Following Brexit, we have seen the introduction of the new Immigration Rules, referred as Pre-Settled Status and Settled Status. The legal policy was introduced on 31st October 2019, following the agreement reached on the 17th of October 2019. The pre-settled status scheme is for EEA nationals and non-EEA national family members.
The EU Settlement Scheme provides a basis, consistent with the draft Withdrawal Agreement with the European Union reached on 17 October 2019 and with the citizens’ rights agreements reached with the other European Economic Area (EEA) countries and Switzerland, for resident EEA and Swiss citizens and their family members to apply for the UK immigration status which they will require in order to remain here beyond the end of the planned implementation period on 31 December 2020.
The EU Settlement Scheme will also be the basis on which EEA and Swiss citizens resident in the UK before exit and their family members will be able to apply for UK immigration status in order to remain here in the event of the UK leaving the European Union without a deal.
The immigration status granted under the EU Settlement Scheme, under Part 1 of Appendix EU, is either indefinite leave to enter (ILE) (where the application is made outside the UK) or indefinite leave to remain (ILR) (where the application is made within the UK) – also referred to for the purposes of the scheme as ‘settled status’ – or 5 years’ limited leave to enter (LTE) (where the application is made outside the UK) or 5 years’ limited leave to remain (LTR) (were the application is made within the UK) – also referred to as ‘pre-settled status’.
In all immigration applications, the Home Office will conduct suitability of leave to enter or remain. You must ensure that the pre-settled status application contains all correct and relevant information. If you provide misleading information, representations or documents, then your application will be refused and a ban will be applied. This may also result in your removal from the UK or deportation.
Where you have committed a criminal offence or committed a civil conviction, this could impact your immigration application. Depending on the severity of the offence, this would impact the application.
Applying for pre-settled status application
The pre-settled status application can be applied online or by post. There are no Home Office fees associated to the application. The application for the pre-settled status is similar to an EEA residency card, however the policy now exists under the Immigration Rules. This grants a person a period of leave to enter or remain for 5 years.
Some of the applications under the pre-settled status cannot be applied online or by post, such as a family member of a British citizen who have lived at a member state, or the primary carer of a British citizen to name some of the categories that cannot apply online.
For the application as a pre-settled status to be treated as valid, you must follow the correct application process, must provide evidences of your identity, the relevant evidences to support your application and the required biometric information.
Depending on your immigration status, you may need to apply online or using a prescribed immigration form. The pre-settled status application form is available in the Home Office website. Failure to provide the specified evidences as outlined under the Immigration Rules, your application can be rejected and there are no right to appeal against the decision.
Once the application is applied using the correct process, the Home Office will issue a “certificate of application”, which confirms that an application is live and valid. It does not give any confirmation of your legal status.
You must not have more than one immigration application live when you apply. The Home Office will contact you if this has happened and would be asked to withdraw one of the applications. The variation policy under the Immigration Act 1971 will be applied here.
As part of your pre-settled status immigration application, you will need to provide evidences of your residency and grounds on how you are a qualified person, as previously outlined under Regulation 6 of the EEA Reg 2016. In the application for the pre-settled status, you must include evidences to support your application.
Family members applying for pre-settled status
The new pre-settled status allows family members to apply under the Immigration Rules. These includes but not limited to spouse, civil partner, durable partner, children under 21 years of age, dependent children over 21 years of age, dependent parent and dependent relative prior to leave granted before 1st February 2017.
The application for the pre-settled status requires you to submit evidences to support the application, for example, if you are married, then you must include evidences of a marriage certificate, evidences of your relationship and the intention to live together as husband and wife in the UK.
If the pre-settled status as an EEA family member is granted, you will be given leave to remain for 5 years. After the 5 years completion, they will be eligible to apply for settled status in the UK, also referred as permanent residency.
Refusal of a pre-settled status application
If your application for a pre-settled status is refused, you will be able to appeal against the decision. You will have 14 days to lodge an appeal against the decision and the Home Office will reconsider their decision. The matter could be listed at the First Tier Tribunal.
When challenging against the refusal, you will be asked to complete the claim form, submit the legal grounds and evidences.
We recommend that you take some legal advice at first, to see whether the decision was reached correctly or not. You can email us a copy of the decision letter to firstname.lastname@example.org.
As part of our process, we will advise whether you should appeal the decision or re-apply for the EEA pre-settled status application. We will explain our reasons on why you should either appeal or submit a new application.
Legal advice for the pre-settled status application
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