EU Settlement Scheme & Brexit

If you are an EU/EEA/Swiss citizen or a family member of an EU/EEA/Swiss citizen continuously resident in the UK before 11pm on 31 December 2020, i.e. in the UK for at least 6 months in any 12 month period, the deadline for you to apply for Settled or Pre-Settled Status through the EU Settlement Scheme, in order to retain your right to live and work in the UK, was 30 June 2021.

If you missed this deadline, you should make a late application as soon as possible if you:

• meet one of the criteria for a later deadline to apply; and
• have ‘reasonable grounds’ for not applying by 30 June 2021

The EUSS will remain open beyond 30 June 2021 to allow those granted pre-settled status to apply for Settled status, and close family members living overseas after the end of the EU Exit transition period (and children born after that date) to join a resident EEA national with EUSS status.

Settled status: If you have had 5 years’ continuous residence in the UK before 31 December 2020, i.e. in the UK for at least 6 months in any 12 month period, you will normally be granted Settled status. This can be any 5 year period of continuous residence providing you have not been absent from the UK for a period of more than 5 consecutive years since completing that 5 year period.

Pre-settled status: If you are living in the UK but did not acquire 5 years’ continuous residence by 31 December 2020 you will normally be granted Pre-settled status. You will then need to apply to switch from Pre-settled to Settled status when you acquire 5 years’ continuous residence.

You can view what Settled and Pre-settled status mean and the rights they give you on the GOV.UK website.   

If you are eligible (see Am I eligible to apply for Settled or Pre-settled status? FAQ) and wish to apply, you will need to apply online and provide:

• proof of your identity 
• proof of your continuous residence
• proof of your eligibility to apply after 30 June 2021
• declare any criminal convictions
• proof of your relationship to your EEA family member, if applying to join or remain with them in the UK

Full details about what you’ll need to apply are available on the GOV.UK website however please note the following:

1) If you choose to prove your identity using the Home Office EU Exit: ID Document Check app on an Android phone or iPhone 7 or above, you must complete this step before attempting to complete your online application.

Before you start you will need:

• Your biometric passport or national identity card (EU/EEA/Swiss citizens); or 
• your biometric passport or biometric residence card or permit (non-EEA citizens)
• *An Android phone or iPhone 7 or above 
• To download the Home Office EU Exit: ID Document Check app from the Google Play or Apple App Store. 
• Your own mobile phone (if using an Android phone or iPhone 7 or above that is not your own)

If you do not have an *Android phone or iPhone 7 or above: 

• You may wish to use a family member/friend’s device. There are no security risks in doing this and your data is not stored on the device.
• A number of Android devices are available at the ICT Service Desk which is located on the Ground Floor of the Central Library, South Kensington Campus, and is open 09.30 - 17.00 weekdays. You will need to book an in person appointment using the online booking form.
• You can also visit one of the organisations offering to scan your document for you. You’ll need to book an appointment and you may have to pay a fee.
• For further support please refer to the What support can I get from Imperial? FAQ. 

When proving your identity, please follow the using the Home Office EU Exit: ID Document Check app instructions however please note the following:

• After you scan the photo page of your biometric document you will be asked to enter your own mobile number (you will need to change from the default US option) and/or email then enter the PIN number you receive
• When checking your biometric document’s information, it can sometimes be tricky for your phone to read the biometric chip. We have found it usually works best to click the Check Now button first, then place the device on top of your biometric document and not move it until the check has been completed. The app will allow you a number of attempts before it locks you out. If this happens, stop and try again another day.
• Do not proceed with your application until you have completed the identity check otherwise you will be asked to send your passport to the Home Office.
• Members of staff who experience difficulties should contact the Staff Compliance team for assistance.
• You will be sent an email asking you to verify your email address and continue your application online.  
• You can complete the rest of the application either on that device or on any smartphone, laptop or computer. Please be aware that some individuals have experienced difficulties when using Internet Explorer and that it may be better to use an alternative browser such as Google Chrome, Safari, Firefox, etc.

2) Complete your online application 

Before you start you will need:

• To have completed Step 1 if you wish to Prove your identity using the Home Office EU Exit: ID Document Check app on an Android device or iPhone 7 or above.
• Your biometric passport or national identity card (EU/EEA/Swiss citizens) or your biometric passport or biometric residence card/permit (non-EEA citizens)
• Your own mobile phone
• Your Permanent Residence (PR) or Indefinite Leave to Remain (ILR) document, if you already hold this status
• If you are a family member of an EU/EEA/Swiss citizen, proof of your relationship
• If you are applying on behalf of your child, proof of your relationship
• Your National Insurance number – if you have one

You will then need to enter the following information (and upload any additional evidence if requested):

