In 2016 the United Kingdom voted to leave the European Union in a historic referendum. This led not only to significant political and economic changes but also challenged the well-established EU-UK freedom of movement.
Freedom of movement of people is a paramount part of the EU immigration policy. In 2016, more than 2.9 million EU nationals lived in the UK, while 2.5 of those people were employed. Such integrity of the UK and EU labour market contributed to both economies and promoted diversity.
The UK government has always recognised the importance of the free movement of EU nationals. As a result, following Brexit, the UK introduced the European Union Settlement Scheme, which allows EU/EEA/Swiss citizens and their family members to continue living in the UK without disruption of their career and private life.
To meet the requirements, the applicant needs to be either:
From the EU, Switzerland, Norway, Iceland or Liechtenstein and they started living in the UK by 31 December 2020
The family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who started living in the UK by 31 December 2020
The applicant can also be eligible if they used to have a family member from the EU/EEA/Switzerland who started living in the UK by 31 December 2020 or the applicant is the family member of a British citizen who lived in the EU/EEA/Switzerland and they have lived with them in that country by 31 December 2020. The family member of a ‘frontier worker’ and the family members of a person who is exempt from immigration control are also eligible. Additionally, children in education whose parents are from EU/EEA/Switzerland who used to live and work in the UK can apply for the EUSS as well.
How to Apply.
The deadline for application was 30 June 2021. However, the individual can apply after 30 June 2021 if they were a family member of an EU/EEA/Swiss national living in the UK by 31 December 2020 and the family relationship still exists. The individual can also apply, if they show ‘reasonable grounds, such as medical reasons or being the victim of domestic abuse, for why they did not apply by 30 June 2021. It is free to apply for the EUSS.CONSULTATION
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If EU, EEA and Swiss citizens apply to the EU Settlement Scheme successfully, they will be able to continue living and working in the UK after 30 June 2021. They will be given either settled or pre-settled status.More information
The European Union Settlement Scheme (EUSS) family permit allows an eligible non-EEA citizen to join or accompany an EEA or Swiss national with pre-settled or settled status in the UK.More information
The very strong idea that fundamental human rights must be cherished, and that only the law may take it away, is one that has been prevalent in British courts for centuries.More information
The Immigration (European Economic Area) Regulations 2016 allows certain family members of EU, EEA or Swiss nationals who are already living in the UK to retain their right of residence in certain circumstances.More information
Our immigration team achieved great success in representing a client in her appeal against the Home Office’s decision to refuse issuance of the Residence Card as an extended family member of an EEA national.
Our client, a Ukrainian national entered the UK as a Family Permit holder and was residing in the UK as an extended family member of an EEA national (her father-in-law was Portuguese). Our client lived with her husband and son, whose residence in the UK was also dependent on the same EEA national.
If you have been granted indefinite leave to remain (ILR) in the past few years, you will probably have been issued with a Biometric Residence Permit (BRP) with an expiry date of 31 December 2024.
From 1 January 2020, applicants who are granted five years limited leave to remain have also started to receive BRP’s endorsed with an expiry date of 31 December 2024.
Excellent news; adult dependent relative appeal allowed by the First-tier Tribunal (Immigration and Asylum Chamber)!
Our client, an Indian national, came to the UK with her husband lawfully to visit their son and grandchildren, who are British nationals. Sadly, her husband passed away suddenly while they were in the UK. Our client had a history of dementia with Parkinson’s disease along with anxiety and depression, which made her return to India unachievable.
Sterling Law has successfully challenged a decision by Student Finance England to refuse a student loan to a settled non-EU national because it was not believed that he met the lawful residence requirements.
In the recent case of Topadar v Secretary of State for the Home Department  EWCA Civ 1525 the Court of Appeal examined two questions:
At what point is an immigration application decided by the Home Office?
Is it procedurally unfair for the Home Office to refuse an application due to the applicant’s sponsor (i.e. their employer) failing to provide additional information (without the applicant ever being made aware of the request)?
The Court of Appeal decided:
Our client, a non-EEA national, initially obtained a residence card as the spouse of an EEA national. Our client subsequently divorced from his EEA national spouse and obtained a residence card under the Retained Rights route. The client then applied for permanent residence, which was refused and a subsequent appeal was dismissed by First-Tier Tribunal as the Judge wrongly thought the client needed to be a qualified person, not his EEA national spouse during the time their marriage lasted. Permission to appeal on this basis was granted.