EU Settlement Scheme: application from abroad after 31/12/2020

[saddleback]

I have revised the EUSS last night but did not get a clear answer to the question - is the scheme open to applications after 31/12/2020 if relationships with the EU sponsor commenced before that date?

We will not be able to 'land' in UK before 31/12, meaning that we apply for the status under EUSS for my child after 31/12. Because my daughter was born abroad this summer, our relationships commenced before 31/12.

I am totally confused but might be confusing myself more than anything else.

[kamoe]

Is the scheme open to applications after 31/12/2020 if relationships with the EU sponsor commenced before that date?

Yes, on two conditions:

1.The EU sponsor resided in the UK before Dec 31st 2020
2.The family relationship commenced before Dec 31st 2020

For your children born abroad, they could apply for a EUSS Family Permit to facilitate their entry into the UK, and once in the UK, they can apply direct for the Settlement Scheme, no need to apply for a BRC first. Without a BRC they won't be able to apply through the app, but they can apply by post nonetheless.

[saddleback]

Is the scheme open to applications after 31/12/2020 if relationships with the EU sponsor commenced before that date?

Yes, on two conditions:

1.The EU sponsor resided in the UK before Dec 31st 2020
2.The family relationship commenced before Dec 31st 2020

For your children born abroad, they could apply for a EUSS Family Permit to facilitate their entry into the UK, and once in the UK, they can apply direct for the Settlement Scheme, no need to apply for a BRC first. Without a BRC they won't be able to apply through the app, but they can apply by post nonetheless.

Thank you Kamoe, especially for the tip on circumventing the BRC application.

[saddleback]

Is the scheme open to applications after 31/12/2020 if relationships with the EU sponsor commenced before that date?

Yes, on two conditions:

1.The EU sponsor resided in the UK before Dec 31st 2020
2.The family relationship commenced before Dec 31st 2020

For your children born abroad, they could apply for a EUSS Family Permit to facilitate their entry into the UK, and once in the UK, they can apply direct for the Settlement Scheme, no need to apply for a BRC first. Without a BRC they won't be able to apply through the app, but they can apply by post nonetheless.

I am chancing my arm here, but do you perhaps know anything regarding the Indefinite Leave to Enter (ILE) process under EUSS from abroad (this pertain to the query found here: eea-route-applications/settled-status-f ... l#p1941357). I thus far had no luck with eliciting information regarding such application.

[Zerubbabel]

What are you trying to achieve?

Where is your EEA national? In the UK or not yet?

[saddleback]

What are you trying to achieve?

Where is your EEA national? In the UK or not yet?

I am an EEA - Irish - national. I am resident in UK but currently in Russia waiting to sort out my daughter's documents before returning back to UK. My daughter was born in Russia and is not currently entered on Ireland Foreign Born Register to become Irish, so she currently relies on her mother's Russian (non-EEA) nationality.

She, based on the legislation discussed in the referenced thread, is entitled to a Settled Status and can in fact apply for it from abroad. This of course is desired as it circumvents both the EUSS family permit and the BRC applicant steps, which we would make on her behalf when in UK prior to applying for a Settled Status.

Now, answering your question, I am unclear of the process of applying for Indefinite Leave to Enter from abroad under EUSS auspice from abroad. We are unclear as the child does not have a BRC to use the app.

[CR001]

Indefimite leave to enter is not the EU settled scheme application.

ILE is a provision of grant under the UK immigration rules under appendix 1 and has a cost of £1523 attached to the application.

[kamoe]

She, based on the legislation discussed in the referenced thread, is entitled to a Settled Status and can in fact apply for it from abroad. This of course is desired as it circumvents both the EUSS family permit and the BRC applicant steps, which we would make on her behalf when in UK prior to applying for a Settled Status.

I am afraid you have not understood the previous explanation I have given.
In order to apply for Settled Status, she has to apply for the EUSS Family Permit, there is no way around that. The only thing you can skip is the BRC.

Now, answering your question, I am unclear of the process of applying for Indefinite Leave to Enter from abroad under EUSS auspice from abroad. We are unclear as the child does not have a BRC to use the app.

