The deadline for applying to the European Settlement Scheme to obtain pre-settled or settled status passed on 30 June 2021. However, the Home Office has made it clear that there is flexibility and late applications will be considered. This provision may not last forever and anyone who has missed the deadline should take action immediately to apply.
A number of people are under a misapprehension that it is only the newly arrived EU citizens that need to apply and that the previous Indefinite Leave to Remain (ILR) status still applies, particularly for EU citizens who have lived in the UK for a number of years. This is not the case, however, it is important to retain evidence of ILR to support your application for settled status. All documents that you provide as evidence that you have held legal residence in the UK for at least the past six months must be dated and have your name on them. The requirement to apply for settled status also applies to EU citizens married to British citizens and living in the UK.
Documents that demonstrate longer residence in the UK could be:
- An annual bank statement
- A letter of employment with information demonstrating the provenance of the employer for example, a companies house number
- A council tax bill
- Documents from a school, college or university showing the dates of enrolment and attendance. Including an invoice for fees.
- A residential mortgage statement
- Documentary evidence from a care home confirming residence
- Employer pension contributions
- Evidence of a business account for a self-employed person
- A P60 or P45 from your employer
Documentary evidence from individuals, such as references, must be from third parties and not family or friends. If you do not have sufficient evidence in your own name the Home Office has stated that it will "work with you to confirm when you've been resident in the UK based on all the evidence available."
Children must be included in the family's application if they were born in the UK but one parent was not a British citizen or had settled status. Failure to establish their status whilst under the age of majority can seriously impact on them if discovered at a later stage when they attempt to go to university or seek employment. If a parent only has pre-settled status when their children were born they are not automatically deemed to be protected nor are they British citizens, a separate application must be made on their behalf. If a parent has settled status prior to their child's birth then the child is a British citizen
Settled status has to be applied for regardless of whether you have pre-settled status, it does not automatically convert on the expiry of the pre-settled status period. Settled status must be applied for before the end of the pre-settled status period.
Giambrone's immigration lawyers have extensive experience in assisting clients with a range of challenging applications relating to such issues as citizenship, visas and residency. The application for settled status is extensive and we can guide and advise you on the required documentation, make sure your supporting evidence is correct, valid and applicable to the application for settled status, to ensure that an application is not rejected for an avoidable reason. Our lawyers are multi-lingual so you can have the confidence that you will have complete understanding of every step of the process.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.