If the family member can show evidence that they have been residing in the UK, even if it is for a short period of time, then they should apply. This will allow them to continue living here once the UK has left the EU. EU SETTLEMENT SCHEME FAMILY PERMIT. If you are not an EU … If a non-EU family member intends to reside with their EU family member in the UK, then they should make an application under the EU Settlement Scheme as soon as practicably possible. We need to send you an SMS text-generated pin number during the appointment in order to proceed. My question is Their non-Irish, non-British family members will need to apply to the EU Settlement Scheme if they want to stay in the UK. Advisors from across East Anglia tell us they are worried many people simply do not know they need to apply under the scheme, due in part to official communication around the scheme which focuses heavily on EU nationals. EU Settlement Scheme (EUSS) Family Permit for Spouse Perhaps, a spouse of a relevant EEA citizen can apply for EU settlement scheme family permit if the marriage contracted before the specified date. British nationals with non-EU family members. Queries regarding applications under the settlement scheme, EEA residence and UK nationality. I am worried about those who had derivative rights for many years now under EEA regulations and who think that they do not need to apply for EUSS. (Immigration Advisor, Norfolk). Refusals under this category mean in reality that a British child might need to leave both the UK and the EU with their non-EU parent/carer. The EEA family permit is designed for family members of EU nationals who are permanent residents in the UK. 3. Except in a few cases, you need to apply if: you’re an EU, EEA or Swiss citizen you’re not an EU, EEA or Swiss citizen, but your family member … This group is often referred to as ‘non-EU family members of EU nationals’ (NEFM) – a clunky label, but not an insignificant group. This increases to 61% in the case of so-called Zambrano carers (named after an ECJ case of that name) – situations where the NEFM’s residence in the UK is derived from being the carer of an EU national child. 2. EU nationals and their family members need to apply for a settled or pre-settled status under the EU Settled Status (EUSS) scheme to retain their rights to stay in the UK. Have you settled your status in the UK? Topics: 5,450 Posts: ... Online info session for EU citizens and their non-EU family members - August 5th. • Those EU citizens who already have Indefinite Leave to Remain • However EU citizens who had applied for Permanent Residence under previous EEA regulations will need to apply. Aside from the obvious family members of EU nationals, such as non-EU spouses, civil partners and their children, the scheme will also be open to ‘extended family members’. Travel and Immigration Writer and Client Relationship Manager, What to Do Post Brexit as an EEA National - EU…, EU Citizens Staying in the UK After Brexit, EU Settlement Scheme: EU Citizens Staying in the UK…, Brexit: Record Number of Residence Registrations, Brexit: Germany finalises rights of British…, Greece: Lockdown and International Travel, Post Study Work Options: Getting a Work Visa for Liechtenstein. Through this permit, although it is not a visa, these individuals who are related to EU nationals will be able to freely enter the UK and move around the EEA member states. The EU Settlement Scheme is designed to offer EU and non EU-nationals and their family members an opportunity to obtain status in the UK before the end of the transition period i.e., 31 st December 2020.. EU citizens living in the UK by 31 st December 2020 are required to apply to the EU Settlement Scheme by 30 th June 2021 in order to retain their residence rights. The easiest way for a NEFM to apply for EUSS is by linking their application to one already made by their EU family member who must have themselves been granted pre-settled or settled status. 03-08-2020, 02:33 PM. Both family permits are designed for non-EU family members of EU citizens living in the UK, who have not yet entered the country. EUSS scheme, as they have right to residence under Common Travel Area (Please note that their non EU/EFTA/Swiss family members would need to apply!) Your documents will be electronically scanned and verified for you. Hi I was wondering if you can help. Organisations we spoke to report that these more complex applications take much longer than the digital application of EUSS for other groups, not least because a paper form must be requested. Those family members can include non-EU nationals who, due to their family circumstances, might also be eligible to apply. Dependency for close family members is assumed with settlement scheme whereas it is not with EEA family permit. In March 2019, the settlement scheme will be fully open to the public for all eligible applicants. I am new on the forum, I