How to Apply for a Settled Status as an EU National

Brexit was a cause of worry for many EU nationals who were concerned about their status as working individuals in the country. However, thanks to an agreement reached by the British government on the 8^th of December 2017, we’ve come to know some details about the visa status of EU citizens.

The facts are focused on EU nationals who already live in the country or will arrive before the 31^st of December, 2020 stating that:

• Any EU citizens (and family members) that by 31^stDecember 2020 can prove that they’ve lived in the UK for five years will be eligible to apply for settled status, which enables them to live indefinitely.
• EU citizens (and family members) that have notlived continuously in the UK for five years will be eligible for the ‘pre-settled status’ which will allow them to reach that five-year mark.
• EU citizens (and family members) who have the settled and pre-settled status will be offered access to healthcare, pension and various benefits as they currently have.
• Family members (spouse or partner, civil partner, child or grandchild, parent, dependant parent or grandparent) who are living overseas will be allowed to join the EU resident in the UK after the implementation period ends. Future children of the EU citizen will also be protected.

Can You Apply? Here’s what you do

You have the option to either apply online or with a an application form, however there might be some provisos as to whether you’re allowed to use that method. Applicants are required to provide their proof of identity as well as proof of residence. Although if you’re not able to provide those due to some extenuating circumstances, Home Office may allow alternative evidence as well, details of which you can find out from your UK immigration lawyer.

You will also be required to provide a facial image i.e. a picture of yourself. EU citizens and others that have a Biometric Residence Card (which is used under EEA Regulations) can simply upload their photo (passport-style) digitally. Please note that this shouldn’t be the same photo as the one on your passport. Other applicants will be required to go to the application centre to have their fingerprints enrolled.

Proof and Evidence

You will need to prove that:

• You are an EU national. You will need to provide evidence of your nationality and identity through your passport or ID card.
• You have a residence in the UK. It is required that you evidence of a continued 5-year residence in the country. If you’re applying for a pre-settled status, evidence of your current residence will be needed. This will show that you have clear intent of staying in the UK continuously. You will notneed to show that you were working, studying or have health insurance.

In cases where your work status needs to be checked, the Home Office will carry out automated checks through her Majesty Revenue and Customs as well as the Department for Work and Pension. If these checks show that you’ve continuously lived in the UK in the past five years, you will be given the settled status.

The system is different for family members. This is for non-EU citizens whose settled status depends on their relationship to the EU citizen. For example, if you’re French and your spouse is an Italian in the UK. In this case, you will need to apply under a different scheme.

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