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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...

EU Settlement Scheme Deadlines & Late Applications
By Zarina Rahman - Immigration Barrister

As we have explained in previous articles, the 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...

 status) under the EU Settlement Scheme (‘EUSS’) is 30 June 2021. Failure to apply before this date will mean that a person is in the UK unlawfully.  A different deadline may apply for those that...

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...
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