EU SETTLEMENT (ILR) SCHEME - THE SETTLED AND PRE-SETTLED STATUS FOR EU CITIZENS AND THEIR FAMILY MEMBERS
On the basis of the UK Government's decision to leave the EU ("Brexit"), EU citizens and their family members will be expected to confirm their immigration status under the UK Immigration Rules by applying for either Settled (ILR - Indefinite Leave to Remain) or pre-Settled (LLR - Limited Leave to Remain) status in the UK.
Therefore, EU citizens and their non-EEA family members, who want to continue working and receiving benefits, including the NHS healthcare in the UK, must apply for the relevant confirmation of their status under the EU Settlement or EU Pre-Settlement Scheme.
The EU Settlement Scheme allows for those EU27 nationals and their family members who have resided in the UK for a continuous period of at least 5 years to be granted Indefinite Leave to Remain (ILR) in the UK. EU27 nationals and their family members, who have resided in the UK for a period of less than 5 years but would otherwise be eligible for ILR under the Scheme can apply for the Limited Leave to Remain (LLR) in the UK allowing them to complete the 5 year continuous residence period and apply for ILR conferred under the Appendix EU of the Immigration Rules.
Who can apply under the EU Settlement Scheme ?
You can apply under the EU Settlement Scheme if you are a:
- EU citizen (but not a British citizen)
- a non-EEA citizen family member of an EU citizen
and have remained in the UK for a continued period of 5 years (certain conditions apply - see below).
If your application is successful, you will be granted Indefinite Leave to Remain (ILR) in the UK under the UK Immigration Rules. If your application is unsuccessful and you meet certain criteria - you may be granted the Limited Leave to Remain (LLR) in the UK for a 5 year period, after which, provided you then meet the requirements under the EU Settlement Scheme and you lodge your application before the deadline for the EU Settlement Scheme, you may be granted Indefinite Leave to Remain (ILR) in the UK.
If your application does not meet the ILR or LLR rules, your application will be rejected.
The application can be lodged on-line. You will need to provide your original ID or passport. In certain cases it may be possible to upload copies of the documents in support of your application.
Cost of application
The application fee for the Scheme is £65, or £32.50 for those aged under 16 on the date of application.
There is no application fee where you have previously been issued a Permanent Residence document under the Regulations and your Permanent Residence
- has not lapsed through absence from the UK for a period of more than 2 consecutive years; or
- has lapsed but the relevant absence is not more than 5 consecutive years; and, in either case
- has not been lost (for example because a deportation order or exclusion order has been made in relation to the applicant).
There is no application fee you have been previously been granted Indefinite Leave to Enter (ILE) or ILR in the UK under another provision of the Immigration Rules, and this status:
- has not lapsed through absence from the UK for more than 2 consecutive years; and
- has not been revoked or invalidated.
There is no application fee where the applicant is a child being ‘looked after’ by a local authority.
Applicants under the scheme will not be required to pay the Immigration Health Charge (IHS)
Eligible family members
The categories of family member of an EU citizen who can apply are:
- spouse or civil partner
- durable partner (unmarried partnership akin to marriage or civil partnership)
- 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)
- dependent relative (including 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)
A non-EU citizen can also apply on the basis of Retaining a Right of Residence.
Children aged 21 of the EU nationals (or their spouse or durable partner, provided the marriage/relationship subsisted before the 31st December 2020) who either already hold ILR under the Appendix EU or are applying at the same time, may be eligible for ILR in line with their parents regardless of whether they have lived in the UK for 5 continuous years.
Parents of the EU nationals (and/or their spouse or civil partner) no longer have to show that they are dependent on the EU national or their spouse, with dependence being assumed under the Appendix EU.
The Legal Centre can assist you to lodge your EU Settlement Scheme/Settled Status/Limited Leave to Remain application. Use the following link to book a consultation with us to check if you qualify under the EU Settlement Scheme: https://legalcentre.org/Initial-Consultation.html