Brexit & The EU Settlement Scheme
Following Brexit and the UK leaving the EU on 31 January 2020
EEA Nationals and Family Member applications and appeals that we can assist with:
- EU Settlement Scheme Family Permit
- EU Settlement Scheme Settled Status
- EU Settlement Scheme Pre-Settled Status
- EEA Family Permit
- Appeal against refusal of any of the above applications
After Brexit when the UK left the EU in January 2020, there was a “grace period” where most EEA rights remained until 30 June 2021. However, from 30 June 2021, anyone wishing to apply enter the UK has to apply for an EU Settlement Scheme Family Permit. Under this scheme applications are only accepted either by family members of existing EU Settlement Scheme status holders and by those upgrading their status, from pre-settled to settled status, or where the Home Office agrees that there were reasonable grounds for a late application. The only alternative for EEA/Swiss citizens and their family members not fitting any of these circumstances will be the domestic immigration routes.
Therefore, if you are an EU national and/or a family member who did not apply under the EU Settlement Scheme (EUSS) by 30 June 2021, you need to apply for alternative leave to remain under the domestic Immigration Rules, including the remodelled points-based system. If you did not apply by that date, then you will now be deemed an overstayer and liable for removal from the UK.
If you are an EEA national that has not secured leave to remain under the EU Settlement Scheme, the Home Office may accept there are reasonable grounds for your late application but the longer this is left then the more onerous and expensive it will become, whatever your circumstances.