On 8 October 2024, critical amendments to the EU Settlement Scheme (EUSS) came into effect, prompted by the Home Office’s Statement of Changes (HC 217) released on 10 September. These updates mark a significant shift in application deadlines for joining family members, offering new flexibility but introducing complexities that may necessitate legal guidance. This article delves into the changes, focusing on the impact for joining family members and what they should consider when applying to the EU Settlement Scheme under the new framework.
1. Defining a Joining Family Member under the EU Settlement Scheme
The term “joining family member” under the EUSS broadly refers to individuals who apply as family members of an EEA national with settled or pre-settled status based on UK residence prior to 31 December 2020, the end of the Brexit transition period. This group includes family relationships established before the cut-off date and may extend to individuals like dependent parents of EEA nationals who were residing outside the UK as of December 2020.
For example, a dependent parent of an EEA national—if the EEA national was resident in the UK before 31 December 2020 and holds EUSS status—may be eligible to apply, provided the relationship existed before the transition period concluded. The rules are intricate, however, and those who resided in the UK before 31 December 2020 may also qualify as joining family members under certain conditions.
2. Key Deadline Changes: Application Requirements and Exceptions
Prior to the 8 October 2024 amendments, joining family members had three months from their most recent UK arrival to apply under the EUSS. Now, applicants must submit their EU Settlement Scheme applications within three months of their first arrival in the UK since 31 December 2020.
In practice, this means that joining family members who have visited the UK since the end of the transition period, and who now wish to settle, will likely need to show “reasonable grounds” for any delay in applying under the EUSS if they missed this initial window.
Two key exceptions, however, are noteworthy:
- EUSS Family Permit Holders: If an individual enters the UK on an EUSS Family Permit, they can apply for pre-settled status up to the expiry date of their permit. The Home Office deems entry with a Family Permit reasonable grounds for a late application under Appendix EU, as long as the permit remains valid.
- Special Circumstances for Late Applicants Without Family Permits: Home Office guidance suggests leniency in certain cases where joining family members arrived in the UK after 31 December 2020 and failed to apply to the EUSS due to the previous deadline interpretation. Specifically, the guidance allows that applicants with recent visits who now intend to remain in the UK, having met specified criteria, may demonstrate reasonable grounds for delay.
3. Reasonable Grounds for Late Applications: A Nuanced Approach
The Home Office has offered some clarity on what may constitute “reasonable grounds” for delay under the amended rules. Late applicants will typically need to meet several conditions, including demonstrating a recent change in circumstances or intentions that now prompt them to stay in the UK.
The guidance states that applicants might have reasonable grounds if:
- Their latest UK visit was post-December 2020 and within their permitted visitor leave.
- They did not overstay their visit and are now applying to the EUSS to remain with a family member in the UK.
- They can apply within three months of their latest arrival and as soon as reasonably possible after deciding to stay.
However, the guidelines are less clear on the precise nature of “change in circumstances.” For instance, deciding to work or remain in the UK permanently might be considered valid grounds for an application delay. Those applying after the rule change on 8 October may not benefit from previous guidelines, creating ambiguity on how their “reasonable grounds” will be evaluated.
4. Automatic Conversion of Pre-Settled to Settled Status: A Step Towards Streamlining
In an important development, the Home Office aims to automate the conversion of pre-settled status holders to settled status as they become eligible. Announced in 2023, this automation will rely on continuous residence checks without requiring further applications from eligible individuals. The Home Office has indicated that automated checks will begin in 2024, with safeguards in place to avoid erroneous settled status grants.
As of 8 October 2024, the updated Appendix EU includes language specifying that the Secretary of State may grant settled status automatically to those with pre-settled status if eligibility requirements are met without the need for a fresh application. This change, while yet to be fully implemented, reflects the Home Office’s commitment to reducing administrative burdens for individuals who have met residence requirements.
5. Explanatory Memorandum: Further Clarifications on EU Settlement Scheme Procedures
The Explanatory Memorandum accompanying HC 217 highlights several procedural adjustments intended to address specific scenarios under the EU Settlement Scheme, including:
- Procedural considerations for assessing whether pre-settled status holders still meet eligibility criteria.
- Adjustments for children who aged out of dependent status post-transition period, allowing them to rely on their age as of the transition end date.
- Simplified eligibility for EEA or Swiss nationals who have retained their right of residence after the death or divorce of a relevant sponsor.
- New powers to curtail pre-settled status in cases involving attempted fraudulent applications for EUSS status or Family Permits.
6. A Complex but Manageable Landscape for Joining Family Members
While the 8 October updates introduce added layers of complexity, joining family members can still pursue EUSS status, albeit with potential hurdles. Those who qualify for Family Permits, for instance, enjoy some flexibility in terms of deadline extensions. Likewise, applicants who can show reasonable grounds for delay—based on recent UK visits or changing intentions—retain avenues for application, even under stricter deadlines.
Yet, these changes also underscore the need for careful compliance and potentially, legal support. With an evolving set of eligibility criteria and timelines, the role of professional advice becomes vital to navigating the EUSS landscape.
Final Thoughts
As the EUSS adapts to changing realities post-Brexit, joining family members must remain vigilant of deadlines, eligibility adjustments, and procedural requirements. For many, recent changes represent both challenges and opportunities. Those considering applications under the EUSS should consult experienced immigration practitioners who can interpret these rules in light of individual circumstances, helping them make the most of the pathways available.
Ultimately, the 8 October changes are part of a broader Home Office effort to clarify and enforce immigration controls while recognizing the unique needs of EEA nationals and their family members navigating the post-Brexit immigration landscape in the UK.
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.