• ID type - passport number, DoB
• Enter your mobile number/email then enter the security code you receive
• Application type – dual nationality, Permanent Residence (PR), Indefinite Leave to Remain (ILR), non-EEA citizen family member
• Personal details - address, other name, National Insurance (NI) number
• Criminal convictions & extremist activity check - complete the Yes/No declaration
• Only serious or persistent criminality will affect your application. This should not affect the vast majority of EU/EEA/Swiss citizens and their family members.
• You may still get settled/pre-settled status even if you do have convictions. This will be judged on a case-by-case basis.
• Answer 3 security questions in case of difficulties accessing your application at a later date
• Submit your application
• The result of your continuous residence check will be displayed straightaway.
• The system uses your NI number to check your tax (HMRC) and benefits (DWP) data to work out how long you have been resident in the UK
• If you have provided proof that you have a valid PR or ILR document, you will be exempt from the continuous residence check.
• If you agree with the result of your continuous residence check, accept and submit to complete your application.
• If you disagree with the result of your continuous residence check, or where your residence cannot be proven automatically in this way, you will need to upload additional evidence of your residence.
• If the results detail the exact number of years and months that are missing then you will only need to upload additional evidence to cover the relevant dates. If not then you will need to provide evidence for the full 5 year period.
• If you do not have all the documentary evidence available we recommend that you save and close your application at this stage. Once you have all the documentary evidence you need you can return to your application, upload the evidence and submit to complete your application.
• You will not need to provide evidence of your entire residence in the UK, only for the period that proves you’re eligible for settled/pre-settled status.

3)    After you apply

• You will receive an email confirming receipt of your application, which will explain how long applications are taking to process.
• The Home Office will contact you directly if they have a query about your application or require more evidence.
• Once processed, you will receive an email confirming your status and how to access this digitally. You will not get a physical document unless you’re from outside the EU and do not already have a biometric residence card.
• You must keep your details up to date, for example, if you get a new passport. This is to ensure that you can evidence your status and rights to others, and to avoid any problems at the UK Border if you travel outside the UK.
• If you are granted pre-settled status you will be able to apply for settled status (free of charge) once you acquire 5 years’ continuous residence.
• The Home Office is looking to approve all applications however if your application is unsuccessful, you can apply for an administrative review.

Family members living in the UK before 31 December 2020, or who joined their EU/EEA/Swiss citizen family member in the UK before 1 April 2021, can apply as follows:

• Adult family members should make their own late application for Settled/Pre-Settled Status (see Am I eligible to apply for Settled or Pre-settled status? FAQ).
• Child family members can either make their own late application or have one of their parents make an application for them.
• Please note: if you have already applied for Settled or Pre-settled status then your family members will be able to link their applications to yours so that the applications can be considered together.

Close family members living overseas (e.g. a spouse, civil partner, unmarried partner, dependent child or grandchild, and dependent parent or grandparent) can apply to join their EU/EEA/Swiss citizen family member in the UK on or after 1 April 2021 if:

• Their EU/EEA/Swiss citizen family member was resident in the UK before 31 December 2020 and holds, has applied for, or is waiting for a decision on their Settled or Pre-settled status; and
• The relationship existed before 31 December 2020 (or where a child was born overseas after this date) and continues to exist when the family member applies to come to the UK. 
• Please note: where the relationship began after 31 December 2020, family members will be required to apply for and obtain a visa under the Points Based immigration System.

Please find below details of the support the College can provide to help you make an application for settled/pre-settled status under the EU Settlement Scheme.

ID document checks

If you do not have access to an Android phone or iPhone 7 or above:

• You may wish to use a family member/friend’s device. There are no security risks in doing this and your data is not stored on the device.
• A number of Android devices are available at the ICT Service Desk which is located on the Ground Floor of the Central Library, South Kensington Campus, and is open 09.30 - 17.00 weekdays. Please note that you will need to book an in person appointment using the online booking form.
• You can also visit one of the organisations offering to scan your document for you. You’ll need to book an appointment and you may have to pay a fee.

Advice and Support

• Members of staff who experience difficulties with making their application should contact the Staff Compliance team for assistance.
• Additionally, the Home Office EU Settlement Scheme Resolution Centre can provide help with your application,  telephone 0300 123 7379 or +44 (0)203 080 0010 or use the EU Settlement Scheme online form
• Assisted digital support is available for those who do not feel confident using a computer or mobile device or do not have internet access.

Financial support

• It is free to apply to the EU Settlement Scheme
• Assistance with payment of other immigration application fees for members of staff and/or their dependants is available, as outlined in the College’s expenses policy, which allows either for departments to reimburse UK immigration application fees at their discretion or for a salary advance to support payment of application fees and legal support costs where necessary.

If you have already obtained Settled status, you can leave the UK for up to 5 consecutive years without losing your right to return.  

If you have already obtained Pre-settled status, you can leave the UK for up to 2 consecutive years without losing your right to return.  You will need to maintain your continuous residence, i.e. be in the UK for at least 6 months in any 12 month period, for 5 years in a row in order to qualify for Settled status.

If you have not yet applied for Settled/Pre-Settled Status through the EU Settlement Scheme, you should make a late application as soon as possible in order to retain your right to live and work in the UK. You can apply from outside the UK as long as you have been continuously resident in the UK before 31 December 2020 for at least 6 months in any 12 month period or qualify for a coronavirus-related exemption.

Please note that:

• If you do not maintain your continuous residence in the UK then you may be required to apply for and obtain a visa under the Points Based immigration System in order to be able to continue living and working in the UK.
• If you started work overseas and had not moved to the UK before 11pm on 31 December 2020 you are unlikely to be eligible for the EU Settled/Pre-Settled Status through the EU Settlement Scheme, and will therefore need to apply for