EEA Nationals & their family member’s right to live & work in the UK have changed. The Settlement Scheme will close in June 2021 and all EEA nationals including their family members are being treated as those from Non-EEA States.
The free movement rights ended on the 31st December 2020, and we still find EEA nationals struggling to understand the new changes.
The point based system has changed and now have incorporated those from EEA States. This would all EEA nationals to live, work & study in the UK. Irish nationals have special arrangements with the UK and can live & work in the UK without any restrictions.
Due to the current changes, your employer may ask you to prove your right to work in the UK, therefore applying under the Settlement Scheme before it closes should be adhered to.
EEA Nationals & Family Members arrival date 31 December 2020
As an EEA national or a family member, you will be required to apply under the EEA Settlement Scheme if you have arrived & are resident in the UK unless you’re a close family member of an EEA national.
Understanding the EU Settlement Scheme
The introduction of the EEA Settlement Scheme is to allow EEA nationals & their family members to live, study & work in the UK. This is only open to those who have been in the UK prior to the changes applied.
The application is applied through the Home Office website (contact us on email@example.com or call our team on 0207 237 3388) if you require legal help.
During the application process, the Home Office may contact you to provide further evidences and information. If the application is successful, they may allow you to be granted settled or pre-settled status. The decision which sits with the Home Office will depend on the evidences provided.
Once granted under the Settlement Scheme, you would be allowed to remain in the UK and if you have not been granted indefinite leave to remain, then after completing the periods of the residency, would be able to apply for the status and can then qualify for British Nationality.
The deadline of the application under the Settlement Scheme is 30th June 2021. If you have applied for the Settlement Scheme prior to that date, then you can continue to work in the UK. Those who apply for the scheme after this had expired, will not be allowed to apply under the scheme, and must apply under the new changed immigration policy.
If you arrived in the UK after 31 December 2020
Those arriving to the UK after the cut off date will not be permitted to apply the EEA Settlement Scheme. There are some transitional arrangements, however you must prove that you meet the requirements.
The new point based system is applicable to all EEA nationals and their family members to apply, which includes studying, work or start a business in the UK. You can only visit the UK and would not permit to do any activities.
As with Non-EEA nationals, you & your family members will need to check which visa categories you would qualify and would have to apply for the visa before you make your travels to the UK.
Those wishing to work in the UK, must apply under the skilled worker visa, which allows you to be employed in the UK. Your employer must hold a sponsor licence. They must also meet the required criteria in order to sponsor you. In short, those are the requirements to be met:
Your employer in the UK, must offer an employment for you and must sponsor you for the visa application.
The job must be at an appropriate salary and skills.
The genuine vacancy test must be applied.
Must meet the English language requirements.
There are other working visas that you can apply, for example Tier 1 Start-Up Visa, Tier 1 Innovator Visa, Tier 1 Investor Visa, Global Talent Visa.
Other immigration categories such as studying in the UK, family route and also right to remain in the UK visas are open to apply.
If you would like to take some legal advice, please contact us on 0207 237 3388.
Author: ICS Legal
Last Updated: 21 February, 2021 | 12:00:00 PM