EU Settlement Visa

The EU Settlement Scheme is an initiative by the UK government, designed to secure the immigration status of EU, EEA, and Swiss citizens, along with their family members, post-Brexit. It encapsulates a pathway for these individuals to apply for either pre-settled or settled status, ensuring their right to continue residing in the UK

Key to this process is the deadline of June 30, 2021, for applications, punctuating the urgency for eligible parties to secure their status. At BPA Immigration Lawyers, we specialise in guiding our clients through the EU Settlement Scheme, leveraging our expertise to navigate the complexities of immigration law and secure their stay in the UK.

Understanding the EU Settlement Scheme

Categories of Settlement Status

The EU Settlement Scheme delineates two primary categories: pre-settled status and settled status. Pre-settled status is designated for individuals who have resided in the UK for less than five years. Conversely, settled status is applicable to those who have lived in the UK for five years or more, allowing them the right to live and work indefinitely within the UK, access public funds, and potentially apply for British citizenship if they meet other criteria.

Eligibility and Rights

Eligibility for the EU Settlement Scheme mandates that applicants must have started living in the UK by December 31, 2020. This includes family members whose relationships began by the same date. Importantly, rights afforded under both statuses include working in the UK, free access to the NHS, the ability to enroll in education or continue studying, and eligibility for public funds. Additionally, both statuses allow for travel in and out of the UK. It’s crucial to maintain continuous residence as defined by the scheme to retain these statuses.

Application Process and Considerations

Applying for the EU Settlement Scheme requires proof of identity, UK residence, and a clean criminal record. The application is free, and those who apply receive a certificate of application, ensuring their rights are protected until a decision is made. It’s also vital for applicants to understand the implications of absences from the UK, as spending extensive time abroad can lead to the loss of their pre-settled or settled status. For comprehensive guidance and assistance through the application process, organisations like Citizens Advice and the Law Centres Network offer invaluable support.

Common Challenges and Legal Solutions

At BPA Immigration Lawyers, we recognise the complexities and challenges faced by applicants of the EU Settlement Scheme (EUSS). Our expert team is committed to providing legal solutions that address these issues effectively.

Challenges During the Transitional Period

The deadline for the EUSS was set for June 30, 2021, but the COVID-19 crisis has significantly impacted the support systems necessary for a smooth transition. Particularly vulnerable groups, including the elderly, children of EU citizens, and victims of domestic abuse, have faced hurdles due to reduced assistance. These individuals often struggle with accessing the necessary information and support to complete their applications correctly.

Issues with Pre-Settled Status

A noticeable increase in the grants of Pre-Settled Status, which does not guarantee permanent residency or access to welfare benefits, poses another significant challenge. The ambiguity around transitioning from Pre-Settled to Settled Status after five years adds to the uncertainty. Our lawyers assist clients in gathering the requisite documentation and provide representation in cases where the Home Office requests further evidence, ensuring that every application has the best chance of success.

Legal Interventions and Support for Vulnerable Groups

We are particularly concerned about children in care and victims of domestic abuse who may lack the necessary documentation to apply. Following the concerns raised by the Parliament Committee, our firm offers specialised legal services to help these vulnerable groups navigate the complexities of the application process. Additionally, we guide clients through the appeals process, which can be daunting, and provide support for those affected by the High Court ruling on the rights of EUSS status holders with less than five years of continuous residence.