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Brexit and EU Citizens: Essential Information on Settled Status

Sep 5, 2024

As an EU citizen living in the UK, understanding your rights after Brexit is crucial. The EU Settlement Scheme allows you to apply for either settled status or pre-settled status, depending on how long you have been living in the UK. To remain legally in the UK, you need to ensure that you meet the criteria for these statuses and submit your application before the relevant deadlines.

Settled status is granted to those who have been living in the UK for a continuous five-year period, while pre-settled status applies to those who have not yet reached this milestone. Each status comes with different rights regarding benefits, housing, and access to services. It’s important to know what each status entails to safeguard your future in the UK.

Failing to apply before the deadline could mean you lose your right to live and work in the country. The application process is straightforward, requiring you to prove your identity and your residence history in the UK. Understanding the options available to you and the steps to take is essential for ensuring your peace of mind in this new post-Brexit landscape.

Understanding Settled and Pre-Settled Status

Settled status and pre-settled status are important for EU citizens living in the UK after Brexit. These statuses affect your rights, benefits, and how you can stay in the country. It’s essential to know the eligibility criteria and what each status means for you and your family.

Eligibility Criteria for EU Citizens

To qualify for settled status, you must have lived in the UK for a continuous period of five years. This is known as continuous residence. Evidence can include utility bills, bank statements, or rental agreements showing your address during this time.

If you do not meet this five-year requirement, you may be granted pre-settled status. This status is typically available if you’ve lived in the UK for less than five years but have already begun residence. Make sure to apply for settled status once you reach the five-year mark to keep your rights.

Rights and Benefits of Settled Status

With settled status, you gain a number of rights. You can live and work in the UK without restrictions. It gives you access to healthcare, education, and social security benefits.

You can also apply for British citizenship after holding settled status for at least 12 months. Additionally, your family members, like spouses or children, can apply to live with you in the UK. It is vital to maintain your status by living in the UK and not being away for more than five consecutive years.

Pre-Settled Status Explained

Pre-settled status allows you to stay in the UK for five years. It is a temporary form of status and does not grant the same rights as settled status. You must apply for settled status before your pre-settled status expires to secure permanent residency.

While on pre-settled status, you can work, study, and access public services. You must keep your Home Office account updated, especially if your identity document changes. This status can be held by EU citizens as well as family members from EEA countries like Norway, Iceland, and Liechtenstein.

Application Process and Required Documents

Applying for settled status involves specific steps and necessary documents. Understanding what you need to provide can make the process smoother and more efficient.

How to Apply for the EU Settlement Scheme

To apply for the EU Settlement Scheme, you can use the online application service. This is the fastest method and is available on various devices, such as laptops and smartphones.

You will need to fill out an application form, providing personal details like your name, date of birth, and nationality. Make sure to have your National Identity Card or Passport ready for verification.

After submitting, you’ll receive a confirmation from the Home Office. Depending on your situation, processing times can vary from a few weeks to several months. You will also have to provide proof of residence, which shows you have lived in the UK.

Necessary Identity and Residence Evidence

Providing evidence of your identity is crucial for your application. You can use a Passport, National Identity Card, or a Biometric Residence Permit. The document must be valid and contain a biometric chip for digital verification.

For proof of residence, you can submit different types of documents. Options include utility bills, bank statements, or official letters that show your name and address. Such documents should cover a period of at least five years if applying for settled status or demonstrate that you have been living in the UK for the last five years.

Supporting Documentation for Family Members

If you are applying for family members, you need additional documentation. You must provide proof of your relationship to them. For example, marriage certificates for spouses or birth certificates for children work well.

Each family member applying will need their own application form and identity documents. Ensure that their documents are valid and meet the same requirements as yours. They can follow the same online application process, but you should submit evidence of residency and identity for each person separately.

Living in the UK Post-Brexit

After Brexit, the rules for living in the UK as an EU citizen changed significantly. It is important to know how settled status affects your work, study, health care, and access to benefits.

The Impact on Work, Study, and Access to Services

If you are an EU citizen living in the UK, settled or pre-settled status is crucial for your ability to work and study. With settled status, you have the right to live and work in the UK without restrictions.

To qualify, you must have lived in the UK for five continuous years. If you have pre-settled status, this allows you to stay in the UK for a limited time but does not grant full rights. As an EU citizen under both statuses, you have access to education but may face restrictions on student loans based on your residency status.

For services like renting, you’ll need to show your immigration status, which may affect landlords’ decisions. It is key to understand your status to navigate these services smoothly.

Rights to Healthcare, Benefits, and Education

Your rights to healthcare and benefits in the UK are linked to your immigration status. If you hold settled status, you can access the National Health Service (NHS) on the same basis as British citizens. This means you typically receive healthcare services without additional charges.

For benefits, having settled status allows you to access support such as Pension Credit and Housing Benefit. If you have pre-settled status, you can claim some benefits but may need to meet extra conditions.

Education rights are similar; you can access education for your children, depending on your residency. It’s important to be aware of any changes to benefits eligibility that might come with your status.

Understanding the Freedom of Movement Changes

Brexit altered Freedom of Movement rules for EU citizens. Before Brexit, you could move freely across the UK and EU. Now, you need to adhere to new visa requirements to travel or live in the UK.

If you started living in the UK before 31 December 2020, you could apply to the EU Settlement Scheme. The deadline for applications was 30 June 2021. This new framework might impact future travel plans and residency, so it’s essential to stay updated.

Understanding these changes will help you make informed decisions about your rights and responsibilities in the UK.

Deadlines and What Happens After

Understanding deadlines and what occurs post-application is essential for EU citizens living in the UK after Brexit. You need to be aware of key dates and what steps to take if you miss those deadlines.

Critical Dates for the EU Settlement Scheme

Important deadlines were set for EU citizens applying for settled or pre-settled status. The main deadline was 30 June 2021. If you didn’t apply by this date, you may have lost your legal right to stay in the UK.

If you have pre-settled status, you can switch to settled status only after residing in the UK for five continuous years. Make sure to track when you reach that five-year mark to apply for the change before your pre-settled status expires.

Late Applications and Reasonable Grounds

If you missed the application deadline, you may still apply if you have reasonable grounds for doing so. Reasonable grounds can include illness, disruptions due to the COVID-19 pandemic, or being unaware of the requirement to apply.

You should gather evidence to support your case. This could involve providing medical records, proof of travel disruptions, or other documentation that illustrates why you were unable to meet the deadline.

Continuous Residence and Maintaining Status

To keep your pre-settled or settled status, you must maintain continuous residence in the UK. Continuous residence means not being away from the UK for more than five years.

If you are an Irish citizen, you typically do not need to apply, thanks to the Common Travel Area arrangements. For others, it’s crucial to prove your residence for the past five years when applying. Regular documentation can help, such as utility bills, bank statements, or tenancy agreements.

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