The EU Settlement Scheme (EUSS) was established to grant residency to EU and EEA citizens residing in the UK before the end of 2020. This scheme emerged following the UK’s exit from the EU and the conclusion of free movement. Applicants were granted either pre-settled status if they had lived in the UK for less than five years or settled status if their residency exceeded five years. Settled status mirrors permanent residency, whereas pre-settled status allows applicants to remain in the UK for an additional five years to fulfill the residency duration required for full settled status.
Is the EUSS Closed for Applications?
Absolutely not! Despite the deadline set for new submissions by June 30, 2021, avenues remain open. If you hold pre-settled status and are now eligible for full settled status, or if you possess a valid reason (referred to as “reasonable grounds”) for a delayed application, you’re still eligible to apply. Below, find an intricate breakdown of acceptable reasons justifying a late application to the EUSS.
If you established residence in the UK before December 31, 2021, and haven’t initiated your EUSS application yet, our specialized immigration solicitors are ready to assist. Get in touch at +44 (0) 121 572 8126 or via email at immigrations@ausuk.co.uk. We’re well-equipped to guide you through a successful EUSS application, even post-deadline.
Origin and Commencement of Residency:
Family Membership Criteria:
Additional Eligibility Circumstances:
Refer below for more comprehensive information on applying as a family member through the EUSS.
Proof of Identity:
Confirmation of Continuous Residence:
Documentation Regarding Family Relationships:
Explanation for Late Application:
The EU Settlement Scheme application process is streamlined and requires specific documentation to support your eligibility. These details encompass the documentation needed to validate your identity, residence, family relationships, and reasons for a late application.
The Home Office grants two statuses under the EUSS, depending on your UK residence duration. If your stay is less than five years, you’ll be given “pre-settled status,” allowing an additional five years to fulfill the 5-year residency requirement. While pre-settled status doesn’t confer permanent UK residency, it serves as a pathway to attain “settled status,” granting indefinite residency after five years in the UK.
“Settled status” is granted once you’ve completed a continuous 5-year residence in the UK.
Switching from Pre-Settled to Settled Status
Suppose you currently hold pre-settled status under the EUSS. In that case, you can apply for settled status after residing continuously in the UK, the Channel Islands, or the Isle of Man for five years before your pre-settled status expires. Note the 5-year period starts from your initial arrival in the UK to your application date.
To meet the continuous residence requirement for settled status, ensure you haven’t lived outside the UK for more than six months in any one year.
Switching from pre-settled to settled status involves completing an online application form without any application fee. You must provide evidence of your eligibility as previously listed.
A successful application results in an email confirming your new settled status. If your application is unsuccessful, seek guidance from our specialist immigration solicitors for further steps.
The Home Office requires applicants to demonstrate valid reasons for late submissions under the EUSS. As time passes beyond the 30th June 2021 deadline, the applicant must present a more compelling case.
UKVI specifies that reasonable grounds for failing to meet the EUSS deadline are crucial. The longer the delay, the more convincing the rationale needs to be.
According to UKVI, acceptable justifications for late applications might include:
These circumstances outline valid grounds for late applications under the EU Settlement Scheme, illustrating the importance of substantiating reasons for delays beyond the stipulated deadline.
Your child is also eligible to apply under the EUSS, provided they meet the requirements. Each child needs their own application, which can be completed either by you on their behalf or by the child themselves, if they’re capable of doing so.
Eligibility Criteria for Your Child
For your child to apply to the EUSS, they must meet the following criteria:
Required Documents for Your Child
When applying to the EUSS for your child, you’ll need to provide evidence of the following:
This detailed explanation outlines the criteria and necessary documents required for your child to apply under the EU Settlement Scheme, emphasizing the importance of specific details and supporting evidence for a successful application.
Under specific circumstances, the EU Settlement Scheme extends to non-EU and non-EEA family members. Eligibility is contingent upon having a familial relationship (spouse, civil partner, unmarried partner, child, grandchild, or great-grandchild) with an individual from the EU, Switzerland, Norway, Iceland, or Liechtenstein. The following conditions must be met:
Commencement of Residency:
Status of the Family Member:
Arrival Date:
Additionally, eligibility extends to individuals with specific family relationships, such as:
Past Family Ties:
Family Member of a British National:
Dual Citizen Family Member:
Frontier Worker Family Member:
For comprehensive eligibility clarification, contact our immigration solicitors at +44 (0) 121 572 8126 or via email at immigrations@ausuk.co.uk.
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