If you’re an EU citizen, you and your family will be able to apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. If your application is successful, you’ll get either settled or pre-settled status. The EU Settlement Scheme will open fully by 30 March 2019.
You’ll need to apply if you’re an EU citizen or a family member of an EU citizen, except for in a few cases.
You will not need to apply if you have:
Otherwise you’ll need to apply, even if you:
You must be in a relationship with an EU citizen as their spouse, civil partner or unmarried partner.
You’ll need a residence card to prove your relationship if you’re unmarried.
You can also be related to an EU citizen, their spouse or civil partner as their:
If you apply before you have 5 years’ ‘continuous residence’, you’ll usually get pre-settled status rather than settled status.
Five years’ continuous residence means that for 5 years in a row you’ve been in the UK for at least 6 months in any 12 month period, except for:
If you apply once you’ve got 5 years’ continuous residence (and you meet all the eligibility criteria), you’ll get settled status.
If you apply before you’ve got 5 years’ continuous residence, you’ll only get pre-settled status. You’ll then need to apply again later to get settled status if you want to stay in the UK permanently.
You will not be eligible for settled status before the deadline for the EU Settlement Scheme. However if you meet all the eligibility criteria, you’ll get pre-settled status if you apply anytime before 30 June 2021.
You can then change your pre-settled status to settled status as soon as you have 5 years’ continuous residence.
You may get settled status before you have 5 years’ continuous residence if you had to stop working early, or start working in another EU country.
You’ll probably get a decision more quickly if you apply at the same time or after your family member applies.
Your family member will be given an application number when they apply. You can use this to ‘link’ your application to theirs, so that your applications are considered together.
Under European law, National Member States within the European Economic Area (EEA) are able to enjoy freedom of movement across Member States. In general terms this means that EEA / EU or Swiss nationals have the right to live and work in the UK.
As an EEA or Swiss national, you have the right to live and work in the UK (known as the 'right of residence') if:
A non-EEA family member of an EEA / EU national i.e Spouse , Parent, child or other dependant, will need to obtain an EEA family permit before travelling to the UK if they are coming to live with the EEA / EU national in the UK.
The non-EEA family member must be travelling to the UK:
If you have a right to live the in the UK, your family may join you here. Your family is defined as:
If you are a student, only your spouse or civil partner and dependent children have a right of residence. Other relatives (including extended family members such as brothers, sisters and cousins) do not have an automatic right to live in the UK. To be considered, they must be able to show that they are dependent on you. If you and your partner are not married or in a civil partnership, you must be able to show that you are in a durable relationship with each other.
Our specialists can provide specialist legal advice in this area of law. Our solicitors will assist EEA / EU nationals and their non EEA national family members secure entry and residence in the United Kingdom. Please telephone our offices on Bolton 01204 565234 or Burnley 01282 575234 for further information. Our work will include:
At Parkview Solicitors we can also assist in the following areas of EEA immigration:
Residence Card - This is a document which confirms your right of residence under European law. A residence card is normally valid for 5 years from the date when it is issued.
Retaining Right of Residence - There are now a number of circumstances in which non-EEA national family members of EEA nationals may retain their right of residence in the UK if the EEA national leaves the UK or dies or the relevant marriage or civil partnership is terminated.
Derivative Residence Card - A person who does not qualify for a right of residence under the free movement directive (Directive 2004/38/EC) may qualify for another right of residence under EU law. These are known as 'derivative rights' because they come from (are 'derived' from) EU law, not from the directive.
Extended Family Members - Extended family members are more distant family members of the EEA national or of his/her spouse/civil partner who can demonstrate that they are dependent. Partners, where there is no civil partnership, who can show that they are in a 'durable relationship' are also considered to be extended family members.
Registration Certificate as EEA EU European National (EEA1 Application) - If an EEA national is exercising Treaty rights in the UK then s/he may request that s/he is issued with a registration certificate as confirmation of his/her right of residence under EC law.
Permanent Residence- EEA national- A person can apply for confirmation of permanent residence if he has exercised treaty rights in the UK continuously for five years as:
Permanent Residence - Non EEA Family Member - When you have lived in the UK for five years in accordance with the EEA Regulations 2006 either as a family member of an EEA national or a person who has retained his right of residence (or combination of both), you can apply for permanent residence card.
We are reputable Immigration Solicitors with satisfied clients across the region, we offer immigration advice and serve clients in Bolton, Bury, Blackburn, Manchester, Nelson, Burnley, Brierfield, Accrington, Oldham, Ashton-under-lyne, Birmingham, London, Bradford, Leeds, Accrington, Rochdale and Stockport as well as nationally in England & Wales.
Our work will include;
Advising you on the relevant requirements, relevant laws and procedures;
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Parkview Solicitors and Higher Court Advocates is a trading name of Parkview Solicitors Ltd Registered as a company in England and Wales. Registration number: 10615684. Registered office: Hamill House 112-116 Chorley New Road Bolton BL1 4DH. Authorised and regulated by the Solicitors Regulation Authority – 636959.