EU Settlement Scheme
If you are planning to get the pre-settled or settled status in the UK, then Sindhu Immigration Services can be your best choice. Our dedicated professionals work as helping hands and thoroughly guide you throughout the application process. Our guide will give you a quick review of the settlement scheme and the pre-requisites to apply for it.
According to the current regulations of the UK government, if anyone wants to extend their stay in the UK after 30th June 2021, then they will need to apply for the settlement scheme. No matter if you are an EU citizen or an immediate/extended family member of an EU citizen, you should apply well before time to avoid any nuisance. It applies if you are either:
· Born in the UK and aren’t a British citizen
· A non-EU citizen who has married a British citizen
However, it is important to be noted that a person who is married to a British citizen and is from outside the EU will not be eligible to apply for the settlement scheme. The EU settlement Scheme has opened for applications from 30th March 2019.
Also bear in mind that a person doesn’t need to apply if he/she is:
· An Irish citizen (the family members still need to apply no matter if they are from outside the UK or Ireland)
· Having indefinite leave to remain in the UK
· Having indefinite leave to enter the UK
Applying for Settlement Scheme
To apply for the Settlement Scheme, you should meet any of the following criteria:
· You must be in a permanent relationship with an EU citizen as a civil partner, spouse, or an unmarried partner
· Unmarried persons will need residence card as proof of their relationship
· Immediate or extended family members of the EU or EEA citizens
If you have a Permanent Residence Card, then you will still need to apply to get either of the following:
· Settled Status
· Pre-settled Status
The EU nationals who have been living in the UK continuously for five years or more will be granted settled status in the UK by 30th June 2021. The closing date to apply for the scheme is 30th June 2021, but it should be noted that it includes a grace period of half a year for the ones who forgot to send in the applications.
You will get the settled status without much hassle if you have:
· Entered in the UK to live before 31st December 2020
· Lived in the UK continuously for a period of 5 year
Benefits of Settled Status
The settled status will bring in the following benefits for the applicants:
· Stay in the UK for as much longer as you want
· Eligible persons can apply for British citizenship
· Render National Health Services
· Free to work in the UK
· Enroll in any course or degree
· Access public funds like pensions
· Free to travel in and out of the UK
The person who has got the settled status will be able to bring in close family members in the UK if the following conditions are met:
· The relationship began before 31st December 2020
· The person should be in the relationship with you while applying for the reunion
As Brexit is approaching the political and social life of everyone in the UK and EU, EEA nationals currently living in the UK will need to determine their residence status officially. Thus, the settlement scheme has launched, and EEA nationals should apply for settled or pre-settled status.
Our immigration lawyers will assist you through the process in the best possible ways. It is to be noted that the applicant will not have the authority to select between settled or pre-settled status while applying to the settlement scheme. The Home Office will have the complete authority to make the final decision on whether the applicant is eligible for settled or pre-settled status.
Pre-requisites of getting Pre-settled Status
If the applicant has not completed at least five years of continuous residence in the UK, then he/she won’t be eligible for the settled status and should apply for pre-settled status. The residence period should be a minimum of five years before the expiration of the deadline, which is 30th June 2021, to get the settled status. However, the pre-settled status will be granted to the applicant who met all other criteria except this one.
The applicant will then be entitled to change the pre-settled status to the settled status as soon as five years of continuous residence will be completed. This change in status will be free of cost as per described by the Home Office.
Qualified person for Pre-settled Status
The person who will be qualified to apply for the settled status should:
· Have come to the UK just on the threshold of Brexit without knowing how to qualify for the status and the rights you will be getting after that
· Be an EEA national and the period of continuous residency is less than five years
If the person hasn’t completed five years of continuous residence in the UK, then he will be granted pre-settled status and will be entitled to spend up to 2 years in a row outside the UK without losing the status. However, you need to maintain continuous residence in order to qualify for the settled status. The person can stay in the UK for five more years from the date to getting pre-settled status, but he/she will need to apply again to get the settled statu
Benefits of Pre-settled Status
Once the person has got pre-settled status, he will have the right to:
· Work full-time in the UK
· Use the National Health Services
· Study in the UK
· Access public funds like pensions
· Free t travel in and out of the UK
As far as the case of children is concerned, any child who is born in the UK after you have got the pre-settled status will be automatically eligible for the pre-settled status. However, if they qualify through the other parent, they will only be considered as a British citizen, and their status will remain valid. There isn’t any application fee for the children to apply for the pre-settled status who are under the age of 18 and are being looked after by the local authority.
The only difference between settled and pre-settled status is the right to citizenship.
The fee to apply for the settlement scheme is £65 per person and £32.50 for those who are under 16 years old at the time of submitting the application. There are some cases when the application fee is waived off, which are:
· Where the applicant has been issued a permanent residence document previously
· Where the applicant is entitled to indefinite leave to enter and leave the UK under another provision of immigration rules
Settled Status vs. Permanent Residency
You will not get a UK passport or British citizenship with the settled status as compared to that of the Permanent Residency. However, Settled Status will give you fewer rights to the PR status and is quite an easier process.
A valid permanent residence document can be one of the following:
· A certificate in the passport
· A biometric residence card for non-EEA nationals
· A certificate in the blue residence documentation brochure
· The document reading “Document Certifying Permanent Residence” for EU, EEA and Switzerland citizens
· The document reading “State of Permanent Residence” for anyone who doesn’t fall in the before-mentioned category
The permanent residence document can be changed to the settlement status by simply applying to the EU Settlement Scheme, and you don’t need to show the proofs of 5 years of continuous residence.
Our other Service for EEA Nationals
Sindhu Immigration Services has earned a name of trust among EEA nationals seeking help to reunite with their non-EEA family members. The consolidation of UK immigration rules back in July 2012 has resulted in an increasing number of split families with the introduction of elderly dependent relative rule and minimum income rule along with its labyrinthine documentary requirements.
If you too are looking for a trusted advisor who can help you through this daunting process, then you are in the right place. We have helped hundreds of families in uniting with their loved ones and are at your disposal 24/7. Just contact us through any medium and leave the rest to our talented professionals.
EEA Family Permit Visa
EEA Family Permit Visa offers entry into the UK for the family members (who are not from EEA countries) of EEA nationals who are currently or are planning to reside in the UK in the near future.
Theoretically, an EEA Family Visa is not required for a non-EU partner or spouse as the permission can be sought to enter the UK at the border. However, it is strongly advised to get the family permit visa well before traveling with your family. Some of the airlines may straight away refuse to board you due to the fear of getting fined for carrying a person who needs permission from authorities to enter the premises of the UK.
In addition to that, your entry to the UK may also be refused by the immigration officials if you don’t have the EEA Family Permit with you. Thus, it is better to be well prepared to avoid any nuisance.
The validity of an EEA Family Permit is for six months, and after this period, the person needs to renew the permit if he/she is planning to extend the stay or can apply for the EEA Family Residence Card, which will formalize your stay in the country.
Are you worried about the process of getting your EEA Family Permit Visa and don’t know how to deal with it? We have got it covered for you. At Sindhu Immigration Services, we have expert advisors and lawyers on board to help you out with anything in the best possible ways.
Our team of certified professionals has vast experience of helping EEA nationals and their immediate family members to secure the right to live and working in the UK. We comply with the development of Brexit plan and thoroughly analyze the impacts it can have on the EEA citizens and their families. Our dedicated experts are here to assist and guide you on how to ensure the right to remain in the UK.
Requirements of an EEA Family Permit
Following are the requirements to qualify for an EEA Family Permit:
· You need to show that you are an immediate or extended family member of an EEA citizen who is already residing in the UK or will be traveling with you in the next six months of your application.
· If the EEA national is already residing in Britain for three months or more, then he/she must be exercising the Treaty Rights as a self-employed person, employed person, student, or even a self-sufficient individual.
· You should show that you will be living in the same house with the EEA national as one of the dependents.
Besides these, some of the extended requirements also need to be fulfilled, which can vary widely depending upon your particular case. But you don’t need to worry about anything as our experienced immigration lawyers will guide you throughout the process.
However, a family member under UK laws is defined as:
· A spouse
· Civil Partner
· A partner with whom you have lived for at least two years within a relationship akin to marriage (this also refers to same sex partners according to the updated regulations)
· A dependent child
· A grandchild under 21 years
· A dependent parent or grandparent of EEA national
You also need to know that an extended family member includes your siblings, cousins, aunts, uncles, nieces, nephews who are dependent on you for day-to-day care.
Applying for an EEA Family Permit
The application to get an EEA Family Permit is quite easy to process, and you can submit it online unless you are applying from North Korea. The Government doesn’t charge any fees to process this application. If you find the process daunting, then get in touch with our professionals, and they will guide you through every step.
Documents to include with the application
To make sure that you will qualify for the EEA Family Permit, you need to provide the below-mentioned documents:
· A valid passport
· Sponsor’s valid passport or national identity card
· Proof of your relationship with the EEA national like an official marriage certificate, birth certificate, civil partnership certificate, and, if unmarried, then evidence that you have lived together for two years
· Proof of dependency on the EEA family member
· Permanent residency status’ proof of the EEA family member
By having the EEA Family Permit, you will be able to travel to the UK without any hassles, and it can also smoothen up the process of EEA Residence Card as most of the requirements will already be fulfilled in this procedure. Don’t worry if your EEA Family Permit application is refused as our experienced lawyers will examine the reason for refusal and will resubmit the application while taking the best actions to rectify the situation.
UK Residence Card
Non-EEA nationals who are currently residing in the UK as the family members of EEA national can apply for the residence card if they have been exercising treaty rights. It is to be noted that the application for the UK residence card can only be made if the applicant is already living in the UK. If you are applying to join your EEA national family member from outside the UK, then you should apply for EEA Family Permit Visa.
At Sindhu Immigration Services, we help our clients thoroughly, whether it is about giving a piece of sincere advice or assisting in applying for the residence card. The applicant might have formerly come to the UK on the basis of the EEA family permit or any other visa and can apply for a residence card during their stay in the UK.
Having a residence card is not a compulsion for an immediate family member, but extended family members of EEA nationals should apply it to be a resident of the UK. You can get the benefits of securing rights for employment and qualifying for specific services in the UK if you have your EEA Residence Card with you.
Applying for Residence Card
You can apply for the UK Residence Card if you are an immediate family member or an extended family member living currently in the UK and depends upon the EEA national. Family members include:
· A Spouse
· A civil partner
· Children or grandchildren below the age of 21
· Dependent parents or grandparents
Unmarried partners and extended family members of EEA national in a “durable” relationship who satisfy some other conditions as well can also apply for the residence card. While there is no particular definition of the “durable” relationship, the Home Office has the right to implement its own guidelines and regulations to assess whether the relationship passes or not.
Solid proofs must be provided to prove that the couple is in a relationship for at least two years. The right for extended family members’ appeal has been dismissed since the EEA Regulations 2016 were introduced in February 2017. When the person is eligible to appeal the refusal, he/she then needs to leave the UK to lodge an appeal from the overseas.
An EEA Residence Card is generally granted for five years, and the visa holder can work in the UK as a full-time employee.
The following criteria should be met by the applicant to be eligible for the UK Residence Card:
· Applicant should be a non-EEA citizen
· The applicant should be an immediate or an extended family member of the EEA Permanent Residence or EEA national qualified person.
Some of the applicants can also be eligible for the UK residence card based on their rights of residence status.
Fees and processing time
It costs around £65 per applicant to apply for the UK Residence Card. Some applicants might also have to pay an additional fee of £19.20 if biometric information is to be provided. As far as the processing time of the application is concerned, it can vary depending upon the credentials of the applicant. In accordance with the information available on the Home Office’s website, standard processing time can be up to 6 months. The majority of the applicants get the reply within 2-3 months on average.
You must be wondering which documents and supporting evidence you will need to submit the EEA Residence Card’s application successfully. Some of the most important ones are:
· Current passport of the applicant
· Passport or national identity card of the sponsor
· Two passport size photographs of the applicant
· One passport size photograph of the sponsor
· Proof of relationship (marriage certificate, birth certificate, etc.)
· Evidence of the sponsor’s exercising Treaty rights in the UK
If you don’t have enough knowledge about the pre-requisite and application processes, then our EU immigration lawyers are here to help you out. Our consultants and lawyers specialize in EEA applications that are dedicated to assisting you in any regard.
The registration certificate is an official document to prove that a person has the right to live in the UK if the applicant is from EEA, EU, or Switzerland. A Croatian national can work in the UK without a registration certificate.
A person can apply for a registration certificate if he/she is eligible, and the eligible person is:
· A qualified person
· A close/immediate family member of a qualified person
· An extended family member of the EEA national or the qualified person
Here a qualified person is referred to an employee, student, self-employed, self-sufficient, a job hunter living in the UK.
Applying as a qualified person
If you don’t have any idea how to apply for a registration certificate as a qualified person, then we are here to take the burden off your shoulders. The applications can be submitted online, and our immigration lawyers will help you throughout the process.
You need to provide biometric information along with some supporting documents while applying for the registration certificate. You will also be asked to make an appointment with the UK Visa and Citizenship Application Services to provide your full-fledged “biometric information,” and we can help you with that too.
The supporting documents that you need to submit with your application can be uploaded into the online service form and can also have them scanned at your appointment. If you are unable to apply online, then you can download the EEA (Qualified Person) form, fill it, and send it to the address that is mentioned on the form.
The whole process can cost around £65, which includes the fees and supporting documents that are listed on the form.
Applying as a family member of the qualified person
Whether you are an immediate or extended family member of the qualified person, you can apply for the registration certificate. Close family members include spouse, civil partner, children, grandchildren under 21 years old, parents, and dependent grandparents.
Extended family members are brother, sister, cousin, aunt, uncle, nephew, niece, and unmarried partner living with the qualified person in a lasting relationship. You can download the application form from the website and are required to send the completed form to the Home Office, including the fee, which is £65 per person.
The application will be followed by appointment with UK Visa and Citizenship Application Services for the submission of biometric information and supporting documents.
Eligibility criteria for family members
For a person to be eligible for the registration certificate, one or more of the below-mentioned conditions should apply:
· You are living or have lived in any country other than the UK and are still financially dependent on the qualified family member
· You want to join your family member in the UK, having lived with them in a country other than the UK before
· You need day-to-day or personal care from the qualified person due to some severe health issues
· You are the partner of the qualified person and have been in a lasting relationship
Permanent Residence Card
Are you an EEA or EU national who wants to get the permanent right to reside in the UK? Our immigration lawyers can help you in applying for the permanent residence card as we have the certified experts on-board. Permanent residence is an immigration status that is granted to the qualified EEA nationals for at least five years.
If you need any type of help with your Permanent Residence Application, then we are here to help you. Our experts will provide comprehensive immigration consultation for both individuals and businesses, whether based inside or outside the UK.
A qualified person for the permanent residence card of the UK is the one who falls in any of the following categories:
· A worker or an employee
· A self-employed person
· A self-sufficient person
· A job seeker
· A student
The below-mentioned individuals will be eligible to apply for the permanent residence card in the UK:
· An EEA national living in the UK for a continuous period of not less than five years
· A non-EEA family member (whether immediate or extended) of an EEA national who has been residing in the UK with the EEA national in compliance with the 2006 Regulations
· A self-employed or a worker who has ceased activity and their family members
· An individual who was the family member of the self-employed person where the person has died, and the family member has resided with the concerned person immediately before the death
· A person who has resided in the UK for a continuous time span of five years and was at the end of the retained right to residence
Right to Permanent Residence in the UK
You can get the right to permanent residence in the UK if the above-mentioned criteria are met. Here a question arises, can a person lose the permanent residence status once acquired? The simplest answer to this is YES. If the EEA national remains absent from the UK for a period of more than two years consecutively, then he will not be entitled to the Permanent Residence Status anymore.
However, there are a few exemptions to this rule which are:
· If the period of absence doesn’t exceed six months in total in any of the residing years
· If an individual is not in the UK due to military services
· If the person has to be absent from the UK due to any critical medical reasons for not more than 12 months, such as serious illness, pregnancy, and childbirth, study, vocational training, overseas posting, etc.