Apply to the EU settlement Scheme – ICS Legal

If you are 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. When your application is successful, you will get either settled or pre-settled status.

If you are an Irish citizen or have Indefinite Leave to Remain, you may be able to stay in the UK without applying. The deadline for applying is 30 June 2021.

You will need to be living in the UK before it leaves the EU to apply. The deadline for applying will be 31 December 2020.

Who needs to apply for the EU settlement scheme​

You need to apply if you are an EU, EEA or Swiss citizen. However, when you are not an EU, EEA, or Swiss citizen but your family member is, then you are eligible to apply.

You are able to apply if you were born in the UK but you are not British citizen. Besides, when you have a UK permanent residence document you can apply. If you are an EU, EEA or Swiss citizen with a British citizen family member you are able to apply.

You do not need to apply if you have indefinite leave to enter the UK. Besides, you are not required to apply while holding Indefinite Leave to Remain in the UK. If you have British or Irish citizenship, you are not required to apply.

If you are exempt from immigration control

You cannot apply to the EU Settlement scheme. Don’t need to do anything to continue residing in the UK while you are exempt from immigration control. You will have been told if you are exempt from immigration control, for instance, because you are a foreign diplomat posted in the UK and a member of NATO.

When you stop being exempt, for instance while changing jobs, you will usually require applying the scheme within 90 days. You will be eligible to apply after the deadline of 30 June 2021 as long as you were living in the UK before 31 December 2020.

The rights and status of EU and Swiss citizens living in the UK will remain the same until 30 June 2021 if the UK leaves the EU with a deal.

If you apply to EU Settlement successfully, you will be eligible to continue residing and working in the UK after 30 June 2021. You will be given either settled status or pre-settled status.

Bring your family members to the UK

Your close family members can join in the UK before 31 December 2020. They will require applying to the EU Settlement Scheme once you are here. However, you may still be eligible to bring family members after 31 December 2020. It will depend where you are from, when your relationship with your family member started, and whether the UK leaves the EU with or without a deal.

If the UK leaves the EU with a deal

In terms of being citizen of an EU country, Iceland, Liechtenstein, Norway or Switzerland to bring your close family members to the UK after 31 December, 2020 if your relationship with them began before 31 December 2020 or you are still in the relationship when they apply to join you.

If the UK leaves the EU without a deal

When you are an EU citizen, the deadline for close family member joining you in the UK is 29 March 2022. You will be eligible to bring them if your relationship with them began before the UK left the EU and if you are still in the relationship when they apply to join you.

Identification proof

You require a valid passport or national identity card. You also require providing a digital photo.

If you are not an EU, EEA, or Swiss citizen, you can use any of the following:

• Valid passport
• Biometric residence card
• Biometric residence permit

Document sending

You must send your document by post. If you have any other identity document, you can send it in the post if you cannot utilize the ID document check app. However, you will get your document back as soon as it has been scanned. This could be before you get your decision.

In terms of criminal conviction

If you are 18 or over, the Home Office will check you have not committed serious or repeated crimes. You will be asked to declare convictions that appear in your criminal record in the UK or overseas.

You do not require declaring any of following

• Convictions that do not need to be disclosed
• Warnings
• Alternatives to prosecution

If you have been convicted of a minor crime, you will still be eligible for settled or pre-settled status. Even if you have other convictions, you may still get settled or pre-settled status. This will be decided on a case-by-case basis. If you are in the prison you normally require 5 years continuous residence from the day you were released to be considered for settled states.

Apply to the EU settlement Scheme

The scheme is open. If you are eligible, you can apply now. The deadline for applying will be 30 June 2021 or 31 December 2020 if the UK leaves without a deal.

The home office will utilize the personal information you provide to decide whether to grant your application.

Who cannot use this service

If you are not an EU, EEA, or Swiss citizen, you cannot use the online service to apply to the scheme, and you are applying as:

• The family member of a British Citizen you lived with in Switzerland or an EU or EEA country that is not the UK
• The family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship
• The primary carer of a British, EU, EEA or Swiss citizen
• The child of an EU, EEA or Swiss citizen who used to live and work in the UK, and you’re in education – or you’re the child’s primary carer

Applying for your child

You can apply for settled or pre-settled status for your child if they are under 21 and either

• They are an EU, EEA or Swiss citizen
• They are not EU, EEA, or Swiss citizens, but you or ,your spouse or civil partner is

After you have applied

If your application is successful, a letter will be emailed to you confirming your settled or pre-settled status.

You will get a physical document if you do not already have a biometric residence card. The document you get under the EU settlement scheme proves your rights in the UK.

You will be eligible to apply for the UK citizenship 12 months after you have got the settled status.

Suppose you need any legal help with your settlement scheme. You can directly contact us with the EU settlement scheme. Our EU settlement scheme contact number is 0207 237 3388, or feel free to drop a mail at info@icslegal.com.

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