eu settlement scheme for non eu family members

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. 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 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. These derivative right holders have to make their EUSS application on paper (unlike the largely digital-only pathway for other applicants to the scheme). Organisations we spoke to report that these more complex applications take much longer than the digital application of EUSS for other groups, not least because a paper form must be requested. Under EU law, the non-EU citizen cannot derive any residence rights until they become a family member. 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 UK in a Changing Europe uses cookies to improve your browsing experience. If a non-EU family member intends to reside with their EU family member in the UK, then they should make an application under the EU Settlement Scheme as soon as practicably possible. However, new statistics released by the Home Office last week show a significantly high refusal rate for NEFM applying under the EU Settlement Scheme (EUSS). (Immigration Advisor Suffolk, ‘Surinder Singh’ application). 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 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. First, we suspect many NEFM are not applying for the scheme. 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Travel and Immigration Writer and Client Relationship Manager, What to Do Post Brexit as an EEA National - EU…, EU Citizens Staying in the UK After Brexit, EU Settlement Scheme: EU Citizens Staying in the UK…, Brexit: Record Number of Residence Registrations, Brexit: Germany finalises rights of British…, Greece: Lockdown and International Travel, Post Study Work Options: Getting a Work Visa for Liechtenstein. Non-EU citizen family member Please see the settlement scheme eligibility requirements to see which ID document you need to provide. 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’. Tell us how it went. Some suggest this could be because of the increased evidential burden placed on NEFM involving more complex areas of immigration law, potentially resulting in some people not receiving the correct status to which they are entitled. 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 … 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? Hi I was wondering if you can help. 03-08-2020, 02:33 PM. If you need help with your EU Settlement application, do not hesitate to contact us. EUSS scheme, as they have right to residence under Common Travel Area (Please note that their non EU/EFTA/Swiss family members would need to apply!) 2. Refusals under this category mean in reality that a British child might need to leave both the UK and the EU with their non-EU parent/carer. 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. Your documents will be electronically scanned and verified for you. I am a non-EU spouse of an EU national. 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. Zambrano carers are not alone. This guidance provides information for non-EEA citizen family members of EU, EEA and Swiss frontier workers to apply to the EU Settlement Scheme. I am worried about those who had derivative rights for many years now under EEA regulations and who think that they do not need to apply for EUSS. © 2021 IAM (Immigration and Migration) | UK. Irish citizens do not need to apply, but they can if they want to. In March 2019, the settlement scheme will be fully open to the public for all eligible applicants. A valid telephone number. As we all know, the Brexit transition period is just around the corner. 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. The EEA family permit is designed for family members of EU nationals who are permanent residents in the UK. EU SETTLEMENT SCHEME FAMILY PERMIT. 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. In the UK, you must then apply to the EU settlement scheme. Additional documents will be required if you are a child, grandchild, parent or grandparent of the EU national. 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 … 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. The EU Settlement Scheme provides a basis, consistent with the Withdrawal Agreement with the European Union reached on 17 October 2019 and with … The EEA family permit is ending. In the EU, check with your host country’s authorities whether you have to register and if it is mandatory to apply for a new residence status. Your previous posts suggest you are a non EU citizen divorced from your EU spouse. Citizens of Iceland, Liechtenstein, Norway and Switzerland are also eligible to apply under the EUSS scheme. Statistics available at: https://www.gov.uk/government/statistics/eu-settlement-scheme-quarterly-statistics-june-2020. I am non EEA, married to EEA citizen for more than 5 years and lived in UK more than 5 years. This waiting time for decisions is significant for those who might need to appeal their decision or might need time to secure further evidence to support their application with a cliff-edge deadline in which to apply. Published 29 March 2019 Brexit The Statement of Changes In Immigration Rules HC 813, published on 22 October 2020, sets out significant changes to the Immigration Rules. We also use third-party cookies that help us analyze and understand how you use this website. One application I submitted in October 2019, the decision came back in March 2020 – the process was a lot longer and much more complex but in this instance the outcome was positive which was good news as the waiting time was very stressful for my client. But opting out of some of these cookies may have an effect on your browsing experience. I have 6 months EEA family permit. 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. My parents are non EEA as well. This category only includes cookies that ensures basic functionalities and security features of the website. We'll assume you're ok with this, but you can opt-out if you wish. Your family members who are citizens of countries outside the EU, EEA or Switzerland might be able to apply to the EU Settlement Scheme if one of the following applies: you’re an EU or EEA citizen and you became a British citizen after moving to the UK It also depends on when they arrived in the UK and how they’re related to you. EU Settlement Scheme (EUSS) Family Permit for Spouse Perhaps, a spouse of a relevant EEA citizen can apply for EU settlement scheme family permit if the marriage contracted before the specified date. You can still apply for the EEA family permit if … 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). There are also Chen carers (a primary carer of a ‘self-sufficient’ EEA national child) and Ibrahim/Teixeira cases (the child of an EEA national worker/former worker where that child is in education in the UK and the primary carer of the child) and ‘Surinder Singh’ spouses (non-EU spouses married a UK national, who went to another EU state with their spouse and then returned to the UK). For more information and advice on US immigration, UK immigration law and US visa applications or if you need any help or assistance please, reach out to your Visa Coordinator at IaM. 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 … 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. Topics: 5,450 Posts: ... Online info session for EU citizens and their non-EU family members - August 5th. The easiest way to apply for non-EU/EEA family members under the EU Settlement Scheme is by linking their application to the one already made by their EU family member who must have themselves been granted pre-settled or settled status. This group is often referred to as ‘non-EU family members of EU nationals’ (NEFM) – a clunky label, but not an insignificant group. And also, if the applicant was the durable partner of the relevant EEA citizen before the specified date. 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. By Professor Catherine Barnard, senior fellow at The UK in a Changing Europe and Fiona Costello, research associate, University of Cambridge. After 30 June 2021 they will no longer be valid and no new applications will be accepted. 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. In order to be eligible to use the EU Settlement Scheme as a non-EEA citizen, you will need to have a relative who is either a British, EU, EEA or Swiss citizen themselves or is in a … The EU Settlement Scheme is designed to offer EU and non EU-nationals and their family members an opportunity to obtain status in the UK before the end of the transition period i.e., 31 st December 2020.. EU citizens living in the UK by 31 st December 2020 are required to apply to the EU Settlement Scheme by 30 th June 2021 in order to retain their residence rights. 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 … Queries regarding applications under the settlement scheme, EEA residence and UK nationality. This will allow them to continue living here once the UK has left the EU. The EU Settlement Scheme (EUSS) Family Permit – this covers immediate family members of EEA citizens who have been granted settled or pre-settled status, under the EU Settlement Scheme. Have you settled your status in the UK? 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. 89: 92: Online info session for EU citizens and their non-EU family members - August 5th. Your email address will not be published. (Immigration Advisor, Norfolk). You also have the option to opt-out of these cookies. 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. I am aware that via the eu family permit settlement scheme, close family members can join their families. Learn how your comment data is processed. These cookies will be stored in your browser only with your consent. 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. I want to go to the UK/EU for a short stay However, there may be difficulties over evidential requirements to prove the existing relationship, or delay in processing these applications at different times. 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. Can you point us to refusals you were referring as it … Extended family members also are excluded from the EU settlement scheme for applications abroad as … 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. 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