If you are hoping to apply for the EU Settlement Scheme in the UK, it’s important to get advice on your options and your status from an immigration lawyer.
The transition period for the UK leaving the EU ended on 31 December 2020. From 1 January 2021, the UK’s immigration system treats EU and non-EU citizens equally.
EU / EEA / Swiss nationals have up to 30 June 2021 to apply to the EU Settlement Scheme for Settled Status or Pre-Settled Status to continue living and working in the UK after that date.
Until then they can continue working in the UK without having to apply for or provide proof of any other status. Their EU passport is sufficient proof until then of their right to live and work in the UK and is acceptable for a right to work check by an employer.
Pre-Settled Status
EU / EEA / Swiss nationals who have been resident in the UK for less than 5 years, can apply for Pre-Settled Status (Limited Leave to Remain). This gives the right to live and work in the UK for 5 years.
Family members can also apply as dependants. They can apply for Settled Status after 5 years’ continuous residence and before their Pre-Settled Status expires.
Settled Status
EU / EEA / Swiss nationals who have been resident in the UK for 5 years or more they can apply for Settled Status (Indefinite Leave to Remain).
This gives the right to live and work in the UK permanently. Family members can also apply as dependants. More information about the EU Settlement Scheme is available here: https://www.gov.uk/settled-status-eu-citizens-families
After 30 June 2021 EU nationals who do not have Settled or Pre-Settled Status will need to meet specific requirements in order to live and work in the UK.
To work in the UK longer term they will need to apply for a Skilled Worker visa which is the new points-based route for those who wish to come to the UK to work in a skilled job they have been offered.
For EU nationals wanting to come to the UK to work for short periods but not live here, there are additional options:
- Frontier worker – where EU nationals are working in the UK but living still in their home country, they can apply for a new Frontier worker permit from January 2021. However they must have been here already before 31 December 2020 and so this will only benefit those already here working and not new entrants from January 2021.
- Business Visitor – EU nationals can continue to visit the UK for up to 6 months without applying for a visa. As a visitor then can undertake certain limited business-related activities.
If you are an EU / EEA / Swiss national and have not yet sought advice about your options to remain living and working in the UK, you should now do so urgently – find out more on our visitor visa page.
Our personal immigration team also offer advice on matters including
• Citizenship and Naturalisation Applications
• Family Visa Applications
• Human Rights Applications
• Private life applications
• Immigration removal, deportation, detention and bail
• Student Visas
If you’d like some more advice about you or your family’s status please contact molly.beattie@davidgray.co.uk or call on 0191 232 9547.
Alternatively, you can book an appointment and visit us at one of our North East offices:
Newcastle:
56 Westgate Road, Newcastle Upon Tyne, NE1 5XU
South Shields:
142 Fowler Street, South Shields, Tyne & Wear, NE33 1PZ
Our Fees
In accordance with rules published by the SRA, as of December 2018 all firms offering this type of work must publish details of prices and personnel undertaking the work. Please see our dedicated fees page for more information.
