Out-Law News 2 min. read

Extended UK settlement pilot scheme begins on Monday


Individuals from Iceland, Liechtenstein, Norway and Switzerland wishing to remain in the UK after Brexit will not be permitted to apply for settled status until the scheme is fully operational in March, the government has confirmed.

The government announced in December that it had concluded agreements with the EFTA states and with Switzerland, guaranteeing the rights of their citizens living in the UK once EU freedom of movement rules no longer apply. However, these individuals will not be entitled to apply as part of the public test phase, which begins on Monday.

"EU nationals in the UK will welcome the confirmation of the start of the public test phase of the settled status scheme from Monday," said corporate immigration law expert Euan Smith of Pinsent Masons, the law firm behind Out-Law.com.

"Given that the UK confirmed in December that nationals from the EFTA countries and Switzerland would participate in the settled status scheme it is a pity that they are excluded at this time and will have to wait until the scheme is open to all by the end of March 2019," he said.

More than 15,000 applications for settled status had been made by 13 December 2018 under two private pilots previously available to certain health, social care and higher education workers, according to the government. From Monday, all UK resident EU citizens with a valid EU passport will be able to apply, provided that they have access to an Android device on which they can install a Home Office app through which they can confirm their identity. Non-EU citizen family members of EU citizens who hold a biometric residence card will also be able to apply.

The UK's settlement scheme is available to qualifying EU citizens who have been living legally and continuously in the UK for five years. Those who have not yet met the five-year requirement are entitled to apply for 'pre-settled' status, which they will be able to convert to settled status once they have been in the UK for five years.

The scheme will be open to individuals who arrive in the UK before 31 December 2020 should the UK leave the EU with a formal withdrawal agreement in place, or before 29 March 2019 in the event of a 'no deal' Brexit. Individuals will be able to apply until 30 June 2021 under the withdrawal agreement, or until 31 December 2020 if there is no deal.

Individuals applying for settled status will be asked to prove their identity and that they have been living in the UK for the past five years, and to declare that they have no serious criminal convictions. Applicants will also have to pay a fee, unless they have already obtained permanent residence status or indefinite leave to remain in the UK in which case they will be able to exchange this for settled status free of charge.

Those granted settled status will be entitled to remain in the UK, with the same access to work, education, benefits and public services that they have now. They will also be entitled to bring "close family members", defined as spouses, civil partners and durable partners, dependent children and grandchildren and dependent parents and grandparents, to the UK in future, provided that the relationship existed on 31 December 2020 under the withdrawal agreement, or 29 March 2019 if there is no deal.

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