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British Citizenship and the EU Settlement Scheme - Section 10A of the British Nationality Act 1981
By Jasmine Theilgaard - Immigration Barrister

The deadline for applications under the EU Settlement Scheme passed on 30 June 2021, as discussed in our previous post here. Home Office statistics, published on 21 September 2021, showed that as of 30 June 2021...

 just under 600,000 applications (of 6 million applications submitted) remained pending. This post will address a new section of the British Nationality Act 1981, introduced by the British Nationality Act...

How Apply for Pre-Settled Status with an EUSS Family Permit
By Elana Kaymer - Legal Associate

In this post, we explore how to apply for Pre-Settled Status under Appendix EU if you have already been granted an EU Settlement Scheme (“EUSS”) Family Permit. This will allow you to stay in the UK after your...

 EUSS Family Permit expires, and be eligible to apply for Settled Status after 5 years in the UK. You might be eligible for an EUSS Family Permit if you are the ‘family member’ of a relevant EEA citizen,...

How Do Criminal Convictions Affect Applications Under the EU Settlement Scheme?
By Geraldine Peterson - Immigration Barrister

In this post we ask how do criminal convictions affect EU nationals and their family members present or applying under the EU Settlement Scheme? The answer to this question is complex, and involves when the convictions...

 or conduct took place, whether deportation or expulsion action has been taken or is being considered, and whether the offence or conduct is such that it is ‘conducive to the public good’ for a...

Akinsanya judgment: High Court ruling on Zambrano carers may extend eligibility, despite expired EU Settlement Scheme deadline
By Olivia Waddell - Pupil Barrister

The deadline for most applications under the EU Settlement Scheme, 30 June 2021, has now been and gone. However, on 9 June 2021, the High Court handed down its judgment in the case of R (Akinsanya) v Secretary...

 of State for the Home Department [2021] EWHC 1535 (Admin). As a result of this decision, it is possible that the Home Office might continue to accept applications from Zambrano carers in future, for a...

The Status of EU Settlement Scheme Applicants After 30 June 2021
By Geraldine Peterson - Immigration Barrister

In this post we look at the legal position and status of EU citizens and their family members who have applied for Pre-Settled or Settled Status under the EU Settlement Scheme (‘EUSS’) and who are awaiting...

 a decision from the Home Office after 30 June 2021. With the volume of applications the EU Settlement Scheme has received in the latter part of the ‘grace period’ (ending on 30 June 2021) there are...

EU Settlement Scheme Toolkit
By Richmond Chambers -

Over recent months our barristers have published several articles addressing the position of EU nationals and their family members in the UK following Brexit, including under the EU Settlement Scheme (‘EUSS’). As...

 the 30 June 2021 deadline for EU citizens and their family members who are living in the UK to apply for limited leave to remain (pre-settled status) or indefinite leave to remain (settled...

EU Settlement Scheme & Covid-19 Related Absences - Updated Guidance
By Zarina Rahman - Immigration Barrister

The Home Office has recently issued updated policy guidance on coronavirus related absences under the EU Settlement Scheme, following a legal challenge to the previous policy (published 15 December 2020).  The...

 guidance acts as a concession outside the Immigration Rules (Appendix EU) until the Home Office is able to amend the Immigration Rules.  Continuous qualifying period  In order to obtain Settled Status, a...

The EU Settlement Scheme: Can I Have a Biometric Residence Card?
By Lucy Katko - Pupil Barrister

The EU Settlement Scheme (EUSS) enables Europeans and their family members to apply for immigration status in the UK. Once the grace period comes to an end on 30 June 2021, it will be necessary to have status...

 under the EUSS in order to continue to live lawfully in the UK (although late applications will be possible in certain circumstances). Over five million people have now applied to the EUSS, and with most...

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) in the UK 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...

EU Settlement Scheme Deadlines and Late Applications
By Jasmine Theilgaard - Immigration Barrister

Appendix EU of the Immigration Rules contains the provisions for applications for Pre-Settled Status and Settled Status under the EU Settlement Scheme. Appendix EU has long contained details of the deadlines for...

 such applications to be submitted (defined under the term ‘required date’). It has also provided that an application may be able to be made after the required date if an applicant is able to demonstrate...

Settled Status, Permanent Residence and Indefinite Leave to Remain
By Stefania Patuto - Immigration Barrister

With the UK’s exit from the EU, the Government created new appendices to the Immigration Rules, Appendix EU and Appendix EU (Family Permit). The purpose of Appendix EU is to set out the basis on which an EEA citizen...

 and their family members, and the family member of a qualifying British citizen, will be granted indefinite leave to remain (“settled status”) or limited leave to remain (“pre-settled status”)....

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...
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