The famous deadline of 31st December 2020 for EU, EEA and Swiss nationals to enter the UK to benefit from the more flexible rules under the EU Settlement Scheme has passed.
The UK Government has therefore implemented new rules to deal with those nationals and their family members.
If you are an EU, EEA or Swiss national, who arrived in the UK before 31st December 2020, you can apply for the pre-settled status (if you have lived in the UK for less than 5 years) or the settled status (if you have lived in the UK for 5 years or more) under the EU Settlement Scheme, provided that you meet all the requirements.
Your family members present in the UK will be able to also apply under the EU Settlement Scheme, depending on their relationship with you and provided that they meet all the requirements.
The real new information concerns your family members who will be joining you in the UK from now on.
If your family member is from the EU, EEA or Switzerland, they can apply for the EU Settlement Scheme from outside the UK provided that they hold a valid passport or identity card with biometric chip. They cannot enter the UK as a visitor and then apply under the EU Settlement Scheme from within the UK, this is not allowed under the rules. However, alternatively, they can apply first for an EUSS Family Permit, then enter the UK with this permit before applying under EU Settlement Scheme from within the UK.
If your family member is not from the EU, EEA or Switzerland, they will need to first apply for an EUSS Family Permit to enter the UK and then apply under the EU Settlement Scheme once in the UK. They cannot apply from outside the UK, except if they have a residence card, a permanent residence card or a derivative residence card.
Importantly, to be able to benefit from the above provisions, the relationship for spouse, civil partner or unmarried partner must have started by 31st December 2020 and must still exist. You will need to provide specific documents to evidence this. Children are eligible even if the relationship did not exist by 31st December 2020, for example if your child is born after 2020.
Kindly note that there is no deadline to apply for EUSS Family Permit, as long as the applicant meets the requirements and provides the required documents. If your relationship started after 31st December 2020 (except for children), your family member will need to apply under Appendix FM of the UK Immigration Rules. Under this category, the applicant needs to meet stricter requirements, pays important Home Office fees; and provides detailed and specific documents.
You can access more information about the EU Settlement Scheme via this link:
https://www.gov.uk/settled-status-eu-citizens-families
Should you require assistance with the EU Settlement Scheme or making an application under Appendix FM, please do not hesitate to contact our friendly team of expert immigration lawyers at Barar and Associates at barar.london@bararassociates.co.uk or call us on 020 7487 8370. You can access more information about us via https://bararassociates.com/.
