The current deadline for EU, EEA and Swiss nationals to apply on the Home Office’s EU Settlement Scheme (“EUSS”) is 30 June 2021.
In order to continue living and working in the UK beyond 30 June 2021, EU, EEA and Swiss nationals must apply by this deadline for either Settled Status or Pre-Settled Status. Settled Status will usually be granted to citizens who have lived in the UK for a continuous period of five years, whereas Pre-Settled Status will usually be granted to those who have lived in the UK for less than five years in a row. To be eligible under the scheme, applicants must have started to live in the UK by 31 December 2020 (although an exception to this applies where the applicant is applying as a close family member of an EU, EEA or Swiss national who themselves started to live in the UK by 31 December 2020).
A grant of Settled Status means that there is no limit on how long you can stay in the UK, and if the relevant requirements are satisfied it may be possible to apply for British citizenship in the future. A grant of Pre-Settled Status, on the other hand, gives the successful applicant the right to stay in the UK for a further five years from the date the Pre-Settled Status is granted. Anyone with Pre-Settled status can make a further application to the Home Office to switch to full Settled Status as soon as they can show five years’ continuous residence.
The concern that has been voiced since the Home Office opened the EUSS is that eligible EU, EEA or Swiss nationals who, for whatever reason, fail to apply for their status before the 30 June 2021 deadline risk serious consequences, as they will be left without a valid UK immigration status as of 1 July.
Campaigners on behalf of EU citizens living and working in the UK have pointed to what have been called the “devastating” consequences of them becoming undocumented migrants overnight, including being liable to detention and removal. Parallels have been drawn with the well-documented Windrush scandal. As a result, legal proceedings were launched by the Joint Council for the Welfare of Immigrants to try and persuade the Home Office to extend the 30 June deadline so that anyone who missed it would not become undocumented and without status. Campaigners have drawn attention to the potential impact as regards people’s jobs and incomes, their accommodation, access to benefits and healthcare.
It has been reported that during these proceedings it was argued that the Home Office had not put sufficient safeguards in place to ensure that vulnerable EU citizens (such as older citizens or children) were well aware of the impending deadline and their need to submit their applications before it expired. However, the judicial review proceedings were dismissed, with the High Court stating that the Home Office had built in a grace period for those with reasonable reasons why they failed to apply before the deadline. The Home Office has yet to publish their policy on how long this grace period will last and how it will be operated.
The message is therefore clear – if you are eligible to apply for either Pre-Settled or Settled status – it is highly recommended that you apply to secure your status as soon as possible.
Gherson has a wealth of experience in all aspects of UK immigration law and has assisted many clients with their applications under the Home Office’s EU Settlement Scheme. If you have any specific questions or queries in respect of your particular circumstances or would like advice on your eligibility to apply for status under the scheme, please do not hesitate to contact us.
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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