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European Nationals & Family
Any member of the EEA or Switzerland have the right to reside in the UK automatically
EU Settlement Scheme
For EEA nationals and their family members.
The EU Settlement Scheme (EUSS) was introduced to be compatible with the European Union (Withdrawal Agreement) Act 2020 and with the Citizen’s Rights Agreements agreed with EEA and Swiss citizens, and their family members.
This allows these citizens and their family members to apply for valid immigration status to enter and remain in the UK.
Status granted under the EU Settlement Scheme will be under one of the following:
- EUSS Family Permit (entry clearance to the UK as the family member of an EU/EEA/Swiss citizen for 3 or 6 months)
- Indefinite leave to enter/ILE (for out-of-country applications)
- Indefinite leave to remain/ILR (also known as Settled Status, for in-country applications)
- Limited leave to enter for 5 years (for out-of-country applications)
- Limited leave to remain for 5 years (also known as Pre-Settled Status, for in-country applications)
EUSS Family Permit:
You may be eligible to receive a Family Permit to come to the UK if you are the family member of an EU, EEA, or Swiss citizen. To be eligible, the following requirements must be met:
- You are the eligible family member (spouse, civil partner, unmarried partner, child/grandchild under 21, dependent child/grandchild over 21, dependant parent/grandparent) of an EU, EEA or Swiss person
- Your family member i.e., the EU/EEA/Swiss citizen was living in the UK by 31 December 2020
- Your family relationship began by 31 December 2020
- Your family member is already in the UK or will be travelling with you to the UK.
You must be able to provide the following documents to support your application:
- Valid passport
- Evidence of the relationship with your EU/EEA/Swiss family member
- Proof of your family member’s income and residence in the UK
Pre-Settled Status – Relevant EU/EEA/Swiss citizens
An EU/EEA/Swiss citizen can apply for Pre-Settled Status if they were residing the UK by 31 December 2020. They must provide proof of their nationality as well as proof that they were residing in the UK by 31 December 2020.
If successful, they will be granted with 5 years limited leave to remain in the UK i.e. Pre-Settled Status. After successfully completing this, they will then be eligible to apply for Settled Status, provided they meet all the requirements at the time of application.
Pre-Settled Status – Family Members
To apply as the family member of a relevant EU/EEA/Swiss citizen, they must have been residing in the UK by 31 December 2020. Any national of any country can apply to the citizen, provided you can prove the family relationship.
The following family members can apply:
Spouses:
You must have been married before the specified date or you must have been a ‘Durable Partner’ as defined under Appendix EU at the specified date.
Civil Partner
Your civil partnership must have formed before the specified date or you must have been a ‘Durable Partner’.
Children under 21
Children must be the direct descendant of the relevant EU/EEA/Swiss citizen. This also includes grandchildren and great-grandchildren.
Dependant Children over 21
Children must be the direct descendant of the relevant EU/EEA/Swiss citizen. This also includes grandchildren and great-grandchildren.
They must be dependant to the relevant citizen financially, medically or any other way and provide evidence of this.
Irish citizens do not need to apply for pre-settled status but may choose to do so. However, their family members must apply to the Scheme.
To book a consultation or to speak to an MLC Immigration Lawyer call 0161 224 4224. Or fill out the form below.
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