Settled Status for EU Citizens and Family Members in the UK after Brexit

Today, the Home Secretary, Sajid Javid announced more details on the settled status for the EU citizens and their family members. In the official electronic notification, the Home Secretary stated that safeguarding the rights of EU citizens in the UK has always been the first priority and the agreement reached with the EU earlier this year did just that. The rights that EU citizens and their families currently have are protected which include access to healthcare, benefits and pensions.

Away from the negotiations, my team in the Home Office have been working hard to develop the service that you’ll use to get your settled status. This work will continue as we make sure that the system and processes are rigorously tested and meet every requirement ahead of the launch. Sajid Javid

According to the statement, the scheme will open later this year and the Home Office is on track to open the scheme fully by 30 March 2019. The deadline for applications to the scheme will be 30 June 2021.

More details of the suggested scheme including overview, eligibility requirements and application process have been released on the government’s website.

Settled Status Scheme for EU citizens and their family members living in the UK

The scheme will open fully by March 2019. The deadline for applying will be 30 June 2021. You may be able to apply after this date if you’re joining a family member in the UK.

Rights for citizens of Norway, Iceland, Liechtenstein and Switzerland are still being negotiated.

Getting settled status means you can continue to live and work in the UK for as long as you like. It will mean you’re eligible for:

  • public services, such as healthcare and schools
  • public funds and pensions
  • British citizenship, if you meet the requirements

Full details of the scheme are still subject to approval by Parliament.

Eligibility

To be eligible for settled status, you’ll need to:

  • be an EU citizen, or a family member of an EU citizen
  • have been living in the UK continuously for 5 years (‘continuous residence’)
  • have started living in the UK by 31 December 2020

If you’ve lived in the UK for less than 5 years, you’ll generally be eligible for ‘pre-settled status’ instead.

If you’re a non-EU citizen, you will need to show your relationship to an  EU citizen living here.

Continuous residence

Continuous residence means you’ve been in the UK for at least 6 months in each of those 5 years, except for:

  • one period of up to 12 months for an important reason (for example, to work or study)
  • compulsory military service

If you will not have 5 years’ continuous residence when you apply

You’ll generally get ‘pre-settled status’ instead. Pre-settled status means you can stay in the UK for a further 5 years. You can live and work here, and will have access to public funds and services on the same basis as you do now.

Once you have 5 years’ continuous residence you can apply for settled status.

Applying for settled status

The scheme will open fully by March 2019.

The deadline for applying will be 30 June 2021. You may be able to apply after this date if you’re joining a family member in the UK.

The application form will be online. You’ll be able to get support over the phone or in person if you need help doing things online.

Necessary Documents

When you apply, you’ll need proof of:

  • your identity
  • your residence in the UK, unless you have a valid permanent residence document or valid indefinite leave to remain
  • your relationship to a family member from the EU living in the UK, if you’re from outside the EU

Fees

The fee to apply (subject to approval by Parliament) will be:

  • £65 if you’re 16 or over
  • £32.50 if you’re under 16

It’ll be free to apply if:

  • you already have valid indefinite leave to remain or a valid permanent residence document
  • you’re applying to move from pre-settled status to settled status
  • you’re a child in local authority care

There will be support for the vulnerable and those without access to a computer.

Legal Assistance

 

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For expert advice and assistance in relation to your particular case and relevant immigration law requirements, please contact our immigration lawyers on tel. +44(0)20 7822 8535, mobile: 07305848477 or by e-mail: contact@sterling-law.co.uk or via our online appointment booking form.