eu settlement scheme
📖 What is eu settlement scheme? Meaning and definition
The EU Settlement Scheme (EUSS) was established to provide a way for EU, EEA, and Swiss citizens, and their family members, to secure their residence rights in the UK following its departure from the European Union. Under the scheme, individuals can apply for either 'settled status' or 'pre-settled status', depending on how long they have lived in the UK. Settled status is generally granted to those who have completed a continuous qualifying period of residence, typically five years, while pre-settled status is for those who have not yet reached this threshold but were resident by the specified date.
Applications under the EUSS are made under Appendix EU to the Immigration Rules. The scheme requires applicants to meet specific criteria, such as proving their relationship to an EEA national (for family members) and demonstrating a continuous period of residence in the UK. For example, a spouse of an EEA national with settled status would need to show they were married by the specified date, which was 31 December 2020, to qualify under certain provisions.
The EUSS is crucial for many individuals as it determines their legal right to live, work, and study in the UK. Decisions made by the Secretary of State regarding EUSS applications can be appealed, often initially to the First-tier Tribunal, and then potentially to the Upper Tribunal if there are grounds for further appeal. These appeals frequently revolve around whether the applicant has met the requirements, such as providing sufficient evidence of continuous residence or proving a qualifying relationship by the specified deadline.
It's important for applicants to provide comprehensive evidence to support their claims, as a lack of recent documentary evidence, for instance, can lead to a refusal on the grounds that a continuous qualifying period of residence has been broken. The scheme aims to regularise the status of those who were living in the UK under EU free movement laws.
📋 Requirements
- Being an EU, EEA, or Swiss citizen or a family member of one.
- Meeting specific relationship criteria, such as being a spouse or durable partner of an EEA national by a specified date (e.g., 31 December 2020).
- Demonstrating a continuous qualifying period of residence in the UK.
- Providing sufficient documentary evidence to support the application, such as proof of residence or relationship.
📝 Procedure
- An individual submits an application under the EUSS, typically seeking settled or pre-settled status.
- The Secretary of State for the Home Department assesses the application against the requirements in Appendix EU to the Immigration Rules.
- If the application is refused, the applicant may appeal the decision to the First-tier Tribunal.
- If the First-tier Tribunal's decision is challenged, either party may seek permission to appeal to the Upper Tribunal.
💡 Examples
- An Albanian national applied under the EUSS as the spouse of an EEA national with settled status, but their application was refused because they married after the specified date of 31 December 2020.
- A Bulgarian citizen's EUSS application for pre-settled status was refused because they failed to provide evidence of a continuous qualifying period of residence, with their most recent documents dating back several years.
- An appeal against a refusal of an EUSS application was allowed by the First-tier Tribunal, but the Secretary of State then appealed that decision to the Upper Tribunal.
- An applicant appealed under the Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020 after their EUSS application was refused due to insufficient evidence of continuous residence.
📚 Legal basis
- Immigration (Citizens' Rights Appeals) (EU Exit) Regulations 2020
❓ Frequently asked questions
What is the difference between settled and pre-settled status under the EUSS?
Settled status is generally granted to those who have completed a continuous qualifying period of residence of five years in the UK. Pre-settled status is for those who have not yet reached this five-year threshold but were resident in the UK by the specified date.
What happens if my EUSS application is refused?
If your EUSS application is refused, you typically have the right to appeal the decision. This appeal process usually starts with the First-tier Tribunal and can, in some circumstances, proceed to the Upper Tribunal.
Can family members of EU citizens apply to the EUSS?
Yes, family members of EU, EEA, or Swiss citizens can apply under the EUSS, provided they meet specific criteria, such as proving their relationship and that it existed by a specified date, like 31 December 2020 for spouses.
What kind of evidence do I need for an EUSS application?
You need to provide evidence to show you meet the scheme's requirements, such as proof of your identity, your relationship to an EU/EEA/Swiss citizen (if applicable), and evidence of your continuous residence in the UK, like utility bills, bank statements, or employment records.
What is the 'specified date' for EUSS applications?
The 'specified date' is a crucial deadline, often 31 December 2020, by which certain conditions, such as a marriage or durable partnership, needed to be established for an applicant to qualify under particular provisions of the EUSS.
Where can I find the rules for the EU Settlement Scheme?
The rules for the EU Settlement Scheme are primarily found in Appendix EU to the Immigration Rules. These rules detail the eligibility criteria and requirements for settled and pre-settled status.