But what it’s basically saying is that there are certain EU citizens who get to keep their EU law rights, and whose family members are therefore covered by the EU Settlement Scheme, even though they have become British citizens. I’ve been granted settle status a month ago. Your family members might be able to apply to the scheme if you started living in the UK by 31 December 2020. The lack of in-depth data around these applications makes it difficult for any solid conclusions to be drawn, but we can note the following. Did you know that family members in this instance can include non-EU nationals who, due to their family circumstances, might also be eligible to apply? To date, there have been 205,990 applications to the scheme by non-EEA nationals (with 151,160 concluded decisions), meaning that NEFM currently represent about 5.5% of the total number of applications to the scheme (as at June 2020). Necessary cookies are absolutely essential for the website to function properly. If you're an EU, EEA or Swiss citizen, your family might be able to apply for pre-settled or settled status from the EU Settlement Scheme. Tell us how it went. Queries regarding applications under the settlement scheme, EEA residence and UK nationality. 89: 92: Online info session for EU citizens and their non-EU family members - August 5th. We'll assume you're ok with this, but you can opt-out if you wish. I want to go to the UK/EU for a short stay We had one client just before lockdown and she said that she was only applying because the Jobcentre had told her she needed to – she had no idea; she has lived in the UK for 10 years. If the family member can show evidence that they have been residing in the UK, even if it is for a short period of time, then they should apply. Required fields are marked *. The UK in a Changing Europe uses cookies to improve your browsing experience. Aside from the obvious family members of EU nationals, such as non-EU spouses, civil partners and their children, the scheme will also be open to ‘extended family members’. (Immigration Advisor, Norfolk). Citizens of Iceland, Liechtenstein, Norway and Switzerland are also eligible to apply under the EUSS scheme. We would also like to set optional analytical cookies to help us improve the website, but we will not set optional cookies unless you accept them. These cookies will be stored in your browser only with your consent. Third, there is a high number of refusals among this group of NEFM. Their non-Irish, non-British family members will need to apply to the EU Settlement Scheme if they want to stay in the UK. The table below shows the number of applications by those with derived rights received and concluded by the Home Office between August 2018 and June 2020. This includes non‑EU family members. First, we suspect many NEFM are not applying for the scheme. This may help to explain a higher incidence of pre-settled status. The EU Settlement Scheme provides a basis, consistent with the Withdrawal Agreement with the European Union reached on 17 October 2019 and with … This requirement means a much more complex immigration route for Zambrano carers with application costs starting at £1,033, but it offers more certainty given the high refusal rates under EUSS. Learn how your comment data is processed. This will mean you can continue living in the UK after 30 June 2021. Despite representing such a small number of the total applications (NEFM applications are just 5.5% of the total applications) this group represents 50% of the total refusals for the entire scheme. Both family permits are designed for non-EU family members of EU citizens living in the UK, who have not yet entered the country. Included in these changes are provisions in Appendix EU which allow EEA or Swiss citizens resident in the UK prior to 31 December 2020 to be joined by their family members under Appendix EU. I am non EEA, married to EEA citizen for more than 5 years and lived in UK more than 5 years. This increases to 61% in the case of so-called Zambrano carers (named after an ECJ case of that name) – situations where the NEFM’s residence in the UK is derived from being the carer of an EU national child. If you are not an EU national, but you are married to one or you are a child or parent of an EU/EEA or Swiss national living in the UK who has settled or pre-settled status, you can also apply for a settled or pre-settled status under the EUSS scheme to regularise your status in the UK. Except in a few cases, you need to apply if: you’re an EU, EEA or Swiss citizen you’re not an EU, EEA or Swiss citizen, but your family member is The EEA includes the EU countries and also Iceland, Liechtenstein and Norway. In its updated guidance, published in May 2019, the Home Office introduced a requirement that Zambrano carers must have attempted an application under UK immigration rules (such as an Appendix FM application or any other ECHR Article 8 route, which are UK immigration application routes for those non-EU nationals seeking to enter or remain in the UK on the basis of their family life with a person who is a British citizen) before an EUSS application can be made. In March 2019, the settlement scheme will be fully open to the public for all eligible applicants. If you’re an EU, EEA or Swiss citizen, you and your family can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. The