Applying for settled status

[IlonaM]

https://www.freemovement.org.uk/what-happens-to-eu-citizens-who-miss-the-settled-status-scheme-deadline/?utm_source=rss&utm_medium=rss&utm_campaign=what-happens-to-eu-citizens-who-miss-the-settled-status-scheme-deadline&mc_cid=ac01abae24&mc_eid=bcf851a85d

'...This briefing looks at what happens to people who are still awaiting a decision from the EU Settlement Scheme beyond 1 July, or who miss the deadline altogether. These are not hypothetical concerns. As of last week, the application backlog stood at around 400,000, and getting a decision can take months. ...'

[IlonaM]

Thousands of EU citizens set to have benefits cut off from next month

https://www.independent.co.uk/news/uk/politics/eu-citizens-uk-benefits-cut-b1898372.html

[IlonaM]

https://www.freemovement.org.uk/some-coronavirus-concessions-are-being-written-into-the-immigration-rules/?utm_source=rss&utm_medium=rss&utm_campaign=some-coronavirus-concessions-are-being-written-into-the-immigration-rules&mc_cid=2a580e711a&mc_eid=bcf851a85d

Some coronavirus concessions are being written into the Immigration Rules including EU SEttlement Scheme - scroll down Free Movement article for details. They apply particularly regarding longer absences than normally allowed.

[IlonaM]

https://www.theguardian.com/politics/2021/oct/05/eu-citizens-face-losing-benefits-fail-update-dwp-profile

'EU citizens on benefits could lose their universal credit in three weeks time unless they evidence their right to be in the UK, charity workers have warned.

The Work Rights Centre (WRC) says it has been told by staff at the Department for Work and Pensions (DWP) that EU and European Economic Area nationals must upload a special Home Office code to prove they have the right to reside in the UK before the end of the month.

If they do not update the online DWP profile with this ?share code? they could fall off the system, says WRC.'

[IlonaM]

High Court finds EU Settlement Scheme breaches the Withdrawal Agreement: Independent Monitoring Authority v Secretary of State for the Home Department [2022] EWHC 3274 (Admin)

- subject to an appeal by the Home Office

Read more here: https://freemovement.org.uk/high-court-finds-eu-settlement-scheme-breaches-the-withdrawal-agreement/?mc_cid=a8282a9023&mc_eid=bcf851a85d

[IlonaM]

From Free Movement blog: '141,000 EU citizens were marked with “refused” status last month

The Financial Times is reporting today that “around 141,000” EU citizens had their digital status updated to “refused” last month. Their applications were previously refused by the Home Office but for some reason their online status had not been updated. Online status is used by employers, landlords, banks, the NHS, local authorities and others to check someone is eligible to receive services. The article goes on to point out that those affected will now have their welfare benefits cut off and suggests there is a risk of their having to backpay benefit payments as well.

They have all just been pitched into the hostile environment, basically. Apparently the EU is not happy, unsurprisingly.'

Source: https://freemovement.org.uk/141000-eu-citizens-were-marked-with-refused-status-last-month/?mc_cid=c339fcf3fc&mc_eid=bcf851a85d

[Jules-and-Boo]

If they'd already been informed that their application was rejected, this is just a system error which has been corrected?

Surely letting employers and benefits believe that the applications had been accepted is fraud?

We applied and received a letter of the result of our application so knew at that time.

Maybe I'm not understanding.

[IlonaM]

Home Office accepts Brexit EU citizens registration scheme is unlawful

The High Court ruled against the ‘pre-settled status’ element in December

'The department said late on Wednesday that after “careful consideration” it would not be appealing a court ruling on so-called “pre-settled status”.

...

Dr Kathryn Chamberlain, chief executive of the IMA, said the body was “pleased that the Home Office has taken the decision not to proceed with the appeal” and said she hoped the department would provide clarity on how it would proceed.

...

"In the meantime, the IMA is encouraging citizens with pre-settled status to apply for settled status under the scheme as soon as they are eligible for it, until a new system is in place."'

Source: https://www.independent.co.uk/news/uk/politics/brexit-eu-citizens-settlement-scheme-pre-settled-unlawful-b2283597.html

[IlonaM]

New Nationality Bill introduced to protect British citizenship of children of EU citizens

'The government have introduced a new bill confirming people’s British citizenship rights to confirm how British nationality law is applied to people born in the UK to parents who are EU citizens between 1 January 1983 and 1 October 2000.

The British Nationality (Regularisation of Past Practice) Bill follows the change in Home Office position which was first announced during a hearing in the High Court in October 2022.'

Direct link to Free Movement article: https://freemovement.org.uk/new-nationality-bill-reflects-change-in-position-for-children-of-eu-citizens/?mc_cid=5945b23893&mc_eid=bcf851a85d

Direct link to Government factsheet: https://www.gov.uk/government/publications/british-nationality-regularisation-of-past-practice-bill-factsheet/british-nationality-regularisation-of-past-practice-bill-factsheet

[IlonaM]

Further to my last post:

'New law confirms British citizenship for children of EU citizens born in UK before 2 October 2000

The British Nationality (Regularisation of Past Practice) Act 2023 came into force on 29 June 2023. It inserts a new section 50B into the British Nationality Act 1981. Section 50B definitively and retrospectively confirms the British nationality status of all children born in the UK between 1 January 1983 and 1 October 2000 to an EU citizen parent who was exercising free movement in the UK at the time of their child’s birth.'

See full update via direct link to article:

https://freemovement.org.uk/new-law-confirms-british-citizenship-for-children-of-eu-citizens-born-in-uk-before-2-october-2000/?mc_cid=8f415921c4&mc_eid=bcf851a85d

 

 

[IlonaM]

New post from Free Movement: 'How does absence from the UK work under the EU settlement scheme?', 27/07/2023

Direct link: https://freemovement.org.uk/how-does-absence-from-the-uk-work-under-the-eu-settlement-scheme/?mc_cid=ed0fa94da7&mc_eid=bcf851a85d

'Absences from the United Kingdom — time spent outside the UK, basically — can have an impact on whether a person qualifies for full settled status under the EU settlement scheme. If you spend too long outside the country, you may lose your eligibility for settled status. This rule has particular importance given how many EU citizens spent time outside the UK during the pandemic, so it is worth making sure you understand the rules and how they work...'

[IlonaM]

New post from Freedom of Movement blog: 'Who qualifies as a “durable partner” under the EU Settlement Scheme?'

Durable partner = 'those couples who are not married or in a civil partnership, but who are nonetheless in a committed relationship'

Source: https://freemovement.org.uk/who-qualifies-as-a-durable-partner-under-the-eu-settlement-scheme/?mc_cid=7987b8fff1&mc_eid=bcf851a85d

'         '…some parts of the rules relating to the EU Settlement Scheme are so difficult to comprehend that it is at  

           least arguable that they lack the clarity of law.

An aspect of the definition of a ‘durable partner’ contained in Annex 1 of Appendix EU (definitions) is one such example.'

Upper Tribunal Judge Canavan

Those were the words of Upper Tribunal Judge Canavan, trying to decipher the definition of “durable partner” under the EU Settlement Scheme. This post is my best attempt at simplifying this incredibly convoluted definition...'

[IlonaM]

'Home Office U-turns on rights of EU citizens who were in UK pre-Brexit ‘Lack of awareness’ of EU settled status scheme restored as reasonable grounds for late applications by permanent residence card holders'

https://www.theguardian.com/world/2024/jan/19/home-office-to-allow-eu-citizens-who-missed-residency-deadline-to-stay-in-uk

Link to FreeMovement post about change of policy:

https://freemovement.org.uk/changes-to-treatment-of-some-late-applications-to-the-eu-settlement-scheme-in-new-guidance/?utm_source=rss&utm_medium=rss&utm_campaign=changes-to-treatment-of-some-late-applications-to-the-eu-settlement-scheme-in-new-guidance&mc_cid=8f304b7b0f&mc_eid=bcf851a85d

Edited January 27 by IlonaM
addition

[IlonaM]

See Guardian article re Certificate of Application issued under the EU settlement scheme and travel abroad & problems of re-entry:

https://www.theguardian.com/politics/2024/feb/08/italian-man-removed-from-uk-despite-post-brexit-home-office-certificate

In particular:

'Luke Piper, a lawyer with the Work Rights Centre and an EU settlement scheme specialist, said the rights of EU citizens were guaranteed under the withdrawal agreement, including during an application process.

“The Home Office appears to be overstepping its powers and allowing Border Force to pre-judge the case before the appeal has been concluded. These appeals should be reviewed, processed and concluded before there can be a decision on entry to the country by Border Force.

“What happens at the border appears to be down to the officer who sees you on the day. The whole point of the certificate of application is to demonstrate that you are in an application process that has not been concluded. Confusingly it tells recipients they can travel but also says they shouldn’t. It’s Kafkaesque.”

In response, the Home Office suggested it was key for all those travelling with a CoA to also carry proof of living in the country before Brexit.

A spokesperson said: “A Certificate of Application issued under the EU settlement scheme advises the holder that, if they travel overseas, they may be asked for evidence that they qualify under the scheme in order to re-enter the UK.

“Border Force officers may stop any arriving passenger for the purposes of further examination where they are not immediately satisfied that they qualify for entry.”'

Edited February 8 by IlonaM

[Sephiroth]

awful story - I get so angry

[IlonaM]

New post from Free Movement Blog: 'Lengthy absences from the UK can still put EU settled status at risk'

https://freemovement.org.uk/lengthy-absences-from-the-uk-can-put-eu-pre-settled-status-at-risk/?utm_source=rss&utm_medium=rss&utm_campaign=lengthy-absences-from-the-uk-can-put-eu-pre-settled-status-at-risk&mc_cid=05ae360cd4&mc_eid=bcf851a85d

[IlonaM]

Free Movement blog post: 'Home Office policy on delaying consideration of EUSS applications held to be unlawful'

'The “Pending Prosecutions” section of the EU Settlement Scheme: suitability requirements version 8.0 policy, which provided for applications to be paused where there was a pending prosecution, has been held to be unlawful by the Upper Tribunal. The case is R (Lukasz Krzysztofik) v Secretary of State for the Home Department, JR-2021-LON-001727, with the Independent Monitoring Authority for the Citizens’ Rights Agreements as intervenor.'

Full post here: https://freemovement.org.uk/home-office-policy-on-delaying-consideration-of-euss-applications-held-to-be-unlawful/?utm_source=rss&utm_medium=rss&utm_campaign=home-office-policy-on-delaying-consideration-of-euss-applications-held-to-be-unlawful&mc_cid=18d7e8c71c&mc_eid=bcf851a85d

 

[IlonaM]

Freedom of Movement blog post which may be of interest where an application for EUSS has been rejected by the Home Office on the basis that a particular passport stamp (described in blog post) did not amount to facilitation of residence for the purposes of the Withdrawal Agreement. If you or a family member have been affected, speak to an immigration solicitor for advice.

Court of Appeal finds breach of Withdrawal Agreement in “mystery” stamp case

'It’s the return of the “mystery” stamp! Although the Court of Appeal has come to a different conclusion than the Upper Tribunal did, holding that while a passport stamp did not amount to a relevant document for Appendix EU purposes, the protection of the Withdrawal Agreement was engaged because of the stamp and that it had been breached here. The case is Vasa v The Secretary of State for the Home Department [2024] EWCA Civ 777.

...

Conclusion

I still have many questions about the stamp. Mainly how many EUSS applications have been rejected because of the use of this stamp and is the Home Office now taking steps to remedy this? Are there people who have been rejected on this basis and since left the UK? It seems entirely possible.'

https://freemovement.org.uk/court-of-appeal-finds-breach-of-withdrawal-agreement-in-mystery-stamp-case/?utm_source=rss&utm_medium=rss&utm_campaign=court-of-appeal-finds-breach-of-withdrawal-agreement-in-mystery-stamp-case&mc_cid=993d12f7a0&mc_eid=bcf851a85d