All members of the European Economic Area (EEA) or Switzerland do not have automatic free movement rights within the UK after 31 December 2020. This means that they have to apply for EU Settlement scheme.  

When you should apply by

After 30 June 2021 you might be asked to prove your right to do things like get a job or use the NHS. You’ll be able to do this by showing you have ‘pre-settled status’ or ‘settled status’ under the EU Settlement Scheme, or British citizenship. 

Getting your status will prove your right to:

  • stay in the UK for more than 3 months
  • work
  • study
  • use the NHS
  • claim the State Pension
  • rent a home

What you need to apply for depends on how long you’ve lived in the UK and if you’ve applied to stay in the UK before.

If you've lived in the UK for less than 5 years

You should apply to the EU Settlement Scheme for pre-settled status. You only need to prove you’ve lived in the UK for 1 day in the last 6 months to get it. 

You can apply for pre-settled status as long as you move to the UK before 31 December 2020.

If you get pre-settled status, you can live and work in the UK for up to 5 years. After you’ve lived in the UK for 5 years, you should apply for settled status to stay for longer. 

You can spend up to 2 years outside the UK without losing your pre-settled status. But, if you want to apply for settled status later, you need to:

  • have lived in the UK for 5 years in a row
  • prove that you lived in the UK for 6 months out of every 12 months during those 5 years

The 5 years can include time before you got pre-settled status.

If you've lived in the UK for 5 years or more

You should either apply to the EU Settlement Scheme for settled status or for British citizenship.

If you get settled status, you can:

  • live and work in the UK for as long as you like
  • live outside the UK for up to 5 years in a row without losing your status - 4 years if you're Swiss
  • bring your family to live in the UK

You might also find it easier to apply for British citizenship if you have settled status.

If you have a 'Permanent residence' document 

This is sometimes called a ‘document certifying permanent residence’.

Your permanent residence document will not be valid after 30 June 2021. You need to apply now for either settled status or citizenship to protect your rights in the UK after that date.

You’ll have the same rights with settled status that you had with permanent residence. 

If you have 'indefinite leave to remain' or 'indefinite leave to enter'

You don't need to apply to stay in the UK if you have indefinite leave to remain or to enter. 

However, if you need to live outside the UK in the future, you could apply to the EU Settlement Scheme for settled status. You can live outside the UK for 5 years without losing your settled status. With indefinite leave to remain, you can only live outside the UK for 2 years.

If you or your child were born in the UK

If you were born in the UK, you might not need to apply to stay - you might already be a British citizen. Your child might be a British citizen if you lived in the UK for 5 years before they were born.

If you're an Irish citizen

You don’t need to apply to stay in the UK - you’ll still have the right to stay after Brexit. 

If you have family in the UK who aren't British or Irish citizen

They need to apply to the EU Settlement Scheme or for Irish citizenship to stay in the UK. 

If they are citizens of a country outside the EU, EEA or Switzerland, you can help them apply to the EU Settlement Scheme by applying yourself and linking your applications. 

You don’t need to apply, but it will make your family member’s application easier if you do. This is because they might not have to prove how long you’ve lived in the UK. 

If you apply it will also be easier for your family member to stay in the UK if they arrive after 30 June 2021. If you apply first, your family member will also be able to apply to the EU Settlement Scheme, instead of applying for a visa which is more difficult and expensive.

If you’re applying to the EU Settlement Scheme and linking your application to your family member’s application, you’ll need to have been living in the UK before 31 December 2020. Your family member might also need to show their relationship with you started before 31 December 2020.

Family Members

If you are an EEA national and have a right to live in the UK, your family members may join you here. Your family members are defined as:

  • - your spouse (husband or wife) or civil partner
  • - any children or grandchildren of you, your spouse or your civil partner who are under 21 years of age or who are dependent on you
  • - the parents or grandparents of you, your spouse or your civil partner

Family Members who are not EEA Nationals

If your family members are not EEA or Swiss nationals, they may need to apply for an EEA Family Permit before they can come to the UK. An EEA Family Permit is valid for 6 months and they can apply for pre-settled status whilst in the UK, family members must be in the UK by 31 December 2020.

We can advise on whether you need to apply for a visa and depending on your circumstances, the best option for you and your family members.

Professional fees:

Normally, instructions in respect of all UK immigration matters are undertaken on the basis of an agreed fixed fee having consideration of the complexity of the matter and the level of expertise involved. All disbursements are additional such as the Home Office / Visa application fee and Immigration Health Surcharge fee. If we are unable to agree a fixed fee, our standard hourly rate will be £300 plus vat equating to £360 (if applicable).

Our agreed fixed fee usually includes meeting with one of our experienced solicitors to establish the details of your case, advice on your option(s) and merits in the matter, guidance in collating supporting and relevant documents; preparing and submitting the application/representations with the Home Office / British High Commission in your home country and advising you on the likely outcome(s) of your matter.

Time scale:

Upon receiving instructions, we will provide you with an initial list of documents. Thereafter, we shall provide a comprehensive list of documents tailored to your individual circumstances. If your matter is urgent it will be dealt with as a priority. As soon as we have received the requested information and supporting documents and we have reviewed your matter, we shall prepare and submit your application with the relevant Immigration department bearing in mind applicable deadlines. The timescale on when a decision will be received will depend on the type of application being made and backlog of the decision making body. On average it may take 6-9 months to get a decision from the Home Office. We shall keep you informed of the progress of your matter throughout the entire application process.

Please contact us today for further advice and assistance on 020 3002 9147, 075 8293 2830 or email us at info@aschfordslaw.com.