As discussed in a previous blog, EEA nationals are being denied entry to the UK – why so? after 1 January 2021, the post-Brexit rules allow for EEA and Swiss nationals to arrive at the UK border and seek entry as visitors for up to 6 months at a time.
However, there is need for clarification on whether EU nationals (and EU national family members) who have applications still pending under the EU Settlement Scheme (“EUSS”) after 30 June 2021, are allowed to travel. If they are allowed to do so, clarification is required as to whether travelling affects the status of their pending application and whether they are able to re-enter the UK as a resident rather than a visitor.
With the looming deadline for applications to be submitted under the EUSS, the General Immigration Team at Gherson have sought clarification from the Home Office on the possibility of travelling while an application is pending under the EUSS.
EEA and Swiss Nationals
I am an EU national who has submitted a valid application for Settled / Pre-Settled status under the EUSS before 30 June 2021. I have not yet received a decision on the application and the application is therefore still pending. Am I able to travel and thereafter re-enter the UK after 30 June 2021 whilst my application is pending? If so, which document can I rely on to confirm my right to re-enter the UK?”
The Home Office have confirmed that all EEA and Swiss travellers may re-enter the UK via the production of their valid passports or national identity cards.;
The Home Office have confirmed that those EEA and Swiss citizens who have submitted an application under the EUSS prior to the 30 June 2021 deadline, which remains pending after 30 June 2021, will continue to have their rights protected by the Citizens’ Rights (Temporary Protection and Application Deadline) (EU Exit) Regulations 2020. This means that their right of residence as an EU citizen is preserved until a decision is made on the application.
Additionally, EEA travellers are able to use the e-gates in order to gain entry into the UK if they are travelling on their passports and have previously done so.
Non-EU Family Members
“I am a non-EU family member that has been granted an EUSS Family Permit and who has lawfully entered the UK on this basis. I have submitted an application after 30 June 2021. Am I able to travel and thereafter re-enter the UK, whilst my application is pending? If so, which document can I rely on to confirm my right to travel?”
An EUSS family permit holder may re-enter the UK as many times as they wish during the validity of their permit.
Provided that they have submitted a valid application under the EUSS within three months of entering the UK and before the expiry of their family permit, whichever is shorter, they will continue to have their leave extended by virtue of Section 3C of the Immigration Act 1971 until they receive a decision on their EUSS application. This means that the individual will remain in the UK lawfully until a decision is made on the application. EUSS applicants are technically permitted to travel whilst their application is pending. However, depending on the nationality of the applicant, they may have issues re-entering the UK. Advice should be sought before booking a trip outside the UK in these circumstances.
The General Immigration Team at Gherson has a wealth of experience in handling EEA immigration matters and would be delighted to hear from you if you require assistance, send us an e-mail, or alternatively, follow us on Twitter or LinkedIn to stay up-to-date.
The information in these blogs 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 these blogs. 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