applied for settlement scheme as non-eu family member of an EU citizen. Your family members who are citizens of countries outside the EU, EEA or Switzerland might be able to apply to the EU Settlement Scheme if one of the following applies: you’re an EU or EEA citizen and you became a British citizen after moving to the UK Your previous posts suggest you are a non EU citizen divorced from your EU spouse. If you are not an EU national, but you are married to one or you are a child or parent of an EU/EEA or Swiss national living in the UK who has settled or pre-settled status, you can also apply for a settled or pre-settled status under the EUSS scheme to regularise your status in the UK. Required fields are marked *. Can you point us to refusals you were referring as it … I've applied to the EU Settlement Scheme for the first time without a BRC or a Family Permit vignette sticker on my passport. © 2021 IAM (Immigration and Migration) | UK. I am a non-EU spouse of an EU national. To date, there have been 205,990 applications to the scheme by non-EEA nationals (with 151,160 concluded decisions), meaning that NEFM currently represent about 5.5% of the total number of applications to the scheme (as at June 2020). The scheme is available to relevant family members of a British citizen who has exercised their free movement rights under EU law for more than 3 months elsewhere in … In order to be eligible to use the EU Settlement Scheme as a non-EEA citizen, you will need to have a relative who is either a British, EU, EEA or Swiss citizen themselves or is in a … Specialist Immigration Advice Regulated by the OISC, British Council Accreditation For Student Services, Canada Registration Authority Immigration Advisors, Tier 2 UK Overseas Qualified Nurses (OQN), Tier 2 UK Intra Company Transfer Visa (Sub-Categories), Tier 4 UK Doctorate Extension Scheme Visa, Tier 5 UK Government Authorised Exchange Visa, Indefinite Leave to Remain (ILR) or Settlement, Replacement Biometric Residence Permit (BRP) Application, Fast Track Same Day UK Immigration Applications, Sponsorship Application for UK Immigration, Travel by Car to European Countries After Brexit: Everything You Need to Know, Brexit: EU countries may ban UK nationals next year, Post Study Work Options: How to Get a Work Visa in Slovakia After Studies, evidence of your relationship to your EEA family member, for example, a marriage certificate, civil partnership certificate or birth certificate, your EEA family member’s EU Settlement Scheme application number, if they have one, you’re an EU or EEA citizen and you became a British citizen after moving to the UK, you lived in the EU with that family member while the UK was part of the EU and you were working or studying. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. 89: 92: Online info session for EU citizens and their non-EU family members - August 5th. In the UK, you must then apply to the EU settlement scheme. If you need help with a US visa, a UK Visa, or visa to Europe, including help with appointment booking obligations, IaM can help. By Professor Catherine Barnard, senior fellow at The UK in a Changing Europe and Fiona Costello, research associate, University of Cambridge. Learn how your comment data is processed. by Site Admin. The EU Settlement Scheme provides a basis, consistent with the Withdrawal Agreement with the European Union reached on 17 October 2019 and with … Zambrano carers are not alone. The transition period is coming to an end in December 2020, and EU nationals and their family members need to make an application to the UK’s EU Settled Status (EUSS) scheme before the end of the grace period in June 2021. The EU Settlement Scheme was introduced by the UK government as a mechanism through which EEA nationals and their qualifying family members may apply for status in the UK. Despite representing such a small number of the total applications (NEFM applications are just 5.5% of the total applications) this group represents 50% of the total refusals for the entire scheme. Aside from the above criteria, to be eligible to apply, you must be in the UK on or before 31 December 2020 and you have until 30 June 2021. Tell us how it went. If you are not an EU national, but you are, for example married to one (e.g. The table below shows the number of applications by those with derived rights received and concluded by the Home Office between August 2018 and June 2020. For more information and advice on US immigration, UK immigration law and US visa applications or if you need any help or assistance please, reach out to your Visa Coordinator at IaM. There are also Chen carers (a primary carer of a ‘self-sufficient’ EEA national child) and Ibrahim/Teixeira cases (the child of an EEA national worker/former worker where that child is in education in the UK and the primary carer of the child) and ‘Surinder Singh’ spouses (non-EU spouses married a UK national, who went to another EU state with their spouse and then returned to the UK). This guidance provides information for non-EEA citizen family members of EU, EEA and Swiss frontier workers to apply to the EU Settlement Scheme. The transition period is coming to an end in December 2020, and EU nationals and their family members need to make an application to the UK’s EU Settled Status (EUSS) scheme before the end of the grace period in June 2021. The authoritative source for independent research on UK-EU relations. However, as the first anniversary of the opening of the settlement scheme draws near, we expect to see an increasing number of EU/EEA nationals applying for naturalisation with settled status, most of them totally unaware of the consequences this decision could have on any family members, including spouses, who have not been granted settled status,” says UKCEN founder … Your family members might be able to apply to the scheme if you started living in the UK by 31 December 2020. These derivative right holders have to make their EUSS application on paper (unlike the largely digital-only pathway for other applicants to the scheme). This website uses cookies to improve your experience. It also depends on when they arrived in the UK and how they’re related to you. I believe european Settlement scheme visa is UK's own visa category that can't be taken to european courts. That is because of a Court of Justice of the European Union case called C-165/16 Lounes. You cannot sponsor any family under the EU rules or settlement scheme if you are non EU. The Brexit deal, Horizon Europe and research funding. If you’re an EU, EEA or Swiss citizen, you and your family can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. a Brazilian husband with a Polish wife), or you are the family member of an EU national living in the UK (child or parent for example), you can also make an application under the EUSS scheme to regularise your status in the UK. Additional documents will be required if you are a child, grandchild, parent or grandparent of the EU national. These cookies will be stored in your browser only with your consent. Step 1 of your application: verify your identity and nationality using your passport, national identity card, or biometric residence card (if you are a non-EEA citizen). The UK in a Changing Europe uses cookies to improve your browsing experience. If you need help with your EU Settlement application, do not hesitate to contact us. We also use third-party cookies that help us analyze and understand how you use this website. The EU settlement scheme legislation states: Appendix EU (Family Permit) FP1. The EU Settlement Scheme takes the same approach, disregarding a person’s lawful UK residence (for example, time spent as a Tier 4 student) before they became a family member. Second, among those who have applied, NEFM are receiving higher levels of pre-settled status (as opposed to settled status for those who have been in the UK for five years) than any of the other groups (EU nationals, EEA-EFTA nationals, and Swiss citizens), with 96,250 NEFM receiving pre-settled status and only 50,550 settled status as of June 2020. You can still apply for the EEA family permit if … We would also like to set optional analytical cookies to help us improve the website, but we will not set optional cookies unless you accept them. As we all know, the Brexit transition period is just around the corner. I am non EEA, married to EEA citizen for more than 5 years and lived in UK more than 5 years. After 30 June 2021 they will no longer be valid and no new applications will be accepted. One application I submitted in October 2019, the decision came back in March 2020 – the process was a lot longer and much more complex but in this instance the outcome was positive which was good news as the waiting time was very stressful for my client. The EEA family permit is ending. In its updated guidance, published in May 2019, the Home Office introduced a requirement that Zambrano carers must have attempted an application under UK immigration rules (such as an Appendix FM application or any other ECHR Article 8 route, which are UK immigration application routes for those non-EU nationals seeking to enter or remain in the UK on the basis of their family life with a person who is a British citizen) before an EUSS application can be made. Your family members who are citizens of countries outside the EU, EEA or Switzerland might be able to apply to the EU Settlement Scheme if one of the following applies: New statistics released by the Home Office show a significantly high refusal rate for NEFM applying under the EU Settlement Scheme (EUSS). However, new statistics released by the Home Office last week show a significantly high refusal rate for NEFM applying under the EU Settlement Scheme (EUSS). Your email address will not be published. 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