On 30 October 2018 the Home Office released more information on the new EEA ‘settled status’ pilot scheme.
The scheme will allow EEA nationals residing in the UK before the Brexit transition period ends to apply to continue to reside in the UK after December 2020. The government intends it to be fully open to EEA nationals and family members of EEA nationals on 30 March 2019. However, certain categories of applicants may already take advantage of the pilot scheme, provided they are eligible to take part in the first phase of the pilot scheme running from 1 November 2018 to 21 December 2018.
The scheme provides two application routes, set out in the Appendix EU of the Immigration Rules:
- Settled Status
Individuals who have resided in the UK for five years continuously (although in certain circumstances, this can be less than five years) can apply for settled status, which will allow them to reside in the UK indefinitely, subject to certain conditions. The length of time that an individual would have to spend outside of the UK before losing their settled status is currently under review by Parliament. - Pre-Settled Status
Individuals who have not yet resided in the UK for five years will be granted ‘pre-settled’ status. Anyone with pre-settled status can then apply for settled status as soon as they have lived in the UK for five years continuously, subject to certain conditions.
Unlike previous documents for EEA nationals, applying for settled status or pre-settled status is compulsory. The deadline to apply will be 30 June 2021.
On 30 October 2018, the Home Office released more information on the scheme. Although it will be fully open to the public in 2019, there are a number of people who are already eligible to apply under the pilot scheme, which has been open for 15 specific NHS Trusts or the 3 universities since 1 November 2018.
From 15 November 2018, individuals who are employed or work at higher education institutions or overseas higher education institutions in the UK will be eligible to apply, along with children under the age of 18 who are under the care of local authorities involved with the pilot. Additionally, individuals who receive support from one of the community organisations involved in the pilot will also be eligible to apply.
Individuals employed by an organisation in the health or social care sector will be eligible to apply from 29 November 2018.
All individuals who fall under the above categories will have to satisfy certain eligibility requirements. People outside these categories will most likely have to wait until March 2019 to apply.
Gherson can provide professional guidance to EEA nationals wishing to reside in the UK. Please do not hesitate to contact us.
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.
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