From uncertainty to settled status: Our client’s EU settlement scheme journey

At Seraphus, we undertake a lot of work on EU citizens’ rights in the UK post-Brexit. This includes both policy work and representing individuals who are applying for immigration status under the EU Settlement Scheme. 

The EU Settlement Scheme (EUSS) was meant to provide a straightforward route for EU citizens and their family members to secure their residence rights in the UK after Brexit. In practice, however, the rules can be complicated and leave individuals unsure of their status or future in the UK, if they have complex circumstances.

One of our recent cases illustrates these challenges. Our client Judith (not their real name) was advised by  her embassy overseas to seek legal representation from us regarding making an application under the EU Settlement Scheme after having left the UK.

Judith had previously lived in the UK for almost five years. During the course of her residence in the UK, she had been granted pre-settled status under the EU Settlement Scheme on the basis of being resident in the UK by 31 December 2020. 

When the COVID-19 pandemic began, Judith left the UK to be with her family but had not intended to leave the UK permanently. 

Judith was unsure of what to do in order to return to the UK. She worried that her long absence from the UK, meant that she would no longer be eligible for settled status under the EU Settlement Scheme and might instead need to apply for a different visa to re-enter and live in the UK. Judith first approached her embassy to get clarity on her options.  They recommended that she seek legal representation from us regarding her situation.

We examined Judith residency history in the UK to assess her options. Although she had been absent from the UK for more than six months, we recognised that her five year qualifying period of residence was complete while she was absent from the UK due to the COVID-19 pandemic. From this, we identified that Judith could still apply for settled status from overseas based on her previous residence in the UK. 

Having assessed that Judith had completed her continuous qualifying period of five years, we made representations to the Home Office based on this and having an important reason for her absence of over six months. 

In preparing her application, we made detailed representations to the Home Office. We explained that her long absence was for an important reason, namely the COVID-19 pandemic. As a result this should not break her continuous residence. We also highlighted that Judith had not been outside the UK for a period of five consecutive years since leaving due to the COVID-19 pandemic, meaning she continued to meet the requirements for settled status. 

With this argument, we submitted Judith’s application for settled status from overseas.

Judith’s application was successful. She was granted settled status and was able to return to the UK safe in the knowledge that she did not need to seek an alternative route to live in the UK.

When Judith first came to us for advice, she thought she had no hope of getting settled status because of her absence. However because she sought expert legal advice regarding her rights as a pre-settled status holder, she was able to apply for settled status and avoided making a costly application for another form of leave. 

Judith gained the security of permanent residence in the UK, giving her peace of mind and stability for her future in the UK. As a result, she has been able to focus on continuing to build her life in the UK through her employment, family and friends without worrying about future immigration applications. 

With our extensive experience and knowledge of the EU Settlement Scheme, we provided careful and thorough advice and representation, ensuring Judith’s application was successful. As a result, Judith is able to reside on a permanent basis in the UK. 

If you are facing complications with your immigration status or just starting your immigration journey, we recommend seeking regulated immigration legal advice to ensure you receive the best possible outcome.