Immigration Corner | What is the EU Settlement Scheme?

Dear Mr Bassie,

I would like to know what the EU Settlement Scheme is and who can apply for it.

– IJ

Dear IJ,

The EU Settlement Scheme is a scheme for European Union (EU) citizens and their families to remain in the United Kingdom after it leaves the European Union due to ‘Brexit’.

Persons who are from the European Union, Switzerland, Norway, Iceland, or Liechtenstein and their families might be able to apply to the EU Settlement Scheme to continue living in the United Kingdom. They might also be able to apply if they are the family member of an eligible person of Northern Ireland. The deadline for most people to apply to the EU Settlement Scheme was June 30, 2021.

If persons and their families are from the EU, Switzerland, Norway, Iceland, or Liechtenstein, they can still apply if they or a family member were living in the United Kingdom by December 31, 2020. Those persons must also either meet one of the criteria for a later deadline to apply or have ‘reasonable grounds’ for not applying by June 30, 2021.

Persons can also apply if they already have pre-settled status, and if they are applying for settled status. They may be able to stay in the United Kingdom without applying, for example, if they are Irish citizens, or already have indefinite leave to enter or remain.

If the application is successful, applicants will get either settled or pre-settled status.

CRITERIA FOR LATER DEADLINES AND ‘REASONABLE GROUNDS’ FOR NOT APPLYING BY THE DEADLINE

As stated above, in some cases, persons can still apply after June 30, 2021. For example, if they are joining a family member who was living in the United Kingdom by December 31, 2020, the deadline will be based on when they arrived in the UK as long as:

• They were their family member by December 31, 2020 (this does not apply to children born or adopted after this date)

• The family relationship still exists when they apply

Persons can also apply if they can show ‘reasonable grounds’ (such as medical reasons or being the victim of domestic abuse) for why they did not apply by June 30, 2021.

Persons should check online if they can still apply to the EU Settlement Scheme, including further examples of what counts as reasonable grounds for not applying by the deadline.

PERSONS WHO ALREADY HAVE PRE-SETTLED STATUS

Persons who applied to the EU Settlement Scheme and were given pre-settled status need to apply for settled status before their pre-settled status expires.

Settled status will allow persons to stay in the UK for as long as they like. Persons can usually apply for citizenship once they have had settled status for 12 months. Persons should check online to see what is needed to apply.

WAITING FOR A DECISION

Applicants will get a certificate of application after applying. The certificate will explain what it can be used for while they are waiting for a decision, for example, whether they can use it to prove their right to work in the United Kingdom. Persons should also check what they will need to do once they have got a decision on their application.

It should be noted that it is free to apply to the EU Settlement Scheme.

All the best.

John S. Bassie is a barrister/attorney-at-law who practises law in Jamaica. He is a justice of the peace, a Supreme Court-appointed mediator, a Fellow of the Chartered Institute of Arbitrators, a chartered arbitrator, global vice president of the Chartered Institute of Arbitrators and a member of the Immigration Law Practitioners Association (UK). Email: lawbassie@yahoo.com