The European Regulations are complex to navigate and can be confusing for individuals as each case is different and should be taken on its own individual facts and circumstances. Applicants must meet the requirements within the Regulations and also support this with documentary evidence.
Gowing Law Solicitors have extensive experience in assisting both EU nationals and their family members in making applications under the regulations, contact our friendly team today so that we can take care of your matter.
EEA Family Permit
The EEA Family permit acts similarly to a visa. It gives the holder the right to enter the UK and is valid for 6 months. This can be extended further by applying for a residence card.
If you are a non EEA national coming to the UK to join your partner who is an EEA national and you plan to stay in the UK long term, you will need to apply for the permit before travelling. If you do not, you could be denied entry at the port and experience major delays.
EU Settlement Scheme
If you are an EU Citizen and you want to stay in the UK permanently, you and your family members will need to apply to the EU Settlement Scheme. This scheme has been operational since March 2019. If you are successful, you and your family will be granted either ‘pre-settled’ or ‘settled’ status. It will allow you and your family members to continue living in the UK after 30 June 2021.
1. Settled Status
Settled Status will be granted to EU nationals who have completed 5 years continuous residence in the UK by the 30 June 2021.
Once granted Settle Status, you will have the right to:
- Stay in the UK for as long as you would like
- Apply for British citizenship
- Work in the UK
- Use the NHS
- Enrol in Education or continue studying
- Access public funds such as benefits and pensions, if you are eligible for them.
- Travel in and out of the UK
With settled Status, you will also be permitted to bring close family to join you in the UK after 31 December 2020. You will be eligible to do this if the following two criteria apply.
- Your relationship with them began before 31 December 2020 AND
- You are still in a relationship when they apply to join you
2. Pre-Settled Status
If you have not completed a continuous 5 years of continuous residence in the UK before the deadline which is 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 any time before 30 June 2021.
You will then be able to apply for settled status once you have completed 5 years continuous residence.
Once granted with Pre-Settled status, you will be able to:
- Work in the UK
- Use the NHS
- Enrol in education or continue studying
- Access public fund such as benefits and pensions, if eligible for them
- Travel in and out of the UK
Children born after Pre-settled status is obtained will automatically be eligible for Pre-Settled status.
3. If You Are a Family Member from Outside the EU
You must be in a relationship with an EU citizen as their spouse, civil partner, or unmarried partner (you will need a residence card to prove your relationship if you are unmarried partners). If you have pre settled status in the UK and would like your family members to come and join you, please contact Gowing Law Solicitors so that we can give you expert advice as the current regulations on Brexit are ambiguous.
Cost of Application
There are no fees payable to the Home Office. You can be related to the EU citizen, their spouse or unmarried partner as their:
- Child grandchild or great-grandchild under 21 years old
- Dependent child over the age of 21
- Dependant relative with a residence card to prove your relationship
My Application Has Been Refused, What Should I Do?
We understand the anxiety and the frustration caused when receiving a rejection of your visa application, and here and Gowing Law Solicitors we will be more than happy to guide you through your options when deciding whether to appeal against a decision or to make a fresh application.
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