In the light of a continuing Brexit and new legislation from the UK Gvt re: settled status, we ask how current EU citizens living in the UK will be affected and how they can ensure their rights and residency.
The Gvt has stated that,after 30 June 2021,if you are an EU citizen living in the UK, you and your family will be able to apply to the EU Settlement Scheme to continue living in the UK. If your application is successful, you will get either settledor pre-settled status.
The EU Settlement Scheme will be open fully by 30 March 2019. and the deadline for applications will be 30 June 2021. Irish passport holders and those with indefinite leave to remain (ILR) may be able to stay without applying andthe UK has also reached agreements with Norway, Iceland, Switzerland and Liechtenstein re: reciprocal citizen’s rights which you can read about on their official website at https://www.gov.uk/settled-status-eu-citizens-families.
Gvt guidelines are as follows:
If you have 5 years’ continuous residence by 30 June 2021 (and you meet all the eligibility criteria), you’ll get settled status. Five years’ continuous residence means that for 5 years in a row you’ve been in the UK for at least 6 months in any 12 month period, except for:
If you apply before you’ve got 5 years’ continuous residence, you’ll only get pre-settled status. You’ll then need to apply again later to get settled status if you want to stay in the UK permanently.
If you don’t have 5 years’ continuous residence by 30 June 2021, you will not be eligible for settled statusbefore the deadline for the EU Settlement Scheme. However if you meet all the eligibility criteria, you’ll get pre-settled statusif you apply anytime before 30 June 2021.You can then change your pre-settledstatusto settled statusas soon as you have 5 years’ continuous residence.
You may get settled statusbefore you have 5 years’ continuous residence if you had to stop working early or start working in another EU country.
You can apply with or after your family member for settlement. Your family member will be given an application number so you can use this to ‘link’ your application to theirs so your applications are considered together.
You might be eligible for settled statusbefore 5 years but your family member must have been working or self-employed in the UK at the time of their death and you must have been living with them just before their death and either:
If you are not living in the UK by 31 December 2020, you will still be able to apply to join your family member here after that date if all of the following apply:
If you have a valid UK permanent residence document, you can change your permanent residence document to settled statusby applying to the EU Settlement Scheme. You will not have to pay or prove you have 5 years’ continuous residence.
You can continue to live in the UK without applying to the EU Settlement Scheme if you have indefinite leave to remain or enter. However, you can choose to change it for settled status.
This means you should be able to spend up to 5 years in a row outside the UK without losing your settled status(instead of 2 years with indefinite leave to remain or enter).How long you can live outside the UK is still subject to approval by Parliament.You will not have to pay or prove you have 5 years’ continuous residence.
You will be able to apply for settled or pre-settled statusif you are:
If your parent is eligible for settled status, you’ll be eligible even if:
If your parent is not eligible for settled statusand you do not have 5 years’ continuous residence you’ll be eligible for pre-settled status.
If you do have 5 years’ continuous residence, you’ll be eligible for settled status even if your parent is not eligible for settled status.
The application fees will be:
It will be free to apply if:
For more information, please see: https://www.gov.uk/settled-status-eu-citizens-families
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