EU Settlement Scheme Family Permit

Analyse the implications of the Home Office’s recent decision on EU citizens who were in the UK pre-Brexit

If you are a member of the EU, EEA, or Swiss citizen who has lived in the UK for at least a year, you may qualify to apply for Settled Status below the EU Settlement Scheme.

Give us a call at 0203 384 4389 if you need assistance right now. You can talk to one of our immigration attorneys in person, over the phone, or through a video call.

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What is the EU Settlement Scheme Family Permit?

Since the United Kingdom chose to exit the European Union in 2016, Britons’ freedom of movement throughout the continent has expired on December 31, 2020.

New immigration regulations went into effect on January 1, 2021, and they will apply to all EU individuals who wish to enter the country as well as those who have already resided in the United Kingdom.

Under the EU Settlement Scheme, any EU, EEA, and Switzerland nationals may apply for Settled Status or Pre-Settled Status, depending on their arrival date and cumulative “continuous residency.”

For tailored advice related to EU settlement scheme, Call now at 0203 384 4389

What is settled and pre-settled status?

In general, if you want to submit a request for Settled Status through the EU Settlement Scheme, you need to move to or begin living in the UK by the conclusion of the Brexit transition period, 31st of December 2020.

Settled Status and Indefinite Leave to Remain (ILR) both are similar. In that they both let you reside, work, use the NHS, and come and go from the UK whenever you like. You won’t need to fulfil any other immigration criteria or request a UK visa once you have this type of permanent residency.

The status you will have—Settled or Pre-Settled—depends on how long you have been in the United Kingdom.

As of December 31, 2020, you had to be a regular resident of the UK and have maintained “continuous residency” for a minimum of five years to be able to obtain Settled Status. The five-year limit is essential because, beginning of June 2021, those who have been living in the UK for less years than this will be granted Pre-Settled Status.
It is crucial to remember that if you have been living out of the UK for an extended amount of time, your continuous residency may be questioned. You must not have been out of the UK for more than 12 months at a time throughout your 5-year period in order to be qualified unless you can demonstrate that your absences were due to circumstances beyond your control or that you have a compelling reason. For example, the Home Office will grant you an exemption if you were studying, had a medical emergency that required you to leave the UK, were a Crown servant, or had been in the military.

If you are unable to complete the five-year continuous resident requirement, you will be granted Pre-Settled status instead. You can then transition to Settled Status following five years of continuous stay in the UK with this type of authorization. This is a manual process, therefore you need to register to switch. To know more, call at 0203 384 4389

Our experienced UK immigration Solicitors can help you with your immigration process.

Does UK Immigration Solicitors support applications for Settled Status?

If you’re looking for Settled Status, our immigration attorneys will assist you. While the form is readily available online, you might want help compiling a supporting documentation portfolio to be sent to the Home Office.

For example, if you are unable to use your National Insurance Card to show that you have lived in the UK continuously.

Contact our experienced team of advisers at 0203 384 4389 to learn more about how we can support your application.

Our experienced UK immigration Solicitors can help you with your immigration process.

What is the European Union Settlement Scheme?

Due to the post-Brexit immigration regulations, the EU Settlement Scheme is a temporary mechanism designed to register all resident European residents and their family members. Although it is only temporary, it has been extending well beyond the designated transitional period to provide all inhabitants ample opportunity to submit an application.

EU nationals can live and work in the UK with ease knowing that they have either Settled or Pre-Settled Status, which protects them from being ordered to leave the country or deported at a later time.

A change to the system in 2023 will automatically renew pre-settled status for individuals who gained it through the EU Settlement system for two years, provided they haven’t obtained settled status by the expiration date of their pre-settled status.

Requesting to the EU Settlement Scheme Family Permit

The EU Settlement Scheme Family Permit application process doesn’t require any payments.

Depending on how long it takes for their pending permit to be processed, the holder of the permit is allowed to visit and exit the UK as often as they choose within a four to six-month period. Call now at 0203 384 4389

Applicants can choose to do one of two things:

How Do I Sponsor Family Members Through the EU Settlement Scheme?

Under the EU Settlement Scheme, citizens of the EU, EEA, or Switzerland may “sponsor” family members to move to the UK and live with them. This includes partners who are not married, spouses, kids, and other members of the immediate family.

In order to qualify as the “sponsor” of your member of the family, you need to have been a UK resident until December 31, 2020, and your relationship with the family member has to have started or already existed before that. Put another way, if the relationship didn’t exist prior to January 2021, you will not be able to sponsor a loved one to immigrate to the UK.

Furthermore, the relationship must be intact at the time your family member starts applying.

If your family member is a native of Switzerland, the EU, or EEA, they may apply through the EU Settlement Scheme by presenting an active identity card or passport.

However, if the member of your family doesn’t belong to the EU, EEA, or Switzerland, they must already possess a valid UK document, including a citizenship card, permanent residency card, or derivative residence card. If not, he or she will have to apply for a “UK family permit” under the EU Settlement Scheme. After successfully joining you in the UK, they can apply for Settled Status on their own using the permit.

If your family relative arrives in the UK before or on the first of April, 2021, they have to apply for Settled Status within three months of their arrival.

A family member may apply for a UK visa in its place if you are unable to bring your loved one to the country for any reason. For example, a UK Spouse or Family Visa. Call now at 0203 384 4389

Our experienced UK immigration Solicitors can help you with your immigration process.

Documents required for submission

Those who are interested will require:

How can UK Immigration Solicitors help?

Our immigration attorneys at the UK Immigration Solicitors (UKIS) are certified by the OISC and have received training in handling all types of immigration cases. Whether you require assistance demonstrating your 5 years of continuous residency for the EU Settlement Scheme or guidance on how to sponsor a loved one to come and join you, our specialist team of family immigration solicitors is here to help.

Call 0203 384 4389 to speak with a member of our helpful customer service team about our customized services.

Settlement Scheme Eligibility

To apply for the EU Settlement Scheme from abroad, one must be one of the following individuals under these conditions:

To get into the UK, any other candidates who do not fall under one of these categories must submit an application for a family permit.

Our experienced UK immigration Solicitors can help you with your immigration process.

Frequently Asked Questions

Most of the time, a child needs a visa in order to live in the UK. For instance, if their parent is a foreign national working or studying in the country, the child may need a Child Dependant Visa.

You do not need to submit a request for Settled Status or engage in any way with the EU Settlement Scheme if you are an Irish citizen residing in Britain. This is why the UK and Ireland have historical links and have decided not to impose immigration restrictions on their respective nationals who reside in each other’s territories.

However, you can choose to apply for your own reasons, like passing on British citizenship to any children you may have in the future in the UK.

You must apply for British citizenship or for Settled/Pre-Settled Status via the EU Settlement Scheme if you hold a Permanent Residence Document. Regardless of the application method you choose, you must submit it before June 30, 2021, as after that date, all of your documents will no longer be acceptable.

If your child is below 21, you have to apply separately for their settled status. They can submit an application by themselves. You can also request on your child’s behalf. If you or your spouse/civil partner are a citizen of the EU, EEA, or Switzerland, your child may still apply.

Even if your child was born in the UK, they still have the opportunity to apply unless they are officially registered as a British citizen.

You will need documentation of the relationship with your child in order to apply. For instance, a birth certificate proving you are their parent. Then, you will have to provide documentation of your child’s UK residency.

Additionally, you will need to use a legitimate ID card, like a passport, to establish your child’s identity.

Despite the complex regulations, non-EU, non-EEA, and non-Swiss nationals may still apply for Settled Status under the EU Settlement Scheme. One of the following requirements must be met for you to be eligible:
  • If you had a family member who was an EU, EEA, or Swiss national residing in the UK, but the relationship ended or they passed away,
  • You are a British national’s family member and you previously shared housing in an EEA nation (not the UK);
  • You have a Northern Irish family relative;
  • You look after a citizen of the UK, EU, EEA, or Switzerland;
  • You were raised in the UK as the child of an EU, EEA, or Swiss citizen.
  • We know that security is crucial, especially with Brexit talks well underway. Our team of knowledgeable immigration solicitors can assist you in getting this.

    A group of skilled immigration attorneys at UK Immigration Solicitors are available to help you determine the best course of action for you as an EEA or Swiss national, as well as to advise you on your next steps and walk you through every step of the application procedure.

    We’re going to:

    • Make sure all of your paperwork is up to date before submitting an application.
    • Verify if you and your family qualify for the EU Settlement Scheme.
    • Fill out your application as completely as possible.
    • In order to submit your application, prepare a Letter of Representation. This letter explains your case, outlines its merits, and urges the Home Office to approve it;
    • Communicate with the Home Office until your application is made.

    You do not require an application for Settled Status if you currently hold a permanent immigration permit. This covers British, Irish, or “dual” citizenship as well as Indefinite Leave to Remain (ILR). It’s because you are practically already free from immigration laws.

    Furthermore, NATO members and foreign diplomats based in the UK are exempt from the requirement to apply for settled status.

    In the UK, being granted Settled or Pre-Settled Status has numerous advantages. This includes the following:
  • Working in the United Kingdom
  • Access the NHS for free
  • Obtain welfare assistance and benefits, like Universal Credit
  • Access all educational levels while studying in the United Kingdom
  • Entering and leaving the UK without any problems
  • You can stay abroad for up to five years straight without losing
  • Settled Status (or four years as a Swiss citizen, or two years with Pre-Settled Status)
  • After obtaining Settled Status, any more children born in the UK will automatically be granted British citizenship.
  • Fortunately, the EU Settlement Scheme application process is quick, simple, and cost-free. All you have to do is submit an online application along with these documents:
  • Your identity proof: ID card, passport, and your digital pictures.
  • Proof that you have lived in the UK continuously, like your National Insurance number
  • If you didn’t provide the biometric information previously then give it now. If you’re applying online, you can scan the aforementioned documents. You must send the documents with your form if you choose to send them via postal mail. You will be required to disclose any criminal convictions you may have had. Call us right now at 0203 384 4389 to learn how we can assist you with your application for Settled Status.

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