Can I apply for the EU Settlement Scheme as a visitor?

On 10 September 2021, the Home Office published a Statement of Changes to the Immigration Rules (HC 617).

Therein, the main changes with regard to the EU Settlement Scheme (EUSS) apply to those who wish to apply to the EU Settlement Scheme whilst residing in the UK as a visitor.

Specifically, from 6 October 2021, joining family members are able to apply for status under the EUSS whilst residing in the UK as a visitor.

This is a significant change. The previous position was that it was generally not possible for those residing in the UK as a visitor to apply for status under the EUSS. Instead, they would have had to leave the UK and apply for status under the EUSS from abroad.

The following family members (EEA citizens or non-EEA citizens) of sponsors (i.e. EEA citizens who hold status under the EUSS) may be eligible to apply for status under the EUSS as the joining family members of an EEA citizen, subject to meeting the relevant requirements:

• Spouse;
• Civil partner;
• Durable partner;
• Child under 21 of the relevant sponsor or of the spouse or civil partner;
• Dependent child over 21 of the relevant sponsor or of the spouse or civil partner; or
• Dependent parent of the relevant sponsor or of the spouse or civil partner.

How Gherson can assist

Gherson has extensive experience in all aspects of UK immigration law. If you have any queries relating to the blogs published, or are interested in talking to us about your specific circumstances, please do not hesitate to contact us for advice, send us an e-mail, or alternatively, follow us on Twitter, Facebook, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2021