EU Settled Status, Immigration Visa Lawyers UK
The EU Settlement Scheme consists of:
Settled status is currently being considered for those who have continuously resided in the UK for at least 5 years. Pre-settled status can be granted in all other cases with the possibility of obtaining settled status at a later date within the above-mentioned deadlines. From 24 August 2020, the period of residence an applicant can rely upon for eligibility under the EU settlement scheme can be from past, as well as current, residence within the UK.
You will usually get settled status if you:
started living in the UK before 31st December 2020
lived in the UK for a continuous 5-year period (known as ‘continuous residence’)
Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12-month period. The exceptions are:
one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting)
a current absence from the UK that is not out of choice, but directly related to the COVID-19 pandemic (evidence will be required
compulsory military service of any length
time you spent abroad as a Crown servant, or as the family member of a Crown servant
time you spent abroad in the armed forces, or as the family member of someone in the armed forces
You can stay in the UK as long as you like if you get settled status. You’ll also be able to apply for British citizenship if you are eligible.
Your rights with settled status
You will be able to:
work in the UK
use the NHS
enrol in education or continue studying
access public funds such as benefits and pensions, if you’re eligible for them
travel in and out of the UK
If you have settled status, you can spend up to 5 years in a row outside the UK without losing your status.
If you are a Swiss citizen, you and your family members can spend up to 4 years in a row outside the UK without losing your settled status.
If you get settled status, any children born in the UK while you’re living here will automatically be British citizens.
Family members of EU / EEA citizens
Your close family members can join you in the UK before 31 December 2020 (or before 31 December 2025 for spouses and civil partners of Swiss citizens). They’ll need to apply to the EU Settlement Scheme once they’re here. Close family members are defined as:
Durable partners (cohabiting for at least 2 years)
Children born overseas after Brexit
If you cannot bring your family member under the EU Settlement Scheme, they may still be able to come here in a different way, for example on a Family Life visa.
If you are a citizen of an EU country, Iceland, Liechtenstein, Norway or Switzerland, you will be able to bring close family members to the UK after 31 December 2020 if both of the following apply:
your relationship with them began before 31 December 2020
you are still in the relationship when they apply to join you
If you are a Swiss citizen, you will also be able to bring your spouse or civil partner to the UK until 31 December 2025 if both of the following apply:
your relationship with them began before 31 December 2025
you are still in the relationship when they apply to join you.
As of 24th August 2020 spouses/civil partners will have a continuous right of residence following the legal termination of the marriage where the marriage or civil partnership had lasted for at least 3 years prior to the initiation proceedings for its termination and the couple had lived together in the UK or at least 1 year during its duration.
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