EU Settlement Scheme – Who Can Come, and When?

European citizens have until 31st December 2020 to come to the UK if they want to register under the EU Settlement Scheme (EUSS).

After that date, European citizens will no longer be able to come independently to live and work in the UK under the EUSS rules. They will need to come under the new Points Based System Rules (Working Visa, Student Visa, etc) unless they come as Family Members (see below).

Non-European Family Members of Europeans who want to come after the 31st December 2020 will need to apply for Family Permits to join their European relatives in the UK. Family members included in this category are husbands/wives/civil partners/durable partners/descendants and ascendants in the direct line. The relationship must have existed before the 31st December 2020, apart from new-born or newly adopted children.

Other relatives of Europeans such as siblings, aunts, and uncles, etc will not be able to come to join their European relatives after 31st December 2020 using the EUSS.

Example Cases:

Ana is from Argentina and has been married since 2019 to an Italian man. He has been living in the UK since October 2020. Can she come to the UK after 31st December 2020 to join her husband and apply under the EUSS? Yes, provided she applies for a Family Permit.

Same scenario, but the couple plan to get married in February 2021. Can Ana come under EUSS Rules? No, because their relationship as husband and wife is beginning after the 31st December 2020. Instead, she can come as a durable partner (as long as their relationship meets certain requirements).

For personalised advice on your EU Settlement Scheme enquiry, please get in touch here.

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