EU Settlement Scheme

New Immigration rules confirm that from September 2023 people with "pre-settled status" under the EU Settlement Scheme (EUSS) will automatically have their status extended by 2 years before it expires if they have not obtained "settled status".

This will ensure that nobody looses their immigration status if they do not apply to switch from "pre-settled" to "settled".

The definition of "dependant relative" under the Appendix EU in amended to provide for the adult child of a durable partner. They will continue to qualify under the Scheme if previously granted leave in this category when under 18 years old.

‍

Absences

The starting point is that EU nationals and their family members will qualify for settled status after completing a continuous period of 5 years in the United Kingdom. Those living in the United Kingdom for less then 5 years qualify for pre-settled status instead.

Continuous qualifying period is a period of residence that began before 30 December 2020 and which has not been broken by one of the following events:

1) Absence (s) from the United Kingdom a total of 6 months in any 12 months period, subject to some exceptions;

2) Prison sentence

3) Deportation, exclusion or removal decision or order

‍

What to do, if you missed the deadline for applying under EU Settlement Scheme?

If you missed the deadline, you must provide valid reasons for applying after the deadline - 30 June 2021. Not all reasons will be accepted due to recent updates in the guidance, as some have been removed or restricted.

It's crucial to provide accurate evidence for your late submission because the Home Office is taking a stringent approach toward applicants who fail to do so. If the Secretary of State determines that there are no valid reasons for the delay, the application will be rejected without the right to appeal or administrative review. Depending on your circumstances, you need to assess whether you entered the United Kingdom before December 30, 2020 (or, for family immigration cases, whether your relationship began before this date or if your marriage was registered prior to December 30, 2020).

‍

How to bring parents under the EU Settlement Scheme and other Dependant relatives?

If you wish for your parents to join you in the United Kingdom under the Scheme, you will be required to satisfy the Home Office that due to age, financial or emotional or other dependency, your parent requires your support. Assessment of personal circumstance and evidences are paramount in these applications.

Our team has an extensive experience and high success rates in winning those types of applications, therefore, if you wish to assess your case and individual circumstances, please complete our contact form and one of our lawyers will be able to contact you.