Gherson continues to receive a large number of queries concerning travelling whilst an EU Settlement Scheme (“EUSS”) application is pending.
The Home Office has provided some recent clarification on the travel issue. It is important to note that this specific guidance does not cover those who have made an EUSS application as a joining family member.
Applicants who applied by 30 June 2021
The general position is that applicants who have made an EUSS application by 30 June 2021 will have their rights in the UK protected until a decision has been made on their application and any subsequent appeal.
From a practical perspective, EEA/Swiss nationals and their family members who were resident in the UK by 31 December 2020 and applied to the EUSS by 30 June 2021 are advised not to travel outside the UK/into the UK until they have received a Certificate of Application confirming that a valid in-time application has been made.
Applicants who applied after 30 June 2021
Late applicants to the EUSS have also been provided with the reassurance that their rights in the UK will be protected whilst their application is under consideration.
In variation, however, to the above, EEA/Swiss nationals and their family members who were resident in the UK by 31 December 2020 and applied to the EUSS after 30 June 2021 must not travel outside the UK/into the UK until they have received their Certificate of Application. They may also be asked to provide evidence that they were resident in the UK by 31 December 2020 at the UK border, in order to be admitted.
Given that individual circumstances vary, it is highly advisable to seek the guidance of the EU Settlement Scheme or a legal professional before any travelling with a pending EUSS application.
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.