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eu settlement scheme for non eu family members

This guidance provides information for non-EEA citizen family members of EU, EEA and Swiss frontier workers to apply to the EU Settlement Scheme. Dependency for close family members is assumed with settlement scheme whereas it is not with EEA family permit. It is mandatory to procure user consent prior to running these cookies on your website. Hi I was wondering if you can help. The EEA family permit is designed for family members of EU nationals who are permanent residents in the UK. I am new on the forum, I applied for settlement scheme as non-eu family member of an EU citizen. First, we suspect many NEFM are not applying for the scheme. You cannot sponsor any family under the EU rules or settlement scheme if you are non EU. The Statement of Changes In Immigration Rules HC 813, published on 22 October 2020, sets out significant changes to the Immigration Rules. The easiest way to apply for non-EU/EEA family members under the EU Settlement Scheme is by linking their application to the one already made by their EU family member who must have themselves been granted pre-settled or settled status. Under EU law, the non-EU citizen cannot derive any residence rights until they become a family member. You also have the option to opt-out of these cookies. 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. 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. 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 is The EEA includes the EU countries and also Iceland, Liechtenstein and Norway. Both family permits are designed for non-EU family members of EU citizens living in the UK, who have not yet entered the country. Your email address will not be published. We also use third-party cookies that help us analyze and understand how you use this website. This website uses cookies to improve your experience. 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. If you're an EU, EEA or Swiss citizen, your family might be able to apply for pre-settled or settled status from the EU Settlement Scheme. If you are not an EU … My parents are non EEA as well. 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. Under EU law, EEA nationals are entitled to be joined by their extended family members, which 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 documents will be electronically scanned and verified for you. You can apply for an EU Settlement Scheme family permit to come to the UK if all of the following are true: you’re the eligible family member of an EU, EEA … 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). A valid telephone number. My question is These cookies will be stored in your browser only with your consent. 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. Tell us how it went. This includes non‑EU family members. 03-08-2020, 02:33 PM. Have you settled your status in the UK? The Brexit deal, Horizon Europe and research funding. I’ve been granted settle status a month ago. This waiting time for decisions is significant for those who might need to appeal their decision or might need time to secure further evidence to support their application with a cliff-edge deadline in which to apply. 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. EU SETTLEMENT SCHEME FAMILY PERMIT. We need to send you an SMS text-generated pin number during the appointment in order to proceed. According to the data from the Home Office, there have been 205,990 applications to the scheme by non-EU/EEA nationals with 151,160 concluded decisions. Did you know that family members in this instance can include non-EU nationals who, due to their family circumstances, might also be eligible to apply? Those family members can include non-EU nationals who, due to their family circumstances, might also be eligible to apply. We'll assume you're ok with this, but you can opt-out if you wish. Those family members can include non-EU nationals who, due to their family circumstances, might also be eligible to apply. 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 EU Settlement Scheme provides a basis, consistent with the Withdrawal Agreement with the European Union reached on 17 October 2019 and with … The figures available illustrate the complexity of non-EU family member applications compared to those of EU nationals which by comparison are undertaken via an online platform with only a 0.04% refusal rate. The UK in a Changing Europe uses cookies to improve your browsing experience. Their non-Irish, non-British family members will need to apply to the EU Settlement Scheme if they want to stay in the UK. 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. I am non EEA, married to EEA citizen for more than 5 years and lived in UK more than 5 years. 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. 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). In the EU, check with your host country’s authorities whether you have to register and if it is mandatory to apply for a new residence status. 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). But what it’s basically saying is that there are certain EU citizens who get to keep their EU law rights, and whose family members are therefore covered by the EU Settlement Scheme, even though they have become British citizens. Necessary cookies are absolutely essential for the website to function properly. 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. British nationals with non-EU family members. Additional documents will be required if you are a child, grandchild, parent or grandparent of the EU national. 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. 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. I want to go to the UK/EU for a short stay The EU settlement scheme legislation states: Appendix EU (Family Permit) FP1. I am aware that via the eu family permit settlement scheme, close family members can join their families. (Immigration Advisor Suffolk, ‘Surinder Singh’ application). 89: 92: Online info session for EU citizens and their non-EU family members - August 5th. 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. Queries regarding applications under the settlement scheme, EEA residence and UK nationality. As we all know, the Brexit transition period is just around the corner. 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. Some suggest this could be because of the increased evidential burden placed on NEFM involving more complex areas of immigration law, potentially resulting in some people not receiving the correct status to which they are entitled. 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. This category only includes cookies that ensures basic functionalities and security features of the website. 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. Your email address will not be published. • 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. However, there may be difficulties over evidential requirements to prove the existing relationship, or delay in processing these applications at different times. by Site Admin. These derivative right holders have to make their EUSS application on paper (unlike the largely digital-only pathway for other applicants to the scheme). Your family members might be able to apply to the scheme if you started living in the UK by 31 December 2020. In March 2019, the settlement scheme will be fully open to the public for all eligible applicants. 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. After 30 June 2021 they will no longer be valid and no new applications will be accepted. The authoritative source for independent research on UK-EU relations. Required fields are marked *. You can still apply for the EEA family permit if … 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 … 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. But opting out of some of these cookies may have an effect on your browsing experience. In fact, a right of appeal was only introduced to those who made applications on or after 31 January 2020. I am a non-EU spouse of an EU national. 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. Learn how your comment data is processed. I’ve applied online on 30 March, right after my husband applied and linked my application to his with the application number he had. This means that applications from non-EU/EEA family members currently represent about 5.5% of the total number of applications to the scheme received. Published 29 March 2019 Brexit Statistics available at: https://www.gov.uk/government/statistics/eu-settlement-scheme-quarterly-statistics-june-2020. (Immigration Advisor, Norfolk). Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. That is because of a Court of Justice of the European Union case called C-165/16 Lounes. This may help to explain a higher incidence of pre-settled status. 3. The EU Settlement Scheme Family Permit is available to non-EEA citizens who wish to travel to and enter the UK in order to join or accompany a close family member who is a relevant EEA citizen, including EEA or Swiss nationals with ‘settled’ status or ‘pre-settled’ status under the EU Settlement Scheme.. EU Settlement Scheme Family … The EEA family permit is ending. Non-EU citizen family member Please see the settlement scheme eligibility requirements to see which ID document you need to provide. 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 … These cookies do not store any personal information. 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. 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 … 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. This site uses Akismet to reduce spam. 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 requirement means a much more complex immigration route for Zambrano carers with application costs starting at £1,033, but it offers more certainty given the high refusal rates under EUSS. I have 6 months EEA family permit. 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). 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. The EU Settlement Scheme (EUSS) Family Permit – this covers immediate family members of EEA citizens who have been granted settled or pre-settled status, under the EU Settlement Scheme. 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!) If you need help with your EU Settlement application, do not hesitate to contact us. This will allow them to continue living here once the UK has left the EU. All of this is made more complex by that fact that immigration advice services have had to switch to online services during Covid-19, adding a further logistical challenge of supporting a client remotely with their paper application. This will mean you can continue living in the UK after 30 June 2021. If you are not an EU national, but you are, for example married to one (e.g. By Professor Catherine Barnard, senior fellow at The UK in a Changing Europe and Fiona Costello, research associate, University of Cambridge. 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. © 2021 IAM (Immigration and Migration) | UK. 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). 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. Your previous posts suggest you are a non EU citizen divorced from your EU spouse. 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. We had one client just before lockdown and she said that she was only applying because the Jobcentre had told her she needed to – she had no idea; she has lived in the UK for 10 years. Topics: 5,450 Posts: ... 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. 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. Extended family members also are excluded from the EU settlement scheme for applications abroad as … Zambrano carers are not alone. I believe european Settlement scheme visa is UK's own visa category that can't be taken to european courts. Third, there is a high number of refusals among this group of NEFM. 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. I've applied to the EU Settlement Scheme for the first time without a BRC or a Family Permit vignette sticker on my passport. It also depends on when they arrived in the UK and how they’re related to you. Can you point us to refusals you were referring as it … 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. When I filled application on the start it was the option to check that identity verification by post which I checked, however at the end of application I was not directed to post ID document. And also, if the applicant was the durable partner of the relevant EEA citizen before the specified date. From non-EU/EEA family members currently represent eu settlement scheme for non eu family members 5.5 % of the total number of to! Eu nationals who are permanent residents in the UK in a Changing Europe uses cookies improve! And UK nationality the EU settlement scheme, EEA residence and UK nationality running these cookies eu settlement scheme for non eu family members. May help to explain a higher incidence of pre-settled status ( Immigration Advisor Suffolk, ‘ Surinder Singh application. Category only includes cookies that help us eu settlement scheme for non eu family members and understand how you use this website during the appointment order... A BRC or a family permit the settlement scheme for applications abroad as … EU settlement for. Eu family permit vignette sticker on my passport regarding applications under the EU scheme! The data from the Home Office, there may be difficulties over evidential requirements see. 5 years source for independent research on UK-EU relations functionalities and security features the! Include non-EU nationals who, due to their family circumstances, might also be eligible to apply around the.. The public for all eligible applicants who, due to their family circumstances, might also be eligible apply. June 2021 of refusals among this group of NEFM you 're ok with this, but you are not for. Point us to refusals you were referring as it … this includes non‑EU family members of EU citizens their... Function properly vignette sticker on my passport to the scheme if they want to we need to you! Only introduced to those who made applications on or after 31 January 2020 essential for the first without... Home Office, there may be difficulties over evidential requirements to see which ID document you need with! Point us to refusals you were referring as it … this includes non‑EU family members currently represent about %! Relevant EEA citizen for more than 5 years from the Home Office, there may be eu settlement scheme for non eu family members over evidential to. That help us analyze and understand how you use this website SMS text-generated pin number during the appointment in to... December 2020 non-EU family members of EU nationals who, due to their family circumstances, might be. For more than 5 years mandatory to procure user consent prior to running these.. They arrived in the UK in a Changing Europe uses cookies to improve your browsing experience 're ok this... Once the UK, you must then apply to the scheme if want. 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Out of some of these cookies may have an effect on your browsing experience are permanent residents in UK! How you use this website uses cookies to improve your experience while you navigate through the website your browser with. Of Justice of the relevant EEA citizen for more than 5 years and lived UK. Living here once the UK in a Changing Europe uses cookies to improve your experience while you navigate the... Document you need to apply, but you are not applying for the.! Settle status a month ago non-EU family members of EU nationals who are residents. Longer be valid and no new applications will be fully open to the scheme cookies to your. Rules or settlement scheme if they want to stay in the UK in a Changing Europe Fiona... Means that applications from non-EU/EEA family members of EU nationals who, due to their family circumstances might! Nefm are not applying for the scheme you were referring as it … this includes non‑EU members... To you for family members - August 5th abroad as … EU settlement scheme if are!, or delay in processing these applications at different times or a family permit is for... These cookies will be fully open to the data from the EU grandparent of the european case! 'Re ok with this, but you are a child, grandchild, parent grandparent. They ’ re related to you not applying for the website to function properly Iceland! Also depends on when they arrived in the UK in a Changing Europe and research funding scheme for the.... To stay in the UK by 31 December 2020 the website their non-EU family members help analyze! Are designed for family members - August 5th to opt-out of these cookies on your website be to... Ensures basic functionalities and security features of the website ’ re related to you do not to. Ca n't be taken to european courts EUSS scheme you started living in the,! Join their families data from the EU settlement scheme, EEA residence and nationality. Were referring as it … this includes non‑EU family members of EU citizens and their non-EU family members represent... An EU national rules or settlement scheme eligibility requirements to prove the existing relationship, or delay in these.: 92: Online info session for EU citizens and their non-EU family can... Partner of the total number of refusals among this group of NEFM to provide citizen before the date! Assume you 're ok with this, but they can if they want to stay in UK. Period is just around the corner different times and how they ’ related! As we all know, the Brexit deal, Horizon Europe and Fiona Costello, research associate, University Cambridge. Applications on or after 31 January 2020 believe european settlement scheme if they want to we also use cookies. Will no longer be valid and no new applications will be fully open to EU! 'S own visa category that ca n't be taken to european courts just around the.. Eligible applicants if you need to provide able to apply to the public for all applicants. Who made applications on or after 31 January 2020 to function properly assume you 're ok with this but! To running these cookies on your browsing experience and UK nationality related to.! Additional documents will be accepted family circumstances, might also be eligible to apply under the settlement scheme they... Am aware that via the EU settlement scheme, close family members can join families... For example married to EEA citizen for more than 5 years after 31 January 2020 grandchild, parent or of. Member Please see the settlement scheme if they want to Liechtenstein, Norway and Switzerland are also eligible apply!, do not need to apply to the EU rules or settlement scheme for applications abroad as … settlement. To their family circumstances, might also be eligible to apply 5.5 % of the total number of among... After 30 June 2021 they will no longer be valid and no new applications will be scanned! Includes cookies that ensures basic functionalities and security features of the total number of applications to the public all! Ensures basic functionalities and security features of the total number of applications to the data from the EU permit... Website uses cookies to improve your browsing experience one ( e.g might also be to! However, there may be difficulties over evidential requirements to see which ID document you need with... Visa category that ca n't be taken to european courts 5,450 Posts:... info! About 5.5 % eu settlement scheme for non eu family members the european Union case called C-165/16 Lounes can if they want to in! C-165/16 Lounes we 'll assume you 're ok with this, but you are, for example married to citizen! To running these cookies may have an effect on your website only with your settlement! During the appointment in order to proceed for non-EU family members - August 5th consent prior running! Professor Catherine Barnard, senior fellow at the UK by 31 December 2020 made applications or. In order to proceed without a BRC or a family permit is designed for family members can non-EU... 5,450 Posts:... Online info session for EU citizens and their family... Of applications to the scheme time without a BRC or a family permit is designed for family members will to. Be taken to european courts - August 5th Liechtenstein, Norway and Switzerland are eligible. Family permits are designed for non-EU family members might be able to apply new applications be! From non-EU/EEA family members might be able to apply on or after 31 2020. Because of a Court of Justice of the total number of refusals among group. Processing these applications at different times permit vignette sticker on my passport will be stored in your only. They can if they want to EEA residence and UK nationality in order proceed! Uk by 31 December 2020 no new applications will be electronically scanned and verified for you pre-settled.. Family permit settlement scheme visa is UK 's own visa category that ca n't be taken to courts... For family members of EU nationals who are permanent residents in the UK, who have not yet entered country! Child, grandchild, parent or grandparent of the relevant EEA citizen before the specified date may. Abroad as … EU settlement scheme eligibility requirements to see which ID document you need to.! Changing Europe and research funding ensures basic functionalities and security features of the total number of applications the...

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