Summer is Here!
June Deadline for EEA Nationals is approaching
With Summer upon us, we approach the deadline of 30 June 2021 which marks the end of grace period following Brexit.
The date is going to be relevant for several reasons, including the application deadline under EU Settlement Scheme, right to work checks and validity of old EEA residence documents.
Deadline for the EU Settlement Scheme
Have you already received a pre-settled or settled status? If you have been residing in the UK before 31 December 2020, the deadline approaches. If you are applying under EU Settlement Scheme, this deadline is 30 June 2021. You can read more about the EU Settlement Scheme here.
Additional Deadines in some cases
However, in some cases, a different deadline applies for application, for example:
- Family members of a British citizen qualifying for the Surinder Singh Route can apply for an EU Settlement Scheme family permit. Under this route, you would come to the UK before 29 March 2022. Once you arrive in the UK, you should typically apply for pre-settled status within three months of the date you arrived.
- If you are the spouse or civil partner of a Swiss citizen and arrive to the UK on or after 1 April 2021, different rules apply. Here, the deadline is within three months of the date you arrived in the UK, and before 1 January 2026. However, this is providing your relationship with your Swiss citizen partner began between 31 December 2020 and 31 December 2025. Further, you must still in the relationship with them when you apply.
- If the applicant is a child who is born or adopted in the UK on or after 1 April 2021 to the relevant sponsor, the deadline is within three months of the birth or adoption.
In all other cases, the deadline to apply is 30 June. This is unless there are reasonable grounds for the applicant’s failure to meet the deadline.
Examples of reasonable grounds for failure to meet the deadline include:
- Children: Where a parent or carer of a child has failed to apply to the EU Settlement Scheme on behalf of a child under 18. In this case, it will usually be considered as a reasonable ground for the child. This includes where the child is now an adult.
- Physical or mental capacity and/or care or support needs: Where a person lacks the physical or mental capacity or has care or support. Here, applying to the EU Settlement Scheme will normally constitute reasonable grounds for failing to meet the deadline.
- Serious medical condition or significant medical treatment: Where a person had a serious medical condition or was undergoing significant medical treatment before or around the time of the deadline. This will normally constitute reasonable grounds for the person to make a late application to the EU Settlement Scheme.
- Victim of modern slavery: Where a person was prevented from applying to the EU Settlement Scheme on time as a result of a victim of modern slavery. In this case, the Home Office may consider it reasonable grounds for a late application.
- Abusive or controlling relationship or situation: Where a person was prevented from applying to the Scheme before the deadline because they are/were a victim of domestic violence or abuse. Or, where a controlling relationship or situation prevented them from applying, this may be reasonable grounds for late application.
- Other compelling practical or compassionate reasons: There may be other compelling practical or compassionate reasons that could constitute reasonable grounds for a late application. We recommend you follow the Government’s guidance or seek legal advice under such cases.
Right to work checks for EEA and Swiss nationals
Between 1 January 2021 and 30 June 2021, EEA and Swiss citizens can still use their passport or national identity card to evidence their right to work check.
From 1 July 2021, employers must remember that EEA and Swiss nationals will be required to prove they have a right to work in the UK through their immigration status rather than their nationality. They can do so by using the online right to work check service or by checking the physical document confirming the person’s right to work. The Home Office will publish the new guidance on conducting the right to work check on EEA nationals in advance of 1 July 2021 in due course.
Residence document under the EEA Regulations
Residence cards or other residence document issued under the EEA regulations will be valid only until 30 June 2021. However, the end of the grace period is on 30 June 2021. From that time, you cannot reply on EU right of residence in the UK. You will need to obtain UK immigration status under the EU Settlement Scheme.
This means if you have a residence document issued under the EEA Regulations and have EU settled status under the EU Settlement Scheme, you can continue using your residence card until it expires. However, if you do not have EU settled status, your residence card will not be valid after 30 June 2021. This is why we strongly recommend applicants apply for EU Settlement Scheme as soon as possible.
For applicants waiting for the decision on their British citizenship applications, you should apply for one now. This particularly applies if you do not have a settled status under the EU Settlement Scheme. This is because, unlike other applications, a British citizenship application will not extend one person’s right to stay in the UK. Applicants should have permanent residence, ILR or settled status in the UK. In fact this would apply until they receive the certificate of naturalization, which officially confirms one’s British citizenship. Therefore, it is highly recommended to apply for settled status under the EU Settlement Scheme before 30 June 2021 to avoid having any gaps in one’s UK immigration status.
EEA Family Permit after 30 June 2021
The EEA Family Permit applications will be closed after 30 June 2021. Applicants will need to apply for an EU Settlement Scheme family permit to join your family member after 30 June 2021 provided they meet the criteria.
For applicants who already received their EEA family permit, please note the EEA Family Permit will only be valid until 30 June 2021 to travel to the UK, even if there is time left on the permit.
How can we help?
If you need legal assistance on your EU Settlement Scheme applications, please contact Taylor Hampton’s Immigration solicitors today on 020 7427 5972 or submit an enquiry here.