The UK Immigration Rules in relation to those nationals affected by Brexit are complex and often confusing.
In our video, Spencer Bienvenue, a Trainee Solicitor in Gherson’s immigration team, talks about what EU/EEA/Swiss nationals need to know.
EU Settlement Scheme – where we are today
The EU Settlement Scheme (EUSS) opened in March 2019 and standard applications were accepted until 30 June 2021.
Applications made after this deadline are accepted only in exceptional circumstances.
An approved application under the EUSS resulted in two types of status:
– Pre-Settled Status; and
– Settled Status
Pre-settled Status was given to those who were residing in the UK for less than 5 years prior to 31 December 2020.
Settled Status was given to those who had completed a continuous 5-year period of residence in the UK prior to 31 December 2020.
The Home Office continues to accept certain applications under the EUSS, i.e. for late Settled Status applications, if they meet the requirements. Such applications are submitted on an inherently discretionary basis, and the specific circumstances of each applicant must be fully reviewed to determine if such an application is possible.
As time goes by, it is becoming increasingly more important for those with Pre-Settled Status to ensure that they preserve their ability to apply for Settled Status. This is generally only possible if they have lived in the UK for 5 continuous years before their Pre-Settled Status expires.
EU/EEA/Swiss nationals and their dependants should already now investigate if they may have absences from the UK, which may prevent them from applying for Settled Status. They should seek legal advice sooner than later to ensure that their ability to qualify and apply for Settled Status is preserved, and absences are kept to the level permitted under the EUSS.
Under current legislation, it is not possible to apply for an extension of Pre-settled Status or to re-apply for a new grant of Pre-settled Status. It is also important to bear in mind that Pre-Settled Status lapses / ceases to be valid if the holder has been outside of the UK for a continuous 2-year period.
How Gherson can assist
Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, 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 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.
©Gherson 2022