All Articles: settled status

Supreme Court overturns expansion of benefits rights for EU citizens

The Supreme Court has overturned last year’s ruling that EU citizens with pre-settled status should be able to claim Universal Credit without having to jump through hoops. The case is Fratila and another v Secretary of State for Work and Pension ...

1st December 2021 By

Helpful changes for family members applying under the EU Settlement Scheme

Changes to Appendix EU and Appendix EU (Family Permit) to the Immigration Rules come into force on 6 October 2021. This post attempts to flag the significant changes that are likely to impact on current and future applications. Joining family members ...

20th September 2021 By

Some coronavirus concessions are being written into the Immigration Rules

Scattered throughout the latest statement of changes like needles in a 186-page haystack are three COVID-19 concessions that previously only appeared in Home Office guidance. They will now form part of the Immigration Rules. In immigration law, a conc ...

17th September 2021 By

Good news for EU citizens making late applications for post-Brexit residence rights

EU citizens and their families who apply late to the EU Settlement Scheme will have their day-to-day rights protected while that application is considered, the Home Office has announced. The U-turn came in a press release on Friday evening, which says ...

9th August 2021 By

Denying benefits to EU pre-settled status holders justified if no fundamental rights breached

The Court of Justice of the European Union has held that refusing Universal Credit to EU citizens with pre-settled status is justified so long as there is no risk of breaching fundamental rights under the EU Charter. The case is C-709/20 CG v Departme ...

16th July 2021 By

British citizenship for children whose parents miss the EU settled status deadline

On 1 July 2021, the British Nationality Act 1981 (Immigration Rules Appendix EU) (Amendment) Regulations 2021 (SI 2021 No. 743) introduced a new section 10A to the British Nationality Act 1981. This new section is aimed at ensuring that certain childr ...

1st July 2021 By

Briefing: what happens to EU citizens who miss the settled status deadline?

The Brexit vote, the triggering of Article 50, the failed May deal, the Johnson capitulation, the legal exit at the start of 2020 and the economic exit at the year’s end have all come and gone. On 30 June 2021 comes another milestone: the deadli ...

28th June 2021 By

Briefing: to Zambrano or not to Zambrano?

The important case of Akinsanya, which we introduced in these articles, has opened the door for many non-European primary carers of British citizens to now apply for residence rights under the EU Settlement Scheme. There are many advantages to doing s ...

22nd June 2021 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 ...

22nd June 2021 By

Latest on Zambrano carers and the EU Settlement Scheme

On 9 June, in the case of Akinsanya, the High Court found that the definition of Zambrano carers in the rules for the EU Settlement Scheme was wrong, insofar as it prevented those with permission to remain under another part of the Immigration Rules f ...

21st June 2021 By

How do Covid-related absences from the UK affect EU pre-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 ...

17th June 2021 By

Dual EU/UK nationals can sponsor family members under the EU Settlement Scheme

In case C-165/16 Lounes, the Court of Justice of the European Union found that EU citizens who moved to the UK to exercise free movement rights and later naturalised as British (while also keeping their EU nationality) retain their free movement right ...

17th June 2021 By

High Court finds the EU Settlement Scheme rules for Zambrano carers unlawful

In a welcome judgment handed down yesterday, R (Akinsanya) v Secretary of State for the Home Department [2021] EWHC 1535 (Admin), Mr Justice Mostyn found in no uncertain terms that Zambrano carers do not lose their EU law right to reside just because ...

10th June 2021 By

Late applications to the EU Settlement Scheme

From 1 July 2021, EU, EEA and Swiss citizens living in the UK without having applied for pre-settled or settled status under the EU Settlement Scheme will be here unlawfully. The Home Secretary confirmed a few months ago that people can apply after th ...

12th April 2021 By

Social workers can get settled status for EU kids in care without parental consent

Here on Free Movement we have been repeating until we are blue in the face that the deadline for EU Settlement Scheme applications is 30 June 2021. Regular readers may by now feel rather bludgeoned over the head with this fact, but it remains a vitall ...

1st April 2021 By

EU residence documents are no longer valid after 30 June 2021

Although the UK left the European Union on 31 January 2020 and the post-Brexit transition period came to an end on 31 December 2020, certain aspects of EU free movement law continue to apply into 2021 — but not for much longer. Old EU residence ...

30th March 2021 By

The pathway to British citizenship for European nationals in the UK

Ever since the Brexit vote in June 2016, EU citizens in the United Kingdom have been turning their attention to applications for British citizenship. Foreign nationals who have been living in the UK for five years can apply to “naturalise” as Brit ...

18th February 2021 By

Six very frequently asked questions about the EU Settlement Scheme

As we approach 30 June 2021, the deadline to apply for the EU Settlement Scheme, people are increasingly and understandably worried about their applications. In this post, we* try to answer some of the most commonly asked questions about the scheme, f ...

4th February 2021 By

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

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
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