation at the border.
This updated guidance addresses several key aspects, including:
– How EU citizens and their family members with EUSS status should be treated.
– The handling of those with pending EUSS applications.
– The approach to late EUSS applications.
– The specific rights of joining and sponsored family members.
Given the complexity of these provisions, it is advisable to seek legal advice from experienced immigration solicitors, such as DJF Lexvisa Solicitors, when travelling under the EUSS.
Travelling with Granted EUSS Status
Once you have been granted settled or pre-settled status under the EUSS, your immigration status is held digitally, which means it is essential to ensure your UK Visas and Immigration (UKVI) account is up-to-date with your current travel document (either your passport or national ID card). Failure to update your UKVI account could result in delays at the border as Border Force officers may not immediately be able to verify your status.
Settled status holders should not typically face issues crossing the UK border, provided their travel document is linked to their digital status. However, pre-settled status holders may be subject to more scrutiny, particularly if there are questions surrounding their continuity of residence or family relationships, both of which are required to maintain pre-settled status.
In extreme cases, Border Force may cancel pre-settled status if it is found that the individual has not met the conditions of their leave. This includes scenarios where:
– The individual has broken their continuous residence by spending extended periods outside the UK.
– A family relationship, which forms the basis of their EUSS application, has ended without a retained right of residence.
Border Force officers are instructed to refer unclear cases to the Status Review Unit (SRU) for further investigation before making any decisions. However, individuals who lose their status at the border will have the right to appeal from outside the UK.
Travelling with a Certificate of Application
Individuals with pending EUSS applications are issued a Certificate of Application, which grants them temporary protection rights under the Withdrawal Agreement while their application is processed. This protection also extends to individuals awaiting the outcome of an appeal.
Previously, the guidance allowed individuals with a Certificate of Application to travel freely in and out of the UK. However, the updated guidance now advises against travel, citing that those with pending applications should not rely solely on the Certificate of Application to re-enter the UK. Instead, they may need to provide additional evidence, making travel potentially risky.
If you hold a Certificate of Application and are planning to travel, it is crucial to obtain legal advice to ensure that you have the right documentation to avoid being refused re-entry to the UK. DJF Lexvisa Solicitors can provide detailed advice based on your specific situation and help you minimise the risk of travel disruptions.
Who May Still Be Eligible to Apply?
Late applications to the EUSS can still be accepted, provided the applicant can demonstrate good reasons for missing the original deadline. For those who have yet to apply but believe they may be eligible, the Border Force guidance indicates that there is no automatic right to enter the UK to make a late application. This can create significant challenges for those travelling to the UK who may not yet have made an EUSS application but have valid reasons for doing so.
In exceptional circumstances, Border Force officers may grant entry outside of the rules for individuals who have compelling and compassionate reasons, such as vulnerable individuals or children whose parents have already applied under the EUSS. However, this is discretionary, and the guidance specifically excludes certain individuals, such as those with unexpired documents under the old EEA Regulations 2016, from using this route to make a late application.
To avoid any complications at the border, it is essential to seek expert legal guidance if you believe you are eligible for the EUSS but have yet to apply.
Why Choose DJF Lexvisa Solicitors for Your EUSS Application?
Navigating the complexities of the EU Settlement Scheme can be a daunting task, especially with the updated rules on travel, late applications, and the cancellation of pre-settled status. DJF Lexvisa Solicitors, a leading London-based law firm specialising in UK immigration law, has the expertise and experience necessary to guide you through the process.
Our team of skilled solicitors offers tailored advice on every aspect of the EUSS, from initial applications to appealing decisions or providing assistance with Certificates of Application. We understand the intricacies of the Withdrawal Agreement and can provide you with the best possible legal representation to protect your rights under the scheme.
At DJF Lexvisa Solicitors, we are committed to delivering the highest standard of legal service, ensuring that your application is handled with care and precision. Contact us today for expert assistance with your EU Settlement Scheme application and ensure you are well-prepared for any travel or residency issues.
Conclusion
The EU Settlement Scheme remains a vital route for EU citizens and their family members to continue living in the UK post-Brexit. The updated Border Force guidance on travelling with EUSS status or a pending application highlights the complexity of these rules, particularly regarding pre-settled status holders and late applicants.
Given the intricacies of the scheme, and the potential for travel-related disruptions, it is essential to seek expert advice. DJF Lexvisa Solicitors are here to assist you with every step of your EUSS journey, ensuring your rights are fully protected. Contact us today for tailored advice and support on your immigration status.