What’s the scheme about?
The EU settlement scheme allows you and your family members to get the immigration status you need to continue to live, work and study in the UK after the 30th June 2021. Obtaining this status will allow continuality for the following (not limited too):
- Public services such as healthcare and schools
- Public funds and pensions
- British citizenship, should you meet the requirements and wish to apply
Who needs to apply for settled status?
If you are an EU, EEA or Swiss citizen and currently reside in the UK, by 31st December 2020 you and your family members will need to apply to the EU settlement Scheme to continue to live here in the UK beyond 30th June 2021.
If you have lived in the UK for many years, or have a UK permanent residence document, you still need to apply to the EU settlement Scheme. You do not need to apply if you have indefinite leave to remain or enter.
If you are not an EU, EEA or swiss Citizen, you may still be able to apply if:
- You’re a family member of an EU, EEA or swiss citizen
- Family member of a British citizen and you lived outside the UK in an EEA country together
- You used to have EU, EEA or swiss family living in the UK
- You’re family member of an eligible person of Northern Ireland
- You’re primary carer of a British, EU, EEA or swiss citizen
- You’re the child of an EU, EEA or swiss citizen who used to live and work in the UK or the child’s primary carer.
Who is exempt?
If you or your family member already hold indefinite leave to remain or enter, you are exempt from applying for settled status (but you can still apply if you wish!)
Family members of EU citizens
Non-EU family members living in the UK by 31st December 2020, will need to apply for the EU settlement scheme. Close family members who are not living in the UK by 31st December 2020 will be able to join their EU family member in the UK at any point if:
- The relationship still exists; and
- Their EU family member was taken resident by the UK before 31st December 2020
Close family members can be spouses, civil partners, unmarried partners, dependant children, grandchildren, parents and grandparents. Family members do not need to be from the EU, they can be from anywhere in the world. Children are not exempt from the new rules – they too will need to apply for settled status and the parent or guardian can apply on behalf of children, links can be found below to access this information.
The two status
- Pre- settled status: if you receive pre-settled status, also known as limited leave to remain or enter, means you can stay in the UK for a period of 5 years. This will allow you to remain in the UK until you are eligible for settled status, once you have continuously lived in the UK for more than 5 years then you can apply for settled status.
- Settled Status – if you receive settled status, also known as indefinite leave to remain or enter, means you have no time limit on how long you can stay in the UK. You can also apply for British Citizenship should you meet the requirements and wish to do so.
The 3 steps when applying:
- Step 1 – Proof of identity
- Step 2 – Proof of residence
- Step 3 – Criminality check
Once you are successful, you will receive digital proof of your status through an online checking service and will be able to monitor the progress of your application online. If your application is unsuccessful, you can appeal and submit new evidence or information at no cost. If an error or mistake is found in your application, the home office should contact you to make you aware and correct the error.
For further information on how we can support you in making the necessary employee checks, you can view our 'Right to work checks' blog or visit our designated clients tab.
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