The EU Settlement scheme is the UK’s government’s replacement for free movement regulations which permits EU nationals and their family members to relocate, work and study in the UK.

The UK left the EU on 31 January 2020 and is now in a transition period, due to end on 31 December 2020. The Government’s position is that EU nationals who move to the UK to live, work and study from 1 January 2021 will be treated, from an immigration perspective, in the same way as non-EU nationals are now.
Under the terms of the Brexit deal, freedom to move and live within the EU and UK will continue during a planned transition period until the end of 31 December 2020.

What is the EU Settlement Scheme?

The EU settlement scheme will allow EU nationals and their family members (EU or non-EU nationals) to continue living, working and studying in the UK during the Post-Brexit implementation period.

It will also allow EU nationals and their family members to carry on using NHS services and continue entitlement to public funds and state pensions.

Ultimately it will allow EU nationals and their family members to be eligible for Naturalisation as a British Citizen after having been granted settled status in the UK.

You can apply for a Standard Visitor visa if you want to visit the UK

Who Does it Benefit?

The scheme offers protection for EU citizens living and working here either before the end of the implementation period on 31 December 2020.

EU citizens and their families arriving in the UK after this date will not be eligible for the EU Settlement Scheme, depending on whether the UK leaves the EU with or without a deal. These individuals will have to apply for leave to remain under domestic immigration rules.

What is the EU Settlement Scheme?

The EU settlement scheme will allow EU nationals and their family members (EU or non-EU nationals) to continue living, working and studying in the UK during the Post-Brexit implementation period.

It will also allow EU nationals and their family members to carry on using NHS services and continue entitlement to public funds and state pensions.

Ultimately it will allow EU nationals and their family members to be eligible for Naturalisation as a British Citizen after having been granted settled status in the UK.

Who is Eligible?

The following people are eligible to apply:

  • EEA nationals
  • Spouses
  • Civil partners
  • Durable partners
  • Child, grandchild or great grandchild of an EU national or their partner
  • Parent, grandparent or great-grandparent of an EU national or their partner
  • Dependant relatives
  • Those qualifying for retained right of residence
  • Those qualifying through derivative rights

Who is Eligible?

Relevant Considerations

Your application will be approved if you meet the suitability requirements which are mainly related to your good character relating to any criminal record and certain eligibility requirements:

  • If you have completed 5 years’ continuous qualifying residence in the UK, you will have achieved settled status and be granted
    indefinite leave to remain (ILR)
  • If you have up to 5 years’ residence, you will be granted 5 years’ limited leave, known as pre-settled status

Continuous residence means that you must have spent at least 6 months in any 12 month period in the UK. Once settled status is granted, it can only be lost through an absence of 5 years from the UK, or if you commit a serious crime and are excluded from the country.

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What Happens if My Application is Successful?

The scheme offers protection for EU citizens living and working here either before the end of the implementation period on 31 December 2020.

EU citizens and their families arriving in the UK after this date will not be eligible for the EU Settlement Scheme, depending on whether the UK leaves the EU with or without a deal. These individuals will have to apply for leave to remain under domestic immigration rules.

What Happens if My Application is Refused?

In our experience refusals for settled or pre-settled status are rare, however in the unfortunate event that this was to happen, in most cases you can simply reapply, providing missing supporting documents if you have them.

The rules provide for a process of administrative review of a negative decision, however, this does not apply where the refusal is on suitability grounds (good character), in this case, judicial review will be the only appropriate solution.

While the rules are changing, our commitment to providing up to date legal advice to clients remains.

Our Expertise

Our specialist immigration solicitors will be by your side throughout all stages of your application. They will discuss your circumstances and present you with options on how to proceed. Legal advice should always be sought before an application is submitted.
Our Expertise

Why Choose Us?

Our solicitors have many years of experience in dealing with all types of visa applications. They will expertly guide you in all aspects of your immigration requirements and are ideally positioned to explain any complexities and can represent your position robustly in order to achieve your desired outcome.

How to Get in Contact

Please call us on 01234 350 244 or email us at info@dvsolicitors.com for further information and advice about our family visa application services. We will happily provide you with a free initial discussion about your individual circumstances.
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