Before 31 December 2020, as an EU national you could enter and stay in the UK indefinitely, provided certain requirements were met.
Since 31 December 2020, how long you can stay in the UK as an EU national will depend on your immigration status. We will discuss some of the options available to EU nationals to stay in the UK below.
Pre-Settled and Settled Status – Were you living in the UK by 31 December 2020?
As a result of Brexit, the Home Office introduced the EU Settlement Scheme to enable EU nationals living in the UK by 31 December 2020 to regularise their stay in the UK and apply for residency.
Under the EU Settlement Scheme, EU nationals who were continuously resident in the UK prior to 31 December 2020 could apply for status under the Scheme.
Those who had been living in the UK for a continuous period of 5 years could apply for Settled Status, which is equivalent to Permanent Residency or Indefinite Leave to Remain (ILR) in the UK. Those who had been living in the UK for a continuous period of less than 5 years could apply for Pre-Settled status, which permits the individual to reside in the UK for 5 years. After living in the UK for 5 years, they may be eligible to apply for Settled Status provided certain requirements are met.
The deadline for most people to apply for status under the EU Settlement Scheme was 30 June 2021. However, the Home Office are still accepting late applications if you can demonstrate that you had “reasonable grounds” for missing the deadline.
The Home Office have provided a list of “reasonable grounds”, such as simply not knowing that you had to make an application under the EU Settlement Scheme or having had a serious medical condition which prevented you from applying. The list provided by the Home Office is non-exhaustive, as each case will be considered in light of its particular circumstances.
The Home Office will also be considering how late the application is when assessing whether a late application under the Scheme should be accepted. Therefore, if you are eligible for status under the Scheme and you have not made an application, it is advisable to do so immediately.
Would you like to make a late application under the EU Settlement Scheme to stay in the UK? We can assess your options, provide you with bespoke advice and assist you with making a late application under the EU Settlement Scheme.
Skilled Worker visa – Have you received a job offer from a UK-based company?
The Home Office have introduced the Skilled Worker route which allows EU nationals (among other nationals) to come to the UK to fill a UK-based role.
The Skilled Worker visa can be granted for up to 5 years, and once you have been in the UK for 5 years as a Skilled Worker, you can apply for ILR in the UK (subject to meeting eligibility criteria). You can also be joined in the UK by your partner and children under this route.
To make a successful application for a Skilled Worker visa, an applicant must score a requisite number of ‘points’. These points are attained by meeting specific requirements, such as having an assigned Certificate of Sponsorship by an approved Home Office sponsor (your potential employer), being paid the appropriate salary, meeting a specific skill level for the role and demonstrating that you meet the English language requirements.
If you have been offered a job in the UK, we can assess your options, provide you with advice to meet the requirements and assist you with an application for a Skilled Worker visa.
Are you visiting the UK for Christmas?
As an EU national, you can visit the UK for up to 6 months for holidays or short trips without needing a visit visa.
You can continue to use the e-gates when travelling to the UK, but please note that your passport must be valid for the duration of your stay in the UK. You can no longer enter the UK using your national ID card unless you meet the exemption criteria which we discuss in our earlier.
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