EU SETTLEMENT SCHEME
The EU Settlement Scheme allows European Union (EU), European Economic Area (EEA) and Swiss citizens, as well as their family members, to apply for settled or pre-settled status in the UK.
The scheme was launched in March 2019 and is designed to protect the rights of EU, EEA and Swiss citizens who were living in the UK before the end of the Brexit transition period on 31 December 2020.
WHAT IS THE EU SETTLEMENT SCHEME?
Under the scheme, EU, EEA and Swiss citizens who have lived in the UK for five years or more are eligible to apply for settled status. Settled status gives individuals the legal right to live and work in the UK indefinitely, as well as access to public services such as healthcare and education.
Those who have lived in the UK for less than five years can apply for pre-settled status, which allows them to stay in the UK for up to five years and apply for settled status once they have met the residency requirement.
Family members of EU, EEA and Swiss citizens are also eligible to apply for settled or pre-settled status, even if they are not EU, EEA or Swiss citizens themselves. This includes non-EU family members who hold a valid residence card or family permit issued under the current EU regulations.
WHAT IS THE FEE?
There is no application fee for applications under the EU Settlement Scheme is free of charge. It can be completed online or by post. Applicants need to provide proof of identity, residence in the UK, and their relationship to a qualifying EU, EEA or Swiss citizen.
IS IT TOO LATE TO APPLY?
The UK government set a deadline of 30 June 2021 for EU, EEA and Swiss citizens and their family members to apply for settled or pre-settled status under the Scheme. Those who did not apply by the deadline risk losing their right to live and work in the UK.
In some cases, you may still be able for apply after 30 June 2021, if you can demonstrate reasonable grounds (for example, medical reasons or being the victim of domestic abuse). You may also be able to apply after the deadline if you are joining a family member who was living in the UK by 31 December 2020, your deadline will be based on when you arrive in the UK, as long as:
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you were their family member by 31 December 2020 (this does not apply to children born or adopted after this date)
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the family relationship still exists when you apply.
If you did not apply under EU Settlement Scheme, your rights in the UK are not protected. This means you cannot access benefits and services (including free NHS healthcare), work or study in the UK, or rent a property in England.
REASONABLE GROUNDS FOR LATE APPLICATIONS
The more time that has passed since the deadline, the more difficult it will be to establish reasonable grounds.
Reasonable grounds may include circumstances where:
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your parent, guardian or local authority did not apply for you when you were a child and you have only recently been made aware of the need to apply
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you have a serious medical condition which prevented you from applying
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you lack the physical or mental capacity to apply
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you have significant, ongoing care or support needs
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you’ve been in an abusive or controlling relationship, or experienced domestic violence
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you came to the UK on a work or study visa and became eligible to apply to the EU Settlement Scheme while you were here
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another compelling practical or compassionate reason
You must provide sufficient information and evidence provided that, at the date of application, one or more of these reasonable grounds applied to you and directly resulted in the delay in making your application under the EU Settlement Scheme.
HOW LONG WILL IT TAKE TO GET A DECISION?
The current application processing time is approximately 1 month. If your application is deemed more complex, it may take considerably longer.
WHAT HAPPENS IF MY APPLICATION IS REFUSED?
If you made an application after the deadline and your reasons for the delay are not accepted by UKVI, your application will be rejected as invalid and you will not have a right to appeal or administrative review.
If you made an application is considered valid, but refused on eligibility or suitability grounds, you will usually have the right to challenge the decision by appeal or apply for an administrative review. The specific details, including how long you have to challenge the decision, will be provided in your refusal letter.
AUTOMATIC EXTENSION FOR PRE-SETTLED STATUS HOLDERS
From September 2023, people with pre-settled status under the Scheme will automatically have their status extended by 2 years before it expires, if they have not obtained settled status. The Home Office will reflect this in the person’s digital status, and they will be notified of the extension directly. This will ensure that nobody loses their immigration status if they do not apply to switch from pre-settled to settled status.
The Home Office also intends to take steps to automatically convert as many eligible pre-settled status holders as possible to settled status once they are eligible for it, without them needing to make an application. Throughout 2024-25, automated checks of a person's pre-settled status will establish their continuous residence in the UK.
HOW WE CAN HELP
Schengen visa applications can be very complex. It's particularly important to make sure you provide the right evidence for your trip. Mistakes can be expensive, time-consuming, and potentially serious enough to impact your travel plans. This means it is very important to have experts by your side who can make the process easier and give much needed confidence to make a strong application.
At Lace Law LLP, we offer comprehensive support throughout your schengen visa journey. From your initial consultation to the final decision, you will have a dedicated expert who will meticulously prepare your application, maintain regular communication, and promptly respond to any concerns along the way. We pride ourselves on this personal approach, which we feel not only provides a greater experience to you, but also increases the likelihood of a successful outcome.
Don't let the process be more stressful than it needs to be. Contact us today to have a dedicated partner by your side on your immigration journey.