EU Settlement Scheme was introduced by the UK government as a mechanism through which EEA nationals and their qualifying family members may apply for status in the UK. Aside from the above criteria, to be eligible to apply, you must be in the UK on or before 31 December 2020 and you have until 30 June 2021. British nationals with non-EU family members. The scheme is available to relevant family members of a British citizen who has exercised their free movement rights under EU law for more than 3 months elsewhere in … After 30 June 2021 they will no longer be valid and no new applications will be accepted. Zambrano carers are not alone. by Site Admin. My question is 3. Published 29 March 2019 Brexit This means that applications from non-EU/EEA family members currently represent about 5.5% of the total number of applications to the scheme received. That is because of a Court of Justice of the European Union case called C-165/16 Lounes. Those family members can include non-EU nationals who, due to their family circumstances, might also be eligible to apply. A valid telephone number. Second, among those who have applied, NEFM are receiving higher levels of pre-settled status (as opposed to settled status for those who have been in the UK for five years) than any of the other groups (EU nationals, EEA-EFTA nationals, and Swiss citizens), with 96,250 NEFM receiving pre-settled status and only 50,550 settled status as of June 2020. When I filled application on the start it was the option to check that identity verification by post which I checked, however at the end of application I was not directed to post ID document. The EU Settlement Scheme Family Permit is available to non-EEA citizens who wish to travel to and enter the UK in order to join or accompany a close family member who is a relevant EEA citizen, including EEA or Swiss nationals with ‘settled’ status or ‘pre-settled’ status under the EU Settlement Scheme.. EU Settlement Scheme Family … All of this is made more complex by that fact that immigration advice services have had to switch to online services during Covid-19, adding a further logistical challenge of supporting a client remotely with their paper application. However, as the first anniversary of the opening of the settlement scheme draws near, we expect to see an increasing number of EU/EEA nationals applying for naturalisation with settled status, most of them totally unaware of the consequences this decision could have on any family members, including spouses, who have not been granted settled status,” says UKCEN founder … I’ve applied online on 30 March, right after my husband applied and linked my application to his with the application number he had. The figures available illustrate the complexity of non-EU family member applications compared to those of EU nationals which by comparison are undertaken via an online platform with only a 0.04% refusal rate. The EU Settlement Scheme takes the same approach, disregarding a person’s lawful UK residence (for example, time spent as a Tier 4 student) before they became a family member. Your email address will not be published. The easiest way for a NEFM to apply for EUSS is by linking their application to one already made by their EU family member who must have themselves been granted pre-settled or settled status. Except in a few cases, you need to apply if: you’re an EU, EEA or Swiss citizen you’re not an EU, EEA or Swiss citizen, but your family member … Through this permit, although it is not a visa, these individuals who are related to EU nationals will be able to freely enter the UK and move around the EEA member states. The transition period is coming to an end in December 2020, and EU nationals and their family members need to make an application to the UK’s EU Settled Status (EUSS) scheme before the end of the grace period in June 2021. Extended family members also are excluded from the EU settlement scheme for applications abroad as … The EU settlement scheme legislation states: Appendix EU (Family Permit) FP1. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Specialist Immigration Advice Regulated by the OISC, British Council Accreditation For Student Services, Canada Registration Authority Immigration Advisors, Tier 2 UK Overseas Qualified Nurses (OQN), Tier 2 UK Intra Company Transfer Visa (Sub-Categories), Tier 4 UK Doctorate Extension Scheme Visa, Tier 5 UK Government Authorised Exchange Visa, Indefinite Leave to Remain (ILR) or Settlement, Replacement Biometric Residence Permit (BRP) Application, Fast Track Same Day UK Immigration Applications, Sponsorship Application for UK Immigration, Travel by Car to European Countries After Brexit: Everything You Need to Know, Brexit: EU countries may ban UK nationals next year, Post Study Work Options: How to Get a Work Visa in Slovakia After Studies, evidence of your relationship to your EEA family member, for example, a marriage certificate, civil partnership certificate or birth certificate, your EEA family member’s EU Settlement Scheme application number, if they have one, you’re an EU or EEA citizen and you became a British citizen after moving to the UK, you lived in the EU with that family member while the UK was part of the EU and you were working or studying. 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