Do you have EEA/Swiss employees, contractors or clients who need to come to the UK on an ad hoc basis after the end of this year, but do not currently live in the UK? If so, you should consider whether they are (or could become) eligible to apply under the EU Settlement Scheme.

Pre-settled status

EEA/swiss nationals can apply for pre-settled status under the EU Settlement Scheme (EUSS) if they enter the UK by 31 December 2020. Doing this could be useful for some EEA/Swiss nationals who anticipate needing to travel to the UK for non-visitor purposes over the five years from the date the status is granted.

The only residence documentation required to apply for pre-settled status should be evidence of travel to the UK within the month before the EUSS application is made.

Non-EEA/Swiss family members of pre-settled status holders may also be able to apply, but should be assessed on a case-by-case basis.

Two things to bear in mind are that pre-settled status will lapse after a continuous absence of two years from the UK, and pre-settled status holders will normally only be able to qualify for settled status after the five years if they spend at least six months a year in the UK. However, as a medium-term option, pre-settled status is far less expensive, bureaucratic and restrictive in terms of immigration conditions than it will be to apply under the immigration system from 1 January 2021.

Settled status

You should be alive to the fact that, as a general rule, an EEA/Swiss national or family member will be eligible to apply for settled status under EUSS if they can demonstrate they previously lived in the UK, Guernsey, Jersey and/or the Isle of Man (the Islands) for a continuous period of five years (or otherwise acquired a right of permanent residence after a shorter period of time), and have not been absent from the UK and Islands for a continuous period of five years since that time.

It is possible for an application for settled status to be made even if the person is currently living outside the UK and Islands, however this must be done before the deadline of 30 June 2021.

Once granted, settled status only lapses after a continuous absence from the UK and Islands of four years for Swiss nationals and their family members, or after five years for all other settled status holders.

If you would like further information on applying under the EU Settlement Scheme, please contact a member of the immigration team.

We also will be covering the EU Settlement Scheme, the new immigration system, right to work compliance and sponsoring skilled workers in detail at our next half-day Immigration Law Academy on 24 March 2020.

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