Reminder- EU Settlement Scheme Deadline is June 30, 2021

• Eligibility. EU, European Economic Area (EEA) and Swiss nationals and their family members (including permanent residents) who were residing in the United Kingdom by December 31, 2021 can apply under the EUSS.
  • Even if their existing document expires after June 30, 2021, individuals who have an EEA registration certificate, residence card or permanent residence document issued under the EEA Regulations must apply under the EUSS.
  • Permanent residence holders will not need to prove that they have held five years of continuous residence in the United Kingdom when applying under the EUSS.
• Exceptions to application. EU nationals with indefinite leave to remain do not have to apply for settled status under the EUSS. Individuals may have acquired indefinite leave to remain (as opposed to permanent residence) if they applied for status before the EEA Regulations 2006 were introduced.
• Application process. The application process is free of charge and should be submitted online, using the EU Exit: ID check app to scan the relevant identity document. Applications must be submitted for all family members individually, including children. Successful principal applications will not result in a grant of status to any other family member.
• Resulting status. Successful applicants are granted a digital status linked to their passport, which can be used to evidence their right to work and reside in the United Kingdom. Applicants will be granted pre-settled status based on residence in the United Kingdom of less than five years, or settled status (the granting of indefinite leave to remain to EU nationals) based on residence of five years or more.
• Citizenship application. Individuals who have held permanent residence in the United Kingdom for at least 12 months and hold a permanent residence document with the Home Office should be able to apply to naturalise to become British citizens.
• COVID-19 concessions. The Home Office has released COVID-19 concessions for absences from the United Kingdom due to COVID-19, which may benefit those who have been outside the United Kingdom for more than 12 months.
• Missed deadline. It may be possible to make a late application under the EU Settlement Scheme, but the applicant must be able to show that they have reasonable grounds for not meeting the June 30, 2021 deadline as a part of their application, based on recent guidance from the Home Office. Determinations will be made on a case-by-case basis. However, individuals will not be able to take a new job until the application is approved. Under a concession in place until December 31, 2021, companies who employ Europeans on or before June 30, 2021 who have not made an application in time are not required to stop the individual from working provided:
  • They make an application under the EU Settlement Scheme within 28 days; and
  • They employer obtains a Positive Verification Notice via the Employer Checking Service.

Individuals who do not fall within the concession may need to stop working while the late application is in progress. If an individual is unsuccessful in making a late application, then they will be subject to UK immigration rules and will be required to obtain a visa under a different immigration category or leave the country. Note that the concession may not apply for individuals employed from January 1-June 30, 2021 (who arrived in the United Kingdom from January 1, 2021).

Individuals who fail to apply by June 30, 2021 may lose their UK immigration status.  Beginning July 1, 2021, they will not be able to evidence their right to work, live, study or access the National Health System. This includes all time after June 30, 2021 during which a late application is pending, irrespective of the reason for missing the deadline, until status is granted.

• Recommendation. Employers are strongly encouraged to remind their employees to apply for the EU Settlement Scheme ahead of the deadline to protect their status in the United Kingdom.
• Right to work checks. Employers are not required to carry out right to work checks on existing European employees after June 30, 2021. However, employers will need to see evidence of a status (or application) under the EUSS for any new hire Europeans in order to gain a statutory defence against illegal working.

• European Union Settlement Scheme. The EUSS was created after the Brexit referendum, to confirm the status of EEA and Swiss nationals and their family members who established residence in the United Kingdom by the end of 2020.
• Reciprocity. The EU Member States have introduced similar types of legislation, allowing UK nationals who held residence in these nations prior to December 31, 2021 to apply to remain and work after a specified date.

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