With so much talk of Brexit
and the settlement scheme and settled status and pre-settled status, most EU citizens living in the UK are thoroughly confused. Some of that confusion stems from talk of permanent residence
• You have lived in the UK continuously for five years either with your EEA family
member or extended family member; and
• You have not left the UK for over 6 months in any 12 month period (although the rules allow an exception for one long absence if it is for an important reason such as a family bereavement or pregnancy ); and
• The EEA family
member or extended family member has been exercising treaty rights over the five-year period of your continuous residence in the UK. The EEA family
member or extended family member must be a permanent resident or qualified person.
You may also be able to secure a permanent residence
card if you have a retained right of residence or you make a ‘Surinder Singh ‘application.
The government has stated that it proposes that if you have a permanent residence
card you can transfer to the settled status under the settlement scheme.
How can OTS Solicitors help?
OTS Solicitors are specialist in Immigration
law matters. The Legal 500 recommend London based OTS Solicitors for Immigration
For advice on permanent residence
cards or to discuss how Brexit
and the settlement scheme may affect you, your family, and the option of applying for settled status or for information on any other aspect of Immigration
law please call us. To arrange an appointment call 0203 959 9123 to speak to one of our experienced London immigration solicitors
If you are not an EEA
citizen but you have a permanent residence
card, then you have the right to live in the UK.
You and your family can make an application under the settlement scheme. The pilot settlement scheme is in force. It is planned that the settlement scheme will become operational on the 30 March 2019.
Is my family member or extended family member a qualified person?
A qualified person under Immigration
rules is someone who is in the UK and they are:
• Working; or
• Self-employed; or
• Self-sufficient – not reliant on state benefits; or
• Studying; or
• If they meet criteria, looking for work.
Who is classed as the family member of an EEA national?
• Their husband or wife or civil partner; or
• Their child or grandchild who is under the age of 21 or a dependant; or
• Their spouses or civil partner’s child or grandchild who is under the age of 21 or a dependant; or
• Their dependant parent or grandparent; or
• Their spouses or civil partner’s dependant parent or grandparent.
Special rules if your EEA family member is a student
If you are applying for a permanent residence
card based on a family member who is a student you can only do so if you are:
• Their husband, wife, or civil partner; or
• Their dependent child; or
• Their spouses or civil partner’s dependent child.
Who is classed as the extended family member of an EEA citizen?
• The unmarried partner of the EEA
citizen. The relationship has to be a lasting one that is similar in strength to a marriage or civil partnership; or
• A relative of an EEA
citizen or a relative of their husband, wife, or civil partner who is not classed as a “family member”.
Who is classed as a relative of an EEA citizen?
“Relatives” cover a wide range of family members including brothers, sisters, nephews and nieces. However, it is not sufficient to be a relative of an EEA
citizen. You also have to show that:
• Prior to coming to the UK you were dependent on the EEA
citizen or you were a member of their family household and you are still dependant or a member of their household; or
• You need personal care from the EEA
citizen on serious health grounds. The care can also be required from the EEA
citizen’s spouse or civil partner.
How can OTS Solicitors help?
OTS Solicitors recommended for Immigration
law in the Legal 500. London based OTS Solicitors have Law Society accredited solicitors status as trusted specialists in Immigration