What is the deadline for EU settlement scheme?

20 May 2021, 38 mins ago

With less than 50 days to go until the deadline, there is a risk that European citizens and their family members will lose the right to continue living and working in the UK and may therefore find themselves residing in the UK unlawfully.

The Home Office are currently dealing with a backlog of applications, and this is only likely to increase as the 30 June 2021 deadline approaches.

EU/EEA citizen’s rights post-Brexit

The Independent Monitoring Authority (IMA), a new body which has been established to protect EU/EEA citizen’s rights post-Brexit, is concerned about the Home Office’s delay in processing EU Settlement Scheme applications and the risk this poses to many applicants. It is important to note that those that apply under the Scheme before the deadline will retain their right to reside in the UK even if they do not receive a decision prior to 30 June 2021.

Additionally, EU/EEA and Swiss citizens as well as their eligible family members who plan to work in the UK after 30 June 2021 will be required to demonstrate their right to work. For those who applied under the EU Settlement Scheme, they will need to prove that they hold either Pre-settled or Settled status under the Scheme. Alternatively, they will need to prove that they hold a valid visa under a different category of the Immigration Rules that grants them a right to work. However, employers will not need to carry out retrospective Right-to-Work checks on existing employees after the 30 June 2021 deadline.

Whilst applications under the EU Settlement Scheme will continue to be accepted after the 30 June 2021 deadline, individuals will be required to demonstrate and evidence ‘reasonable grounds’ for the late submission of their application. These cases will be decided at the Home Office’s discretion on a case-by-case basis.

Gherson therefore strongly recommends all eligible EU, EEA and Swiss citizens, as well as family members, to apply under the EU Settlement Scheme at the earliest opportunity, in order to preserve their right to live and work in the UK after 30 June 2021.

Gherson has a wealth of experience advising clients applying under the EU Settlement Scheme. If you have any questions or queries regarding your immigration matters, please contact us for advice and to discuss your specific circumstances. Send us an e-mail, or alternatively, follow us on Twitter 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.

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