Once again, the EUSS process is:

1. Apply for EUSS family permit
2. Enter the UK
3. Apply for Settled Status, with online+post option.

There is no way to apply with the app if you want to skip BRC.

[saddleback]

I am afraid you have not understood the previous explanation I have given.
In order to apply for Settled Status, she has to apply for the EUSS Family Permit, there is no way around that. The only thing you can skip is the BRC.

Once again, the EUSS process is:

1. Apply for EUSS family permit
2. Enter the UK
3. Apply for Settled Status, with online+post option.

There is no way to apply with the app if you want to skip BRC.

Thank you Kamoe.

[nimo]

Apologies - this is not an answer but a request for further confirmation: if the two conditions are met for a spouse post 31/12/2020 does the below quote from uk gov advice not apply ? because it is not clear from their website which states:
"Pre-settled status
If you do not have 5 years’ continuous residence when you apply, you’ll usually get pre-settled status. You must have started living in the UK by 31 December 2020. "

It is intended to apply soon but very doubtful if applicant spouse would be able to enter (if application approved ) before 31/12/2020. I see that a knowledgeable person has previously outlined the route to getting pre - settlement once in uk, but would just like clarity if that also applies to post 31/12/20 in light of above.

Thank you, Nimo

[kamoe]

"Pre-settled status
If you do not have 5 years’ continuous residence when you apply, you’ll usually get pre-settled status. You must have started living in the UK by 31 December 2020. "

For some reason, the HO thinks that the only people who are ever going to read the sentence above are EU nationals who are not relying on another EU family member. In that sense, yes, if you are the relevant EU national and the reason you qualify for the EUSS is your own UK residence, then yes, you need to have started living in the UK by 31st December.

One has to dig deeper to find the sections that are actually relevant for non-EU family members of EU nationals:

If you’re overseas and a family member of an EU, EEA or Swiss citizen living in the UK
The deadline for you to join your family member in the UK is 31 December 2020 (or 31 December 2025 if your partner is Swiss and you get married or form a civil partnership after 31 December 2020).

If you’re not living in the UK by the deadline, you’ll still be able to apply if all of the following are true:

• your family member has either settled or pre-settled status

• your relationship began before 31 December 2020

• you remain a close family member, for example a spouse, civil partner, unmarried partner, a dependent child or grandchild, or a dependent parent or grandparent

Hope that answers your question.

It is intended to apply soon but very doubtful if applicant spouse would be able to enter (if application approved ) before 31/12/2020. I see that a knowledgeable person has previously outlined the route to getting pre - settlement once in uk, but would just like clarity if that also applies to post 31/12/20 in light of above.

Sorry, not sure what you are trying to say above.

[nimo]

Sorry: what i am getting at is the following - again from uk.gov

""Stay after your family permit expires:
Family permits are valid for 6 months. You can leave and enter the UK as many times as you need within that time.
After your family permit expires:
If you want to stay in the UK you need to apply to the EU Settlement Scheme.

You have until 30 June 2021 to apply to the EU Settlement Scheme if your EEA family member either:is a ‘qualified person’ (working, looking for work, self-employed, studying or self-sufficient)
has or is eligible for a permanent residence document""

So that reads to me that the non EU would have to arrive in UK before 30/6/21 if they want to apply for (pre)settlement, notwithstanding their eligibility to apply after 31/12/20 if they meet the spouse conditions - so that allowance to apply after 31/12/20 in effect is only valid for a 6 months stay because after 30/6/21 you cannot apply for (pre)settlement. Is that the case or ?

[kamoe]

that allowance to apply after 31/12/20 in effect is only valid for a 6 months stay because after 30/6/21 you cannot apply for (pre)settlement.

Well... Yes. What were you expecting?

The referendum took place in 2016. That's 4 years ago. Then the UK left the EU on 31st January 2020. That's over 9 months ago. And there is a transition period running until Dec 31st 2020, and on top of that, there is an allowance of another 6 months for non-EU family members to join, that has been communicated over 2 years in advance. I am quite pleasantly surprised, at how much time and opportunity the HO has given every EU citizen who was remotely concerned by Brexit to get sorted with plenty of time (not saying everything has been perfect, but time-wise, I find little reason to complain).

[nimo]

Thank you for that clarification. Please bear with while I try to finalise this: there is (as yet) no deadline for applying for EUSS FamilyPermit for a non EU who is the pre 31/12/20 spouse of a EU national in UK who currently has pre-settlement status. Except that if that non EU applies or enters after 30/6/20121 they will be able to use that permit solely as the basis for a 6 month stay and not to apply for (pre)settlement themselves. This looks like an opportunity (for anyone tempted) to just overstay when 6 months is up. Do you suppose there will be some regulation to tighten this up ? I guess overstayers on that basis would just revert to NRPF status and be liable to removal ?

Thanks for your assistance.

[kamoe]

Thank you for that clarification. Please bear with while I try to finalise this: there is (as yet) no deadline for applying for EUSS FamilyPermit for a non EU who is the pre 31/12/20 spouse of a EU national in UK who currently has pre-settlement status.

I think I see what you mean.

EUSS Family permits could follow the same rules than EEA Family Permits, for which people could apply for the purpose of visiting EEA family members, not necessarily for immigrating themselves. In that sense, I understand that you suggest that EUSS Family Permits will continue to be issued past June 30th 2021 to serve this same family-visiting purpose but not immigrating.

That is a good point, and something I have not seen clarified. It could be that what you say is the case, or it could be that it is decided that EUSS Family Permits should only serve immigration purposes, not visits, and in that sense, they too would have the same or earlier deadline than June 30th 2021. Again, nothing, to my knowledge, has been communicated in this respect.

Except that if that non EU applies or enters after 30/6/20121 they will be able to use that permit solely as the basis for a 6 month stay and not to apply for (pre)settlement themselves. This looks like an opportunity (for anyone tempted) to just overstay when 6 months is up. Do you suppose there will be some regulation to tighten this up ? I guess overstayers on that basis would just revert to NRPF status and be liable to removal ?

This is a can of worms waiting to be opened. And not only for non-EU visitors.

For that matter, any EU citizen arriving after January 1st 2021 can overstay their allowed 3 months. The theory is that EU and the rest of the world that is not UK will then fall into the same bag. And I suppose that means that from that point on, anyone, EU or non-EU, who is an overstayer will be treated as any non-EU overstayer has been treated in the past. That is the extent of what I can just guess.

[JB007]

I guess overstayers on that basis would just revert to NRPF status and be liable to removal ?

It looks like Pre-settled status is also NRPF.

[kamoe]

if that non EU applies or enters after 30/6/20121 they will be able to use that permit solely as the basis for a 6 month stay and not to apply for (pre)settlement themselves. This looks like an opportunity (for anyone tempted) to just overstay when 6 months is up.

Now that I re-read this, it makes no sense.

Application for Pre-Settlement is free. It has virtually no requirement appart from being physically present in the UK. Why would anyone "be tempted" to refuse a practically guaranteed legal status for 5 years, and decide not to apply for it so that they can become an overstayer?

[JB007]

I guess overstayers on that basis would just revert to NRPF status and be liable to removal ?

It looks like Pre-settled status is also NRPF.


Claiming benefits and getting help with housing

You can continue to claim benefits and get help with housing from your local council until 30 June 2021.

After that date, some benefits like Universal Credit, Pension Credit and Child Benefit might stop if you don’t have settled status. You might not be able to get help with housing from your local council.
https://www.citizensadvice.org.uk/immig ... om-the-eu/

High Court blow for EU citizens with pre-settled status trying to claim Universal Credit
https://www.freemovement.org.uk/pre-set ... al-credit/

[JB007]

Except that if that non EU applies or enters after 30/6/20121 they will be able to use that permit solely as the basis for a 6 month stay and not to apply for (pre)settlement themselves. This looks like an opportunity (for anyone tempted) to just overstay when 6 months is up. Do you suppose there will be some regulation to tighten this up ? I guess overstayers on that basis would just revert to NRPF status and be liable to removal ?

Thanks for your assistance.

Visitors and those on a visa that only gives Limited Leave to Remain, cannot have public funds and have to pay to use the NHS if that service is not free; with 50% added to their bill if they don't have insurance. The NHS can also refuse to treat if it is not live threatening and even if it is, they still get billed. NHS debt of £500 plus can affect entry or visas to reamin.Those granted pre-settled status (LLR) can use the NHS as a resident British citizen can.

Apart from overstaying being a criminal offence, there is the "hostile enviroment" the UK now has under the Immigation Acts 2014 and 2016: no working (criminal offence if they do and employers in a lot of trouble); no welfare, no healthcare, no being in a rented property or renting a room (letting agents and landlords in a lot of trouble and they can evict if they find them in their property), no UK driving licence.

[JB007]

The cost of a spouse visa for your wife, would be cheaper than thousands in NHS bills for any accident that involed a stay on a ward/operation, or another pregnancy. At least with a spouse visa, her use of the NHS would not be billed.

[euspouse07]

You daughter is not required to enter into FBR to obtain Irish nationality unless you are naturalised Irish or born abroad to naturalised Irish parents!!

[saddleback]

You daughter is not required to enter into FBR to obtain Irish nationality unless you are naturalised Irish or born abroad to naturalised Irish parents!!

Thank you for finding time to clarify that. She does (unfortunately) and it is a shitpie atm in terms of the waiting game.

[saddleback]

If you’re overseas and a family member of an EU, EEA or Swiss citizen living in the UK
The deadline for you to join your family member in the UK is 31 December 2020 (or 31 December 2025 if your partner is Swiss and you get married or form a civil partnership after 31 December 2020).

If you’re not living in the UK by the deadline, you’ll still be able to apply if all of the following are true:

• your family member has either settled or pre-settled status

• your relationship began before 31 December 2020

• you remain a close family member, for example a spouse, civil partner, unmarried partner, a dependent child or grandchild, or a dependent parent or grandparent

Hello Kamoe,

How does this play out for Irish citizens who do not require to apply for Settled/Pre-settled status?

What I ask is whether there would be issues with the application for a settled status for a dependent child of an Irish citizen based on (1) relationships with the Irish citizen established before 31/12/2020, made on foot of (2) UESS family permit issued before 31/12 and (3) made from inside the UK after 31/12/2020, whilst (4) the Irish citizen holds DCPR and continues employment (thus making NI contributions) following the issue of DCPR?

[kamoe]

How does this play out for Irish citizens who do not require to apply for Settled/Pre-settled status?

Note that there is absolutely no mention of the EU citizen needing to have applied to the EU Settlement Scheme for these conditions to apply. The only condition is residence in the UK prior to December 31st 2020. So for Irish citizens, the above conditions apply in exactly the same way as for any other EU nationality. Why would they be different?

What I ask is whether there would be issues with the application for a settled status for a dependent child of an Irish citizen based on (1) relationships with the Irish citizen established before 31/12/2020, made on foot of (2) UESS family permit issued before 31/12 and (3) made from inside the UK after 31/12/2020, whilst (4) the Irish citizen holds DCPR and continues employment (thus making NI contributions) following the issue of DCPR?

As long as the Irish citizen started living in the UK before December 31st 2020, as (4) does seem to describe, and the relationship started before 31st December, as (1) describes; then both (2) and (3) are valid.

[saddleback]

How does this play out for Irish citizens who do not require to apply for Settled/Pre-settled status?

Note that there is absolutely no mention of the EU citizen needing to have applied to the EU Settlement Scheme for these conditions to apply. The only condition is residence in the UK prior to December 31st 2020. So for Irish citizens, the above conditions apply in exactly the same way as for any other EU nationality. Why would they be different?

What I ask is whether there would be issues with the application for a settled status for a dependent child of an Irish citizen based on (1) relationships with the Irish citizen established before 31/12/2020, made on foot of (2) UESS family permit issued before 31/12 and (3) made from inside the UK after 31/12/2020, whilst (4) the Irish citizen holds DCPR and continues employment (thus making NI contributions) following the issue of DCPR?

As long as the Irish citizen started living in the UK before December 31st 2020, as (4) does seem to describe, and the relationship started before 31st December, as (1) describes; then both (2) and (3) are valid.

Thank you for a comprehensive answer!