What is the EU Settlement Scheme and who needs to apply to the EU Settlement Scheme?
Following the end of the transition period governing the withdrawal of the United Kingdom from the European Union on 31st December 2020, the immigration requirements for EEA nationals wishing to visit, live and work in the UK are being brought into line with those that apply to non-EEA nationals. This is a significant change to the UK residence rights of EEA nationals, which also affects entitlements to benefits and other services, and it is essential that eligible nationals make an application to the EU Settlement Scheme before 30 June 2021.
All eligible citizens (detailed below) must apply to the EU Settlement Scheme by 30 June 2021 to continue to work, access public funds, services and remain legally in the UK.
All eligible citizens from the European Union and European Economic Area (who are not also British citizens), include: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain or Sweden or Switzerland.
All EU/EEA nationals with permanent residence must also apply to the EU Settlement Scheme by 30 June as this document is issued under EEA regulations which come out of force by 31 December 2020.
Irish citizens are not required to apply to the EU Settlement Scheme but can do so if they wish.
Family members (who may be citizens from EEA or non-EEA citizens) are also eligible to apply. Family members include:
- Spouse
- Civil partner
- Durable partner (unmarried partnership akin to marriage or civil partnership)- (where they hold a document under the EEA regulations confirming this status)
- Child, grandchild or great-grandchild (including of the spouse or civil partner)
- Dependent parent, grandparent or great-grandparent (including of the spouse or civil partner)
- Other Family Member (where they hold a relevant document under the EEA regulations, including the relative of the spouse or civil partner where the applicant holds a relevant document in the UK as the result of an application made before 1 February 2017)
Family applications can be linked together (including EEA or non-EEA citizens). Children should apply to the scheme and where applications are linked together, children will be granted the same status as their parents. Family relationship will have to be evidenced however; this is usually easily to determine from Birth Certificates.
There are other individuals who are protected and are eligible to apply to the EU Settlement Scheme, including:
- Non-EEA family members of British citizens (Surinder Singh). These cases involve British nationals who were living in another EEA country and exercising their free movement rights before returning to the UK
- Non-EEA family members with retained rights. This might involve couples who have divorced and have resided in the UK, or possibly individuals who are divorced and victims of DV
- Non-EEA carers of a British children (Zambrano carers). This is a complex area, please seek specialist advice.
- Non-EEA carers of EU child in the UK (Chen carers). This is a complex area please seek specialist advice.
- Non-EEA carers of children (any nationality) of a former EU citizen worker who are in education in the UK (Ibrahim/Teixeira carers and children)
- Others who need a right of residence in the UK in order for the children concerned to remain in the UK (e.g., other children of the primary carer)
If you require any support in making an application to the EU Settlement Scheme, have an enquiry or issue with your application, access free confidential independent and support email CoventryEUSS@coventry.gov.uk