Long Residence Private Life Application | EU Settlement Scheme Solicitors in London
The EU Settlement Scheme provides a basis for European Economic Area (EEA) and Swiss citizens resident in the UK and their family members to apply for the UK immigration status which they will require to remain here after 30 June 2021.
The immigration status granted under the EU Settlement Scheme is either indefinite leave to enter (ILE) or indefinite leave to remain (ILR) (also referred to for the purposes of the scheme as ‘settled status’) or 5 years’ limited leave to enter (LTE) or limited leave to remain (LTR) (also referred to as ‘pre-settled status’) granted under Appendix EU to the Immigration Rules. Eligibility for settled status is generally dependent on the applicant having a continuous qualifying period of residence in the UK of 5 years (or already having documented permanent residence status under the Immigration (European Economic Area) Regulations 2016 (EEA Regulations 2016) or existing ILE or ILR).
Withdrawal Agreement
Article 20 of the Withdrawal Agreement (WA) with the European Union, reached in October 2019, sets out the circumstances when it may be appropriate to restrict the right of entry or residence of an EU citizen, a family member of an EU citizen or other persons protected by the WA.
There are corresponding arrangements for citizens from EEA EFTA States (Iceland, Liechtenstein, and Norway) and Switzerland set out in equivalent agreements with those countries. Article 20 of the WA states:
1. The conduct of Union citizens or United Kingdom nationals, their family members, and other persons, who exercise rights under this Title [Title II of Part Two of the WA], where that conduct occurred before the end of the transition period, shall be considered in accordance with Chapter VI of Directive 2004/38/EC
2. The conduct of Union citizens or United Kingdom nationals, their family members, and other persons, who exercise rights under this Title, where that conduct occurred after the end of the transition period, may constitute grounds for restricting the right of residence by the host State or the right of entry in the State of work in accordance with national legislation.
3. The host State or the State of work may adopt the necessary measures to refuse, terminate or withdraw any right conferred by this Title in the case of the abuse of those rights or fraud, as set out in Article 35 of Directive 2004/38/EC. Such measures shall be subject to the procedural safeguards provided for in Article 21 of this Agreement [the WA].
4. The host State or the State of work may remove applicants who submitted fraudulent or abusive applications from its territory under the conditions set out in Directive 2004/38/EC, in particular Articles 31 and 35 thereof, even before a final judgment has been handed down in the case of judicial redress sought against any rejection of such an application.
If you need assistance with the EU settlement Scheme, please contact our expert immigration Lawyers who are always happy to assist you.
