All Articles: settled status

Court of Appeal bombshell: EU citizens with pre-settled status CAN claim benefits

The Court of Appeal has handed down a ruling that should, if not successfully appealed, make it easier for millions of EU citizens with pre-settled status to claim benefits. The case is Fratila and Tanase v Secretary of State for Work and Pensions [2 ...

18th December 2020 By

How do Covid-related absences from the UK affect EU settled status?

On 15 December 2020 the Home Office published a short guidance document covering absences from the UK connected to COVID-19. It applies to EEA citizens and their family members who have settled or pre-settled status under the EU Settlement Scheme, or ...

18th December 2020 By

Government admits EU Settlement Scheme likely discriminates against women, disabled and other groups

The government has conceded that the EU Settlement Settlement probably discriminates against various groups protected by equality legislation but denies that it is unlawful, arguing that any discriminatory effects are justifiable. Campaigners have lon ...

19th November 2020 By

EU citizens unlawfully resident in the UK to stay that way during “grace period”

The UK government has long taken the position that EU citizen students and self-sufficient people who do not have Comprehensive Sickness Insurance are living in the UK unlawfully. The Home Office has now confirmed that people in this position will rem ...

6th November 2020 By

Changes to EU Settlement Scheme affect deadlines and family reunion

Appendix EU and Appendix EU (Family Permit), which contain the rules for the EU Settlement Scheme, have received their latest revamp in the recent statement of changes (HC 813) to the Immigration Rules. The explanatory memo says that the changes ̶ ...

5th November 2020 By

Digital-only status for EU citizens “creates a real risk of harm”, experts warn

Digital-only residence permits could make it harder for migrants to access vital services like jobs and housing, a new report warns. Landlords and employers used to physical passports and residence permits may discriminate against migrants whose proof ...

1st October 2020 By

Applying for settled and pre-settled status requires genuine residence

Although the UK ceased to be a member of the EU on 31 January 2020, the transition period arrangements mean that EU citizens can still apply for leave to remain under the EU Settlement Scheme even if they move to the UK after that date, as long as the ...

29th September 2020 By

What is the legal status of EU citizens during the post-Brexit “grace period”?

As we’re constantly being reminded, free movement will come to an end this year. From 1 January 2021, EU/EEA/Swiss citizens who wish to move to the UK to work and study will have to meet the requirements of the new points-based immigration syste ...

25th September 2020 By

EU Settlement Scheme “still unknown to many migrants”

Many eastern European migrant workers don’t know that the EU Settlement Scheme exists, new research suggests. A survey of EU citizens in Cambridgeshire by the Social Market Foundation think tank found that barely half were aware of the Settlemen ...

21st September 2020 By

Briefing: can EU citizens with pre-settled status claim Universal Credit?

It was the worst of times; it was the worst of times. As a result of the Home Office gridlock caused by the coronavirus pandemic, EU citizens seeking to apply for post-Brexit immigration status under the EU Settlement Scheme have been disadvantaged in ...

28th July 2020 By

Comment: is the EU Settlement Scheme working for children?

With one year left before the close of the EU Settlement Scheme, the headline numbers look positive for the Home Office. By the end of May 2020 more than 3.6 million applications had been made, although some people have applied more than once.  This ...

6th July 2020 By

Extended family members can’t have any breaks in dependency on EU sponsor

Reading judgments from the Upper Tribunal on the EEA Regulations often feels like going back in time. A lot of the recent case law has clarified points of law in favour of migrants but almost all have come far too late to be useful. The latest case of ...

16th June 2020 By

Tens of thousands of people wait months for an EU Settlement Scheme decision

The EU Settlement Scheme promised convenience and efficiency for those required to secure their immigration status in the UK after Brexit. Yet statistics retrieved from the Home Office indicate that at least 36,000 applications had faced delays of ove ...

2nd June 2020 By

The pathway to British citizenship for European nationals in the UK

Since the Brexit vote in June 2016, many EU citizens in the United Kingdom are turning their attention to applications for British citizenship. Citizens of other countries who have been living in the UK for five years can apply to “naturalise ...

1st June 2020 By

Lengthy absences from the UK can put EU settled status at risk

For most people, the EU Settlement Scheme has largely lived up to its government billing as generous and straightforward, but confusion over permitted absences is likely to cause some European residents trouble down the line. People with pre-settled s ...

6th May 2020 By

No knowing how many Europeans will be left unlawfully resident by Brexit, experts warn

There is no way of telling how many EU citizens will be left living illegally in the UK because of Brexit, a new report has concluded. The Migration Observatory at the University of Oxford says that the government doesn’t collect or release the ...

16th April 2020 By

New statement of changes to the Immigration Rules: HC 120

The government continues to keep us immigration lawyers on our toes, and everyone else completely flummoxed, with yet another statement of changes to the Immigration Rules. Thankfully, many of these changes are welcome as they plug gaps in the EU Sett ...

13th March 2020 By

Government hiding key Settlement Scheme data, inspection report suggests

The Home Office has been concealing important data about the EU Settlement Scheme, an independent inspection report suggests. While the department refuses to release the number of “disguised refusals”, or to disclose gender breakdowns rele ...

28th February 2020 By

The unsettling Settlement Scheme: what happens if EU citizens refuse to apply?

The years since the EU referendum have been an emotional rollercoaster for European citizens in the UK.   Initial shock and disbelief were followed by months of uncertainty and tension as the British government negotiated a transitional agreement ...

27th February 2020 By

How to apply for “settled status” for EU citizens

On 31 January 2020 at 11pm, the United Kingdom left the European Union and entered a transition period, due to end on 31 December 2020. During this transition period, Europeans can continue to enjoy their freedom of movement rights in the UK as they d ...

4th February 2020 By

Celebrity chef Claude Bosi refused permanent residence after Brexit – here’s what went wrong

French chef Claude Bosi, holder of two Michelin stars for his Chelsea restaurant, published his Home Office refusal letter on Instagram today:           View this post on Instagram                   I have been in England for 23 years an ...

24th January 2020 By

Administrative review under the EU Settlement Scheme: what does the 90% success rate mean?

An incorrect decision under the EU Settlement Scheme could impact the terms by which EU citizens and their family members are able to reside and access services in the UK after Brexit. Statistics we have retrieved on administrative reviews of Settleme ...

4th December 2019 By

New statement of changes to the Immigration Rules: HC 170

Another statement of changes to the Immigration Rules (HC 170) was laid on 24 October 2019. The changes relate to Appendix EU of the Rules and their functioning in a no-deal Brexit scenario. This is somewhat surprising given recent events. Jacob Rees- ...

25th October 2019 By

Do the EU Settlement Scheme statistics add up?

The Home Office released a new set of EU Settlement Scheme statistics in early October. While this update again showed a rise in applications to the scheme, it also suggests re-applications to it are counted towards the total. This raises questions ov ...

21st October 2019 By
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