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.

Who should apply

Applying if you’re from outside the EU

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:

• child, grandchild or great-grandchild under 21 years old
• dependent child over the age of 21
• dependent parent, grandparent or great-grandparent
• dependent relative with a residence card to prove your relationship

If you apply before you have 5 years’ ‘continuous residence’, you’ll usually get pre-settled status rather than settled status.

When you’ll have 5 years’ continuous residence

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:

• one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting)
• compulsory military service of any length

If you’ll have 5 years’ continuous residence by 30 June 2021

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.

If you will not have 5 years’ continuous residence by 30 June 2021

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.

If you’re applying as a family member of an EU citizen

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:

• You are working here (and have obtained our permission to work if this is required - see below); or
• You can support yourself and your family in the UK without becoming an unreasonable burden on public funds.

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:

• With the EEA / EU national; or
• To join the EEA / EU national here.

Your family

If you have a right to live the in the UK, your family may join you here. Your family is defined as:

• Your spouse (husband or wife) or civil partner;
• Any children or grandchildren of you, your spouse or your civil partner who are under 21 years of age or who are dependent on you; and
• The parents or grandparents of you, your spouse or your civil partner.

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:

• Advising you on the relevant requirements, relevant laws and procedures;
• Advising you on the relevant documents to be submitted in support of your application;
• Considering the contents of such documents and discussing the same with you;
• Advising you on the weaknesses and strengths of your application; and
• Preparing a cover letter.
• The completion of the paper or online application form;

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:

• Job seeker; or
• Worker; or
• Self-employed person; or
• Self-sufficient person; or
• Student.

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.

• How can I apply for an EEA/EU Dependent Family Permit?
• Who is eligible to apply for an EEA/EU Dependent Family Permit?
• What documents do I need to provide for an EEA/EU Dependent Family Permit application?
• Can Parkview Solicitors assist me with my EEA/EU Dependent Family Permit application?
• How long does it take to process an EEA/EU Dependent Family Permit application, and what is

Our work will include;

Advising you on the relevant requirements, relevant laws and procedures;

• Advising you on the relevant documents to be submitted in support of your application;
• Considering the contents of such documents and discussing the same with you;
• Advising you on the weaknesses and strengths of your application;
• Help with arranging the Immigration Health Surcharge, if applicable;
• The completion of the paper and/or online application form;
• Preparing a cover letter; and
• Arrange an appointment at the Visa Application centre in foreign country or post the documents to the relevant UKVI department should that be in the UK.

 

For legal advice call our team:
Bolton | 01204 565 234
Burnley | 01282 575 234

Email our team
info@parkviewsolicitors.co.uk

 

 

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