The EU Settlement Scheme (EUSS) provides EU, EEA and Swiss citizens who were living in the UK before the post-Brexit transition period ended on 31 December 2020, with the right to continue residing here under the Citizens’ Rights Agreements. It also allows their eligible family members the opportunity to obtain a status under the scheme through the EUSS Family Permit.
The UK government has introduced the following updates:
1. Use of expired biometric residence cards
Non-EEA nationals applying under the EUSS can now use a UK-issued biometric residence card or permit, within 18 months of its expiry, to prove their identity and nationality. After this time, they must have set up their e-visa.
Additionally, they are no longer required to re-enrol their fingerprint biometrics if they use such an expired card.
2. Pending administrative review
Applicants with a pending administrative review of a refused EUSS decision who have not left the UK or have been granted entry to the UK (except on immigration bail), will not be removed from the UK.
3. Restrictions on sponsorship for EUSS Family Permits
Individuals who became EU, EEA or Swiss citizens after 31 December 2020 can no longer sponsor their family members for an EUSS family permit application.
4. Refusal on suitability grounds
The updated rules now permit refusal of EUSS or EUSS family permit applications on suitability grounds, even if no deportation or exclusion order is in place. This applies where the applicant’s conduct before 31 December 2020 meets the relevant EU law public policytest under the Citizens’ Rights Agreements.
5. Higher threshold for public policy decisions
The applicant’s conduct before the end of the transition period, the threshold of ‘serious grounds’ of public policy or public security, is to be met where they have (or are eligible for) indefinite leave to enter or remain under Appendix EU. This threshold does not apply to other parts of the Immigration Rules.
These changes bring greater clarity and flexibility to EUSS applicants, particularly concerning the use of expired biometric residence cards and administrative reviews. However, stricter suitability criteria and sponsorship restrictions may impact some applicants. Those affected should seek legal advice to ensure compliance with the updated regulations and secure their immigration status in the UK.
If you require expert legal assistance regarding your EUSS application, family permit or administrative review, contact our experienced immigration team today.
How Gherson can assist
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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 do not 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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