Jun 03 2021

Deadline Approaching to Apply to EU Settlement Scheme

United Kingdom

At a Glance

  • European Economic Area nationals and their families who were residing in the United Kingdom by December 31, 2020 must submit applications under the EU Settlement Scheme on or before June 30, 2021 to remain lawfully resident in the United Kingdom from July 1.
  • Eligible individuals who fail to apply by this deadline may automatically lose their UK immigration status and beginning July 1, 2021, will face difficulty proving their right to work, live, study or access the National Health Service.

The situation

The deadline for European Economic Area (EEA) nationals and their families who were residing in the United Kingdom by December 31, 2020 to submit applications to the EU Settlement Scheme (EUSS) is June 30, 2021.

A closer look

  • Application process. The application can be submitted online, and individuals can use the EU Exit: ID check app to scan any identity document; the application is free of charge. Following approval, the applicant is issued a digital status linked to their passport which can be used to evidence their right to work and reside in the United Kingdom.
  • Status granted. Applicants will either be granted settled status, if they have completed a period of five years living in the United Kingdom, or pre-settled status, if they have not completed such a five-year period but have established residence in the United Kingdom before the end of 2020.
  • Status documents expiring after June 30, 2021. Individuals who have an EEA registration certificate, EEA family permit, or residence card or permanent residence document issued under the EEA Regulations must apply to the EUSS by June 30, 2021, even if their existing document expires after June 30, 2021.
  • Submissions by family members. Applications must be submitted for each family member individually, including for children.  A successful application by a person will not result in the granting of status to any other family member.

Impact

  • Loss of status. Individuals who fail to apply by June 30, 2021 may lose their UK immigration status.  From July 1, 2021, they will face difficulty proving their right to work, live, study or access the National Health Service.  It will be possible to apply after the deadline; however, the applicant will have no immigration status, irrespective of the reason for missing the deadline, until status is granted.
  • Pending on-time applications after June 30, 2021.  Individuals with pending applications after June 30, 2021 who have filed their applications by the deadline will not be negatively affected.

Background

The EUSS was created after the Brexit referendum, to allow EEA and Swiss nationals and their family members who established residence in the United Kingdom by the end of 2020 to lawfully remain in the country.

Looking ahead

Fragomen continues to represent clients and assist them in maintaining their status in the United Kingdom. Individuals should contact Fragomen if they have any questions or concerns about submitting their EUSS applications.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].