As of 8 October 2024, the UK government has introduced significant changes to the EU Settlement Scheme (EUSS), particularly impacting the application deadlines for joining family members. These changes stem from the Statement of Changes to Immigration Rules (HC 217) and alter the timeline and requirements for family members wishing to join EEA nationals who are settled in the UK.
A New Era for the EU Settlement Scheme
Since its inception, the EU Settlement Scheme has provided a pathway for European Economic Area (EEA) nationals and their family members to secure their residence in the UK post-Brexit. The changes announced on 8 October 2024 focus on clarifying and amending the application deadlines for joining family members—those family members who were not residing in the UK before the end of the Brexit transition period on 31 December 2020.
For many, the transition to post-Brexit immigration rules has been a complex and evolving process. The latest amendments represent a significant shift in the government’s approach to allowing family reunification, particularly as it pertains to the timing of applications.
Who Qualifies as a Joining Family Member?
Under the EU Settlement Scheme, a joining family member refers to someone applying as a family member of an EEA national who has secured settled or pre-settled status under the EUSS. Importantly, the EEA national must have had UK residence prior to 31 December 2020, and the relationship with the joining family member must have been established before this date.
For example, if a dependent parent of an EEA national, who was resident in the UK before 31 December 2020, now wishes to join their family member in the UK, they may be eligible to apply to the EUSS. However, the key issue for many is the precise timing and the specific requirements of the new application deadlines.
Key Changes to EUSS Application Deadlines
Previously, joining family members could apply to the EUSS within three months of their most recent arrival in the UK. The rules have now changed. As of 8 October 2024, joining family members are expected to apply to the EUSS within three months of their first arrival in the UK since 31 December 2020. This new rule means that those who visited the UK in the interim but did not apply at the time must now demonstrate “reasonable grounds” for their delay in making an application.
While the shift may seem minor, it introduces a layer of complexity for individuals who may have visited the UK post-Brexit transition but had not applied under the old rules. Such applicants will now need to justify why they did not apply sooner, particularly if they have been residing outside the UK since their initial entry.
Navigating Exceptions to the New EUSS Deadlines
Despite these changes, there are notable exceptions that may help mitigate the impact of the new deadline. One such exception concerns applicants who enter the UK on an EUSS Family Permit. These individuals can apply for pre-settled status before their Family Permit expires, effectively providing them with a “grace period” to submit their EUSS application.
The Home Office has clarified that if a joining family member arrives in the UK on an EUSS Family Permit that is still valid, the deadline to apply will be extended until the expiry of that permit. This means the deadline is not strictly tied to the applicant’s first arrival in the UK but rather to the Family Permit’s expiration, which can sometimes be up to six months.
Additionally, even for those who have not applied for an EUSS Family Permit, the Home Office guidance suggests a more lenient approach in cases where applicants visited the UK after 31 December 2020, left before overstaying, and are now applying to join their family in the UK. In these cases, there is a reasonable grounds provision that could apply, enabling applicants to apply within three months of their latest arrival, provided they can show their circumstances have changed—such as a desire to live and work in the UK.
Understanding “Reasonable Grounds” for Late Applications
The concept of “reasonable grounds” is key to understanding the application of the new deadlines. The Home Office has stated that applicants who arrived after 31 December 2020 may still be able to apply late if they can demonstrate reasonable grounds for their delay. These grounds are typically considered valid if the person visited the UK under the assumption that the old rules would apply and their intention to stay changed after their visit.
For instance, an individual may have initially entered the UK on a visitor visa, but circumstances later led them to seek a more permanent residence, such as the ability to work or be with family. This “change of intention” could be enough to establish reasonable grounds for applying later.
It should be noted, however, that this leniency does not apply to those who have already had a previous application to the EUSS rejected or refused. Applicants in this category may only be able to submit a new application if they are doing so with an EUSS Family Permit.
Automatic Conversion of Pre-Settled Status to Settled Status
In addition to the changes affecting joining family members, the Home Office has also made steps toward the automatic conversion of pre-settled status holders to settled status. While this process is still in development, the Home Office has indicated that eligible individuals will be transitioned from pre-settled status to settled status without needing to apply. This is particularly relevant for those who have maintained continuous residence in the UK.
As of 8 October 2024, changes to the immigration rules reflect this shift, with automatic conversions expected to happen once pre-settled status holders reach the requisite five years of continuous residence. This change eliminates the need for individuals to submit a separate application, streamlining the process and providing greater clarity.
Moving Forward: What Does This Mean for Applicants?
The changes to the EU Settlement Scheme bring both opportunities and challenges for joining family members. While there are still provisions for leniency and exceptions, applicants must navigate a more complicated landscape, particularly when it comes to establishing reasonable grounds for a late application.
Given the potential complexities, it is strongly advisable for individuals considering applying to the EUSS to seek legal advice. A solicitor can help clarify whether a person qualifies as a joining family member, ensure that all deadlines are met, and assist with making the case for reasonable grounds if an application is late.
In summary, while the updates to the EUSS reflect the government’s continued efforts to refine the system and accommodate individuals impacted by Brexit, it is clear that careful planning and expert advice are crucial for those seeking to reunite with family members in the UK.
Need Help with Your EUSS Application?
If you or a family member are considering applying to the EU Settlement Scheme or need advice on how the recent changes affect your situation, contact us at GigaLegal Solicitors. Our team of immigration specialists is here to provide expert guidance tailored to your individual circumstances.
Get in touch: For a comprehensive understanding of your options or queries on UK immigration matters, contact GigaLegal Solicitors at 02074067654 or click here to book a no-obligation consultation with an immigration expert.