1. EU Settlement Status Scheme
Graeme Ross
Head of Immigration and Compliance

2. Purpose of today’s briefing
To explain your residence rights in the context of Brexit and ‘deal’, or ‘no-deal’
To advise about the requirements of making an application for settled or pre-settled status
To advise on the specific parameters of the EU Settlement Status pilot, and how to make an application under that pilot

3. Free Movement rights Directive 2004/38/EC – “Citizen’s Directive”
Immigration (European Economic Area) Regulations 2006/2016
EU (Withdrawal) Act 2018
“Retained EU
Law”
Free movement is expected to continue until at least 31 December 2020

4. EU Settlement Status Scheme - overview
In parallel, the Home Office will implement the EU Settlement Status scheme – documentation that evidences your rights in UK.
EU nationals and family members who, by 31 December 2020, have been continuously resident in the UK for at least five years will be eligible for settled status, enabling you to stay indefinitely.
EU nationals and family members, who had been continuously resident UK for at least five years, then went abroad (or any reason) for up to five years, who are then resident in the UK before 31 December 2020, will be able to apply for settled status.
EU nationals and family members who arrive by 31 December 2020, but will not have been continuously resident for five years by that date, will be eligible for pre-settled status, which enables you to stay until you become eligible for settled status (even if this would fall after 31 December 2020)

5. Eligibility Continuously residence in the above context means:
Residence alone – i.e. living in the UK
No more than six months absence from UK in any 12 month period of the five qualifying years, except for:
a single period of absence which did not exceed 12 months and was for an important reason (such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting);
Subject Access request: immigration.service.gov.uk/product/saru
No requirement for those who were students or ‘self-sufficient’ whilst in the UK to show that they held medical insurance during that time.

6. Eligibility cont. Irish nationals do not need to apply
EU/EEA/Swiss nationals who are also British, do not need to apply.
EU/EEA/Swiss nationals holding ‘historic’ Indefinite Leave to Remain (issued pre-April 2006) do not need to apply, but can if they wish
Permanent Residence Card holders must apply, but can access streamlined service
EEA and Swiss nationals cannot currently apply, but are expected to be able to do so on same basis
EU/EEA/Swiss family members of British Citizens must apply
No requirement to gain status before 29 March Deadline for all applications is currently 30 June 2021

7. Family members Family members (EEA and non-EEA): Spouse/civil partner
Unmarried partner in a ‘durable’ relationship
Children and grandchildren under 21
Children can apply for settled status even if not lived in UK 5 years and parent applies for/holds settled status
Dependent adult relatives (e.g. parent/grandparent)
Family members can still come to the UK after 31 December provided are in relationship with EU national which existed on or before this date.

8. Costs
Settled/Pre-Settled status: £65 for adults. £32.50 for children (under 21)
Free of charge for:
EU/EEA/Swiss nationals and their family members who hold Permanent Residence Cards;
EU/EEA/Swiss nationals and their family members who hold Indefinite Leave to Remain (pre-2006);
Those applying for settled status, having already made an application for pre-settled status
The University will reimburse EU/EEA and Swiss employees, and their dependants, the costs of applying for Settled/Pre-Settled status. Also, reimburse cost of PR Cards issued since June 2016.

9. Rights
Both settled and pre-settled status confers unlimited right to live, work, study etc.
Same access as now to education, healthcare, benefits etc.
Once gained, settled status can only be lost if absent from the UK for a continuous period of 5 years or more;
Any children born in the UK to an EU/EEA/Swiss national who holds settled status will be automatically British at birth;
An EU/EEA/Swiss national with settled status will be able to apply for Naturalisation as a British Citizen after holding settled status for at least one year (or immediately, if also married to a British Citizen);

10. How to apply No paper forms No posting of documents
Average end-to-end completion time: 20 minutes

11. How to apply cont.
This is the expected ‘mainstream’ application process – Pilot will be slightly different

12. 1. Identity check
If you use a phone/tablet to complete the process, it must be an Android device
Other methods of scanning documents (i.e. through the library) will be online in due course
Photo – ‘selfie’

13. 2. Proof of Residence PR Card/ILR holders – reference number
All others – range of documents you can scan/upload

14. Proof of Residence documents
P60s/P45s/payslip/employer letter/contract
Annual bank statement or account summary
Council tax bills/utility bills
Residential mortgage statements or rental agreements and evidence of payment
Letters or certificates from your school, college, university
Letter from GP/hospital
Letter from government department/tax returns
Not exhaustive….

15. Final checks Opportunity to influence status before final submission
EU/EEA/Swiss nationals will receive a ‘Digital Status’.
Non-EEA national family members will receive a Biometric Residence Permit

16. EU Settlement Scheme pilot
First phase
28 August 2018
Selected employers/Universities in Liverpool
Second phase
From 15 November to 21 December 2018
Employed by or work at a higher education institution or in
Health/social care sector
Third phase? / Public Rollout
“Fully open by March 2019”

17. Who can access this pilot
Entirely voluntary. Open between15 November - 21 December 2018
Criteria for Pilot
Employed or engaged by UK HEI
EU nationals (EEA and Swiss cannot use pilot)
Non-EU nationals holding an 5 year EEA Residence Card
Dependants of the above cannot apply
Must hold passport (not just ID Card)
Must have access to an Android device (phone, tablet)

18. Registration for Pilot
to register
Registration will be sent to you after 12th November
Apply between 15th November and 21st December
Only applies to pilot. Not the process once application goes public

19. Phase 1 of the Settled Status Scheme
Pilot Phase 1 outcomes
Phase 1 of the Settled Status Scheme
1053 applications processed.
No refusals. All statuses granted as expected.
66% applications processed in a week. All processed in 2 weeks.
Average time making application was 20 minutes.
15% of applications needed to provide additional evidence of UK residence – 85% traced through HMRC records.

20. How to get help
EU Settlement Scheme
Resolution Centre

21. Questions
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