Steps to Extend Your Stay in the UK Beyond Your
EU Settlement Scheme Family Permit
If you’re planning to remain in the UK after your EU Settlement Scheme
Family Permit expires, you’ll need to navigate a few key steps to ensure
you remain compliant with immigration requirements.
- Apply to the EU Settlement Scheme
This application is essential for extending your stay. It’s designed
for individuals in your situation—those who are family members of
EU citizens and wish to reside long-term in the UK. - Understand Key Deadlines
It’s crucial to note that the general deadline for applying to the
scheme was June 30, 2021. However, if you joined your family in
the UK after April 1, 2021, you have a grace period. You can apply
within three months of your arrival or before your family permit
expires. - Prepare for Late Applications
If you find yourself applying after your three-month window, be
ready to provide a valid reason for the delay. This could be due to
unforeseen circumstances or other compelling factors. - Gather Necessary Documentation
Ensure you have all required documents, such as proof of
relationship with the EU citizen and any other relevant paperwork
that supports your application. - Submit Your Application Online
The EU Settlement Scheme application is primarily submitted
online. Completing this process diligently is crucial for a seamless
transition from your current permit.
Taking these steps with due diligence will help in securing your right to stay
in the UK and continue your life as planned.
EU Settlement Scheme Family Permit: Information and
Requirements
The EU Settlement Scheme (EUSS) Family Permit allows family members
of EU citizens to come to the UK. This article provides information on the
EUSS Family Permit and its requirements.
What is a Family Permit?
A family permit is a document that makes it easier for a family member of
an EU citizen to travel to the UK or join them in the UK. It allows you to stay
in the UK for up to 6 months and work or study while you’re there. You can
also come and go as many times as you want before the permit expires.
Who can apply for an EU Settlement Scheme Family Permit?
You can apply for an EU Settlement Scheme Family Permit if you’re a
family member of someone from the EU, Switzerland, Norway, Iceland, or
Liechtenstein. You may also be able to apply if you’re the family member of
an eligible person from Northern Ireland.
Requirements for an EU Settlement Scheme Family Permit:
To qualify for an EU Settlement Scheme Family Permit, you
need to meet the following requirements:
- You must be the joining family member of a relevant EEA citizen who holds either Settled Status or Pre-Settled Status or has applied and is waiting for a decision.
- You will be accompanying the EEA citizen to the UK or joining them in the UK within 6 months of the date of application.
- Your family relationship began prior to 31 December 2020.
- If you’re the family member of a British citizen and lived with that
- British citizen in an EEA country, and your relationship with them started before 1 February 2020, you have until 29 March 2022 to apply for a family permit to come back to the UK.
- If your relationship with them started on or after 1 February 2020, you will need to have ‘reasonable grounds for not returning to the UK by 31 December 2020. You will need to show evidence of why you did not return by then when you apply for your family permit.
Family members of relevant EEA citizens can apply for an EUSS Family
Permit. This permit allows family members to join or remain with their EEA-
citizen family members in the UK.
What to Do If Your EU Settlement Scheme Application Is
Refused
If your application under the EU Settlement Scheme has been denied, you
have options to consider that can potentially change the outcome:
- Seek Expert Guidance: Consult with a knowledgeable
immigration appeal lawyer. They can assess the details of your
case, providing an informed opinion on whether pursuing an
appeal is worthwhile.
- Appeal to the Tribunal: If advised to proceed, you can appeal to
the First-tier Tribunal (Immigration and Asylum Chamber). This is a
legal avenue where your case will be reviewed by a judge. - Prepare Your Case: An experienced lawyer will help you gather
and organize necessary documents and evidence to support your
appeal. Proper preparation increases the likelihood of a successful
outcome. - Attend the Hearing: Your lawyer can represent you during the
hearing, making a strong case for why the initial decision should
be reconsidered.
By taking these steps, you stand a better chance of overturning the refusal
of your application.
Key Changes to the EUSS Family Permit as of 8 August 2023
On 8 August 2023, significant changes were implemented concerning the
EUSS Family Permit, particularly affecting family members of qualifying
British citizens. This marked the closure of the permit to new applicants
who were relying on specific immigration pathways.
Affected Pathways
- Surinder Singh Route: This route previously allowed family
members of British citizens, who had exercised free movement
rights in the EEA or Switzerland, to come back to the UK. As of the
specified date, new applications through this route are no longer
accepted. - Zambrano Route: This route catered to the primary carers of a
British citizen. Similar to the Surinder Singh route, it is now closed
to new applications.
What Applicants Need to Know
- Adapting to New Rules: Prospective applicants who once considered these routes must now align with the standard family Immigration Rules that apply to other types of applicants.
- Existing Applicants: Those who had already applied under the Surinder Singh or Zambrano routes by 8 August 2023, and were granted an EUSS Family Permit, can still proceed to enter the UK. They remain eligible to apply to the EU Settlement Scheme after their arrival.
These changes reflect a shift in the immigration landscape, urging
applicants to explore alternative legal pathways to achieve family
reunification in the UK.
Who are Relevant EEA Citizen?
The following persons are considered relevant EEA citizens:
EEA or Swiss nationals with settled or pre-settled status under the EUSS
Irish citizens who meet the criteria for settled or pre-settled status under the
EUSS
Eligible persons of Northern Ireland who meet the criteria for settled or pre-
settled status under the EUSS
British citizens with EEA or Swiss citizenship who lived in the UK as an
EEA or Swiss citizen before gaining British citizenship.
Who can apply for an EU Settlement Scheme Family Permit?
The following family members of relevant EEA citizens can apply for
an EU Settlement Scheme Family Permit:
Spouse, civil partner, or durable partner of a relevant EEA citizen
Child (or grandchild or great-grandchild) of a relevant EEA citizen or of their
spouse or civil partner
Dependent parent (or grandparent or great-grandparent) of the relevant
EEA citizen or of their spouse or civil partner
It’s important to demonstrate that the relationship existed before December
31, 2020.
EU Settlement Scheme Family Permit or EEA Family Permit?
The EEA Family Permit route is no longer available, and new applications
cannot be submitted. Instead, eligible family members should submit
applications for EUSS Family Permits.
Pending applications and appeals for EEA Family Permits submitted
before December 31, 2020, will continue to be considered under The
Immigration and Social Security Coordination (EU Withdrawal) Act 2020.
Applications for an EU Settlement Scheme Family Permit can only be
made from outside the UK.
EU Settlement Scheme Deadlines and Late Applications
The deadline for applications to the EU Settlement Scheme was June 30, 2021. Late applications may be accepted in some circumstances.
Avoiding Delays in EU Settlement Scheme Applications
To avoid delays, ensure that all required information and documents are
provided in the application.
Status of EU Settlement Scheme Applicants after June 30, 2021.
Those who applied before the deadline and have not received a decision
can stay in the UK until a decision is made.
How to Apply for British Citizenship after Gaining Settled
Status
Once you’ve obtained Settled Status in the UK, the path to British
citizenship is within reach. Here’s a step-by-step guide to help you through
the process.
Key Requirements
Before diving into the application process, ensure you meet the following
conditions:
- Timeframe: Typically, you must have held Settled Status for at
least 12 months. However, exceptions exist if you’re married to a
British citizen. - Residency: You should have a notable history of living in the UK,
meeting specific residency criteria. - Language and Knowledge: A good grasp of English and
knowledge about life in the UK are also required. This is often
demonstrated by passing the “Life in the UK” test and an English
language test, if applicable. - Good Character: Demonstrate good character, which includes
having no serious criminal record.
The Application Process
- Gather Documents: Collect essential paperwork, such as proof of
residence, your pass certificates for the English language and “Life
in the UK” tests, and any documents proving your relationship
status if married to a British citizen. - Online Application: Complete the citizenship application form
online through the UK government’s official website. This process
includes filling out personal information and uploading necessary
documents. - Biometrics Appointment: Attend a biometrics appointment to
provide fingerprints and a photo. You’ll receive details for this after
submitting your online application. - Pay Fees: Be prepared to pay the application fees, which can
vary. Check the latest fee structure on the official website before
applying. - Await Decision: Once submitted, the decision process can take
several months. Keep an eye on your email for updates.
After Approval
If your application is approved, you’ll be invited to a citizenship ceremony.
Here, you’ll take an oath of allegiance to the UK, officially becoming a
British citizen.
Embarking on this journey requires careful preparation and adherence to
the guidelines. By meeting all requirements and submitting a thorough
application, you’ll be well on your way to enjoying the full benefits of British
citizenship.
Application Fee for an EU Settlement Scheme Family Permit
There is no application fee for an EU Settlement Scheme Family Permit,
and applicants are not required to pay the Immigration Health Charge.
Professional Legal Services for all Family Permit Applications:
Our law firm provides professional legal services for applicants of an EEA
seeking to settle in the UK via a Family Permit.
Fixed Fee for Legal Services
We charge a fixed fee of £1000 per applicant for our legal services. The
fixed fee is determined based on the complexity of the case and the
casework required.
Transparency in Legal Fees
We believe in transparency when it comes to our legal fees. We strive to
provide our clients with the best legal representation and assistance at a
reasonable cost. Therefore, we ensure that our clients are aware of the
fixed fee before any work is commenced, and we avoid any hidden costs.
Requirements for Applying for Settled Status under the EU
Settlement Scheme
Wondering if you qualify for Settled Status in the UK? Here’s what you
need to know about the eligibility requirements:
1.Citizenship or Family Connections:
- You must be an EEA citizen.
- Alternatively, if you’re a family member of an EEA citizen, including retained rights post-relationship, you may qualify.
- Individuals with derivative or Zambrano rights to reside are also eligible.
2.Residence Timeline:
- Your residency in the UK should have commenced by December 31, 2020.
3.Continuous Residency:
- A minimum of 5 years of uninterrupted residence in the UK is necessary.
Keep in mind, these criteria might vary based on individual circumstances.
Consulting with an immigration advisor could provide tailored guidance to
ensure all conditions are met.
Key Considerations for British Passport
Applications for Children of European
Nationals
Understanding British Citizenship at Birth
When applying for a British passport for a child born in the UK to European
nationals, one crucial factor is whether the child is automatically considered
a British citizen. This often depends on the parents’ residency status and
the rights they exercised at the time of the child’s birth.
Parental Settlement Status
A primary consideration is the settlement status of the parents. If at least
one parent was settled in the UK at the time of the child’s birth, the child
may automatically acquire British citizenship, simplifying the passport
application process.
Determining ‘Settlement’ for European Nationals
European nationals might be considered ‘settled’ if they have indefinite
leave to remain or have attained the right of permanent residence in the
UK. This status often hinges on the duration and nature of their stay in the
UK.
Treaty Rights and Their Impact
The rights exercised by European nationals under EU treaties play a pivotal
role. These rights, known as ‘treaty rights,’ can influence passport
applications. Typically, treaty rights relate to employment, self-employment,
job seeking, and other activities in the UK.
The EU Settlement Scheme
Post-Brexit, the EU Settlement Scheme has become significant. European
nationals must demonstrate their settled or pre-settled status through this
scheme. This status impacts the child’s eligibility for a British passport if
born after the settlement was attained.
General Considerations and Documentation
When preparing the application, parents should ensure all necessary
documentation is gathered, such as birth certificates, proof of residency,
and any additional evidence supporting their status in the UK. Careful
attention to detail can help avoid delays.
In conclusion, navigating the British passport application process for
children of European nationals involves understanding various legal
statuses and rights. By ensuring clarity on these fronts, parents can better
facilitate a smooth application journey.
How to Stay Informed on Immigration News and
Updates
Staying on top of the latest changes in immigration laws and events can be
crucial. Here’s how you can ensure you’re always informed:
- Subscribe to Newsletters: Sign up for newsletters from reputable immigration law firms and organizations. These usually cover expert analysis, essential updates, and insightful immigration guides.
- Follow Industry Blogs and Websites: Websites like Boundless, VisaPro, and the American Immigration Lawyers Association (AILA) regularly publish articles and updates on immigration topics.
- Set News Alerts:Use tools like Google Alerts to receive notifications directly to your inbox. This keeps you updated on keywords related to immigration legal developments.
- Social Media and Forums: Engage with platforms such as LinkedIn and Twitter where experts and organizations share the latest news. Immigration forums can also provide updates and community insights.
- Attend Webinars and Conferences: Participate in online events and legal conferences. These events often feature discussions led by immigration experts who provide fresh insights and valuable information.
By leveraging these resources, you can stay informed about the latest in
immigration news, events, and legal developments, giving you the
information you need to navigate the complexities of immigration processes
effectively.
Get in Touch with Us
Hire our specialist immigration lawyer to help you through this process and
ensure a successful outcome for your Family permit Visa
application. Contact us today to learn more about our services and how
we can help you with your immigration matter.
