To some, Brexit has meant business as usual. To others, it changed everything. This is particularly true for European nationals living and working in the UK. Brexit meant the end of free movement of people between the UK and the European Economic Area, and now, 2 years on from our departure, we’re here to help you know where you stand with living and working in the UK post-Brexit.
Gordon Irving, Immigration Solicitor at Broudie Jackson Canter, discusses the EU Settlement Scheme, Settled and Pre-settled Status, and why it’s better to make a late application than make no application at all.
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EU Settlement Scheme
With the UK’s exit from the European Union, EU citizens and their family members who arrived before 31st December 2020 and wished to continue to live, work and study in the UK, needed to apply to the EU Settlement Scheme for Settled or Pre-settled status before the deadline of 30th June 2021.
Settled Status
For those who had been in the UK for five or more continuous years before the deadline, they could apply for ‘Settled Status’. This meant they could remain in the UK permanently and not be subject to visa restrictions.
Pre-settled Status
Those living in Britain for less than five continuous years before the deadline could apply for ‘Pre-settled Status’, which would allow them to remain in the country and achieve five years of continuous residence. They would then be able to apply for Settled Status (this must be done before the pre-settled status expires).
Can I still apply for the EU Settlement Scheme?
From 1 July 2021, EU and Swiss citizens living in the UK without having applied for Pre-settled or Settled Status under the EU Settlement Scheme are here unlawfully. The government has confirmed that people can apply after that deadline for the relevant status, but they must have “reasonable grounds to apply late”.
The list of reasonable grounds is ‘non-exhaustive’ meaning that each late application will be considered according to its particular circumstances.
The Home Office reports that they have received over 300,000 late applications for the EU Settlement Scheme since the June 2021 deadline, with potentially 100,000’s more still yet to apply and therefore living and working in the UK unlawfully.
We have been approached recently by clients who we assisted in applying after the deadline, and their grounds for applying late were accepted. One common reason for a late application is that some people had a biometric residence card or other residence document issued under the EEA Regulations and simply did not realise that these documents are no longer valid and cannot be relied upon.
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Better late than never
If you’re an EU or Swiss citizen living in the UK without settled or pre-settled status, it’s important that you apply for pre-settled or settled status as soon as possible. Without settlement status, your rights are not protected which means you cannot legally access benefits and services (including free NHS healthcare), rent a property in England or work or study in the UK.
If you are found by authorities to be living or working in the UK without settlement status, you will be given a formal written notice giving you 28 days to make your application.
How can an Immigration Solicitor help?
We have helped many of our clients make late applications to the EU Settlement Scheme. We will work with you to fill in the necessary paperwork, advise you on what documents you will need to show and assist you through the process.
While coming forward with a late application may be daunting, it is always better to make a late application than it is to risk continue living in the UK unlawfully, especially knowingly.
Our sympathetic team of experts are here to help. To get in touch, simply make an enquiry using our enquiry form here.