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LOCATION: Home » EU Settlement Scheme

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EU Settlement Scheme & Pending Prosecutions
By Lucy Katko - Pupil Barrister

On 04 March 2021, the Secretary of State’s policy document EU Settlement Scheme: Suitability Requirements was updated (Version 5.0). This guidance document is used by UKVI decision makers to assess whether applicants...

 meet the suitability requirements for either Settled or Pre-Settled Status under Appendix EU of the Immigration Rules. Details of the full suitability requirements can be found here. The changes to...

Who do the EEA Regulations 2016 still apply to (and for how long)?
By Alex Papasotiriou - Immigration Barrister

Although Brexit took place on 31 January 2020, EU law (“direct EU legislation” and “EU-derived domestic legislation”) continued to apply in the UK for an 11-month period thereafter, known as the “transitional...

 period”, which ended on 31 December 2020. Nonetheless, although now repealed, some aspects of EU law continue to apply to certain persons beyond that date. Certain provisions of the EEA Regulations...

Surinder Singh and the EU Settlement Scheme
By Zarina Rahman - Immigration Barrister

The ‘Surinder Singh’ route permits family members of a ‘qualifying British citizen’ to return with them or join them in the UK after a period of residence in an EU Member State (or Switzerland) in accordance...

 with EU free movement law. This article looks at the requirements for those who wish to rely on this route to return to the UK, following the end of the Brexit transition period at 2300 GMT on 31...

Durable Partners under the EU Settlement Scheme
By Jasmine Theilgaard - Immigration Barrister

As discussed in my previous blog post, in order to make an application as a family member of an EEA national under the EU Settlement Scheme, the family relationship is required to have existed before 31 December...

 2020. One category of family relationship covered by the Rules is that of ‘durable partners’. The provisions contained in Appendix EU in relation to durable partners are convoluted, and relate not only...

What is the ‘grace period’ for EU citizens?
By Zarina Rahman - Immigration Barrister

The UK left the EU at 11pm on 31 January 2020. However, from this date until 11pm on 31 December 2020, there was an implementation period (or transition period) during which EU free movement continued to...

 apply and EU citizens and their family members continued to benefit from it. EU free movement rules were brought to an end in the UK at 11pm on 31 December 2020. However, this also signalled the beginning of the...

EU Settlement Scheme and Covid-19: Top 5 FAQs
By Stefania Patuto - Immigration Barrister

The EU Settlement Scheme (EUSS) remains open to EU nationals and their family members. However, for many, Covid-19 has impacted the way applications are made and processed. On 15 December 2020, the Home Office provided...

 some guidance for applicants who have been affected by restrictions associated with coronavirus. The Home Office casework guidance on EUSS was also updated on 2 December 2020 to include some further...

Challenging Delays to EU Settlement Scheme Applications
By Lucy Katko - Pupil Barrister

In an earlier post we looked at how to avoid delays in EU Settlement Scheme applications.  In this post, we consider how applicants can challenge delays in the processing of EU Settlement Scheme applications effectively.  Challenging...

 Delays to EU Settlement Scheme Applications The clock usually starts ticking for EU Settlement Scheme applications when the online application form is submitted using the EU Exit app....

Avoiding Delays in EU Settlement Scheme Applications
By Lucy Katko - Pupil Barrister

A large number of applications for settled status and pre-settled status under Appendix EU, using the EU Settlement Scheme (EUSS), face significant delays. These delays can persist well beyond the expected waiting...

 times as given on the GOV.UK website: “It usually takes around 5 working days for complete applications to be processed if no further information is required, but it can take up to a month.” Although...

‘Joining Family Members’ of EEA nationals under the EU Settlement Scheme
By Jasmine Theilgaard - Immigration Barrister

The Statement of Changes In Immigration Rules HC 813, published on 22 October 2020, sets out significant changes to the Immigration Rules. Included in these changes are provisions in Appendix EU which allow EEA...

 or Swiss citizens resident in the UK prior to 31 December 2020 to be joined by their family members under Appendix EU. Under the current Immigration Rules, family members of EEA nationals are eligible to...

Independent Chief Inspector of Borders and Immigration Annual Report for the period 1 April 2019 to 31 March 2020
By Alexandra Pease - Immigration Barrister

The annual report was laid before Parliament on 10 September 2020 in accordance with section 50(2) of the UK Borders Act 2007.   The report can be accessed: here. The UK Borders Act 2007 directs the Independent...

 Chief Inspector to monitor and consider the functions carried out by the Home Secretary in relation to immigration, asylum,  nationality, and the systems that are used. The short statement of purpose...

Challenging a Settled Status decision
By Georgina Griggs - Immigration Barrister

The EU Settled Status Scheme, under Appendix EU to the Immigration Rules, opened to all applicants on 30 March 2019. Many EEA nationals and their family members have applied under the scheme, with a large proportion...

 of Settled Status applications being granted. Many have also been granted pre-Settled Status where they have not been in the UK long enough to have obtained Settled Status. However, many have been...

Dependent Parents applying under the EU Settlement Scheme
By Stefania Patuto - Immigration Barrister

Dependent Parents of EEA citizens (or of their spouse or civil partner) can apply under the EU Settlement Scheme for pre-settled or settled status. However, under Appendix EU, it is unclear what the meaning of...

 ‘dependent’ is,  how it can be demonstrated, or if dependency needs to be demonstrated at all.  EEA Regulations 2016 Dependent parents who had to apply under the Immigration (European Economic Area)...
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