EU Settlement Scheme & EEA Applications

What is the EU Settlement Scheme?

Eligible people who have completed a continuous 5-year period of qualifying residence in the UK will be granted indefinite leave to remain in the UK, also known as Settled Status. If you are not eligible for Settled Status under the EU Settlement Scheme solely because you have not completed a continuous qualifying period of residence of at least 5 years then you will be granted Pre-Settled Status.

The EU Settlement Scheme is also open to joining family members, who have an EU, EEA or Swiss relative who started living in the UK by 31 December 2020 where the relevant relationship was formed prior to this date and continues to exist at the date of application. They will generally first have to apply for an EU Settlement Scheme Family Permit to enter the UK and must then apply for Pre-Settled Status to remain living in the UK. After a continuous period of 5 years with Pre-Settled Status, they might then be able to apply for Settled Status.

Deadline for applying to the EU Settlement Scheme

The deadline for making an application to the EU Settlement Scheme for EEA nationals and their family members who were residents in the UK prior to 31 December 2020 was 30 June 2021. Those who were not yet eligible for Settled Status by that date were able to apply for Pre-Settled Status, and subsequently apply for Settled Status after a continuous qualifying period of residence of 5 years.

If an application was not made for either Settled or Pre-Settled Status by this date, then you may still be able to apply if there are reasonable grounds for making a late application.

Swiss nationals will be able to bring a spouse or civil partner to the UK until 31 December 2025 if the relationship began between 31 December 2020 and 31 December 2025 and the relationship is continuing.

Family members of a British citizen who lived outside the UK in an EEA country with the British citizen need to apply to the EU Settlement Scheme by 29 March 2022.

What are the requirements for settled status?

Settled Status is granted to applicants to the EU Settlement Scheme who are able to demonstrate 5 years of continuous residence in the UK, the Channel Islands or the Isle of Man. Unless you are a joining family member, you will need to have started living in the UK by 31 December 2020.

To qualify for Settled Status you will need to satisfy UK Visas & Immigration that:

• You are a relevant EEA citizen; or
• You are a family member of a relevant EEA citizen; or
• You are a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
• You are a person with a derivative right to reside; or
• You are a person with a Zambrano right to reside; and
• You started living in the UK by 31 December 2020 (or you are a joining family member who arrived after 31 December 2020 and subsequently completed a continuous qualifying period of residence of at least 5 years); and
• You have completed a continuous qualifying period of residence of at least 5 years.

Who doesn't need to apply to the EU Settlement Scheme?

You are not required to apply if you have already been granted Indefinite Leave to Enter or Remain in the United Kingdom or if you have Irish Citizenship, including British and Irish dual citizenship.

You are not required to apply to the EU Settlement Scheme if you work in the United Kingdom but do not live here. This is referred to as a 'Frontier Worker'. You should instead consider applying for a Frontier Worker Permit. Non-EEA citizen family members of Frontier Workers should apply to the EU Settlement Scheme. You can apply online should you be eligible for this route

Why choose Westridge Legal?

Westridge Legal has experience in navigating the complex requirements of the EU Settlement Scheme & EEA Application process. Our team of expert immigration lawyers can guide and support you in your matter every step of the way.

If you wish to speak about your options directly with our specialist staff, please contact us on 0121 724 0302 to book a consultation today.