EEA nationals can now apply for settled status or pre-settled status.
What are these new terms?
Settled Status – this is similar to permanent residence/ indefinite leave to remain Pre-Settled Status – this allows you stay in the UK for a further 5 years after grant and protects EEA nationals and family members of EEA nationals’ rights in the UK until they qualify for settled status.
What are the Requirements?
(The following applies to all European nationals, family members of European nationals, persons with derivative rights) Settled Status – the person started living in the UK by 31 December 2020 (or by the date the UK leaves the EU without a deal and have lived in the UK for a continuous 5-year period (known as ‘continuous residence’).
Pre-Settled Status –You must have started living in the UK by 31 December 2020 (or by the date the UK leaves the EU without a deal).
Why should you apply?
Once you get one of these statuses, you will be able to do the following:
- Work in the UK
- Use the NHS service
- Access public funds
- Travel in and out of the UK.
What is the merit of applying for settled status under EU settlement scheme?
You do not need to be a qualified person for 5 years. (You do not need to be a student and have comprehensive health insurance or be a worker etc.)
Is there any merits in still applying for a permanent residence card?
- You can switch to settled status for free and easily
- You can avoid the rush of three million people applying for settled status
What is the difference between Indefinite leave to remain in the UK and settled status?
- If you have settled status, you are able to spend up to 5 years outside the UK without losing your settled status (subject to Parliament ratifying the same)
- If you have ILR, you are able to spend up to 2 years outside the UK without losing your ILR.
Can I still apply for British Nationality?
Yes, 12 months after achieving settled status, one may apply for British Nationality.
Can I my family members join me in the UK?
Yes, as long as your relationship began before 31 December 2020.
Is there a deadline to apply?
The deadline for applying is 30 June 2021.
Is there a cost to apply?
There is no Home Office fee applicable
What will I get
- European nationals will get no physical card and will have a Home Office link
to show their status.
- Non-European family members will be given a physical card
Please do not hesitate to contact the Immigration team at Law Lane Solicitors if you have any questions in relation to the proposed changes or any other immigration matter including any in preparation for Brexit.