New secondary legislation is to be introduced to help vulnerable EU citizens apply for settled status years after the current 30 June 2021 deadline expires.
Vulnerable citizens, such as children in care and homeless people, already lawfully residing in the UK are to benefit from the legislation. They will, however, need to prove they had a “reasonable excuse” for not applying ahead of the 30 June 2021 deadline.
The government is to take a “generous approach” in terms of what would constitute reasonable grounds for applying after the current deadline and assess applications on a case-by-case basis. Those with a “reasonable excuse” would also face no time limits for their future applications.
It is important to note that the proposed legislation relates only to vulnerable EU citizens. It does not address the concerns of EU citizens who do not receive Pre-settled or Settled-status on time, or those who may not be aware of the need to apply for either Pre-settled or Settled-status to secure their UK immigration status. These scenarios raise concerns regarding the safeguarding of rights of EU and EEA citizens in the UK post-Brexit.
For this reason you must apply for Pre-settled or Settled status under the EU Settlement Scheme prior to 30 June 2021 if you wish to reside lawfully in the UK post-Brexit. However, it is strongly recommended that any application is made by 31 December 2020, before the transition period comes to an end.
Gherson has been assisting clients with applications under the Home Office’s EU Settlement Scheme since it was established and has a wealth of experience in dealing with all aspects of the Pre-settled and Settled routes. If you have any questions or queries relating to these categories, please do not hesitate to contact us.
For more detailed information, please see our previous blog.
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.