The Government provided updated guidance on 16th July for the EU Settlement Scheme (EUSS) for citizens of European Union countries, Switzerland, Norway, Iceland and Liechtenstein, wishing to continue living in the UK and to retain their rights. In August, the UK Government announced temporary protection for late applicants to the Scheme.
The EUSS does not apply to Irish nationals who have residency rights by other means, but Irish people can apply if they want to. Dual nationals of the UK and an EU country, Switzerland, Norway, Iceland and Liechtenstein did not need to apply.
EU Settlement Scheme
The Home Office can grant ‘Settled Satus’ (Indefinite Right to Remain) to someone who has five years continuous residence in the UK before 1 July 2021. ‘Pre-Settled’ status (Limited Leave to Remain) is given to those with less time than that. People with Pre-Settled staus should ‘upgrade’ to Settled Status as soon as they can. Failure to do so will affect their rights. Both of these awards enable a person to carry on living, in many of the same ways, as they did before.
For people who have applied but not had a decision, the Home Office says existing rights are preserved, subject to a final approval on the application.
For people yet to apply, there are specific and limited circumstances under which the Home Office will look at a late application, but reasonable grounds for not applying before the 30 June deadline must be demonstrated and as soon as possible to avoid any serious impact on your rights and benefits.
Temporary protection for late applicants
Temporary protection was announced by UK Government in August (see announcement online here). People applying late and those joining family members will have rights protected while their application is determined. People should be able to take up new employment, have a right to rent and apply for benefits. Further detail is promised and will be reported when available.
Employers and landlords are asked to get in touch with Employer and Landlord Checking Services if they have a prospective employee or tenant who has confirmation of a late application.
Help and support available
Applications should be made online. The Home Office Resolution Centre can help with your questions. Call 0300 123 7379.
There are 26 translations of the information and guidance on the Gov.UK website.
For local support and advice for people living in Newcastle and for details of the July update, see our earlier news item on the scheme – click here.
What happens after you apply?
People covered by the Scheme can expect to be asked to show digital status for activities such as applying for a job, a mortgage or private tenancy. They can do this through their ‘view and prove’ account.
Agencies including: National Health Service, Her Majesty’s Revenue and Customs (HMRC) and the Department for Work and Pensions (DWP) have automatic access to records to check a person’s eligibility.
Private landlords and employers can confirm rights online.
Schools and nurseries do not need to check immigration status, but families are strongly urged to resolve immigration issues to avoid problems when a child later looks for a job or to enter training or higher education.