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.
To qualify for the settled status. EU, EEA and Swiss citizens must have:
resided in the UK by 31 December 2020
no serious criminal record
lived in the UK for a continuous 5-year period, known as ‘continuous residence’.
What does continuous residence mean?
Continuous residence is the time the applicant has spent in the UK without gaps. The applicant can leave the UK during the continuous period for up to 180 days in any 12-months period. The exceptions are:
one period of up to 12 months for an important reason, such as childbirth, serious illness, study or an overseas work posting)
compulsory military service of any length
time spent abroad as a Crown servant, or as the family member of a Crown servant
time spent abroad in the armed forces, or as the family member of someone in the armed forces.
Conditions of Stay for Settled Residents and Their Rights.
The settled status is granted forever, meaning that successful applicants will not need to re-apply. However, they will lose their settled status if they leave the UK for a period of 5 years (4 years for Swiss citizens). The settled status can be lost for subsequent criminal offending.
Settled residents will enjoy the same rights to live, work, healthcare and welfare benefits as British citizens. After holding settled status for 12 months, individuals can apply for British citizenship. There are specific criteria to satisfy to become a British citizen, so the applicants are strongly advised to consult our immigration team
How to Apply for Settled Status and Fee.
The application is submitted online. It is free to apply.
This option is for candidates who have not lived in the UK for 5 years in a row, known as ‘continuous residence’.
To qualify for the pre-settled status. EU, EEA and Swiss citizens must have:
resided in the UK by 31 December 2020
no serious criminal record
lived in the UK for less than 5-years.
Conditions of Stay for Pre-Settled Residents and Their Rights.
The pre-settled status is granted for 5 years. However, the pre-settled residents will lose their status if they leave the UK for a period of two consecutive years or they commit subsequent criminal offending.
Pre-settled residents will enjoy the same rights to live, work and healthcare as British citizens, but the pre-settled status does not count as the ‘right to reside’ for the purposes of welfare benefits. Pre-settled residents can access benefits by showing their ‘right to reside’. For example, this can be done by being a worker.
Pre-settled residents will need to obtain settled status before applying for British citizenship.
Switching to Settled Status.
Pre-settled residents can apply to switch to settled status as soon as they have had 5 years’ continuous residence. The 5 years is counted from the day they first arrived in the UK, meaning that the applicant does not need to hold pre-settled status for 5 years to apply.
How to Apply for Settled and Pre-settled Status and Fee.
The applications are submitted online. It is free to apply. The decision is usually made within 5 working days.
The applicants can re=apply again at any time until 30 June 2021. They can also apply for an administrative review or appeal the decision.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
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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.
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:
A statutory demand is a request for the payment of outstanding debt.
If you have an undisputed amount due to you or to your business (e.g. an unpaid invoice) then you can file a form called statutory demand requesting a debtor to settle the debt.
A statutory demand is a kind of a warning from you to a debtor that the failure to repay the debt might result in the start of a procedure in the courts to make the debtor bankrupt. This form is often used as a legal tool to apply pressure on the debtor to ensure that they repay their debt.
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.