KNOWLEDGE

CENTRE

Update on EU Settlement Scheme Deadlines and Late Applications

The EU Settlement Scheme provides a basis for nationals of the EU, other EEA countries and Switzerland, who were resident in the UK by 31 December 2020, to apply for an immigration status that will allow them to...

High Court: Automatic Loss of Rights under the EUSS is Unlawful

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) recently won its Judicial Review challenge against the government, in which it argued that the UK was unlawfully implementing...

Apply for EU Settled Status Based on Historic Residence in the UK

The EU Settlement Scheme was introduced by the UK to preserve the rights of EU citizens and relevant family members who had been living in the UK prior to the end of the transition period, 11 pm on 31 December 2020....

Upper Tribunal Considers Durable Partners, Marriage and Human Rights Under the EUSS

In the judgement in Celik (EU exit; marriage; human rights) [2022] UKUT 00220 (IAC)  published on 10 August 2022, the Upper Tribunal considered the rights of partners of EEA nationals who were unable to marry before...

EU Settlement Scheme: Suitability Ground Refusals

Primarily, whether an applicant will be refused under the ‘suitability’ grounds in an EU Settlement Scheme application relates to previous criminal conduct, see also the previous article on criminality and applications...

New Home Office Guidance on Zambrano Carers

The Home Office has issued its much anticipated guidance in respect of individuals deemed to meet the definition of ‘a person with a Zambrano right to reside’ under Appendix EU.  Zambrano Right to Reside Following...

Dual Citizens of the EU and the UK and Comprehensive Sickness Insurance

On 1 February 2022, the government agreed to amend the Immigration Rules to end the unfairness faced by EU citizens who successfully obtained British citizenship, despite a historic lack of Comprehensive Sickness...

Policy Change for Extended Family Members of UK-based EU Citizens

As has been set out in previous articles, some extended family members of UK resident EU citizens may no longer make applications to remain in or join their family members in the UK under the EU Settlement Scheme.  However...

EU Settlement Scheme Family Permits - Who Can Apply?

EU Settlement Scheme (‘EUSS’) Family Permits enable certain people to enter the UK. The application is free (unlike family applications under Appendix FM of the Immigration Rules) and provides a first step towards...

European ID Cards: Changes at the UK Border from 1st October 2021

It is estimated that almost a third of EU, EEA and Swiss nationals currently travel to the UK using national identity cards, rather than passports. However, on 01 October 2021, the rules governing entry to...

The Status of EU Settlement Scheme Applicants After 30 June 2021

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...

EU Settlement Scheme Toolkit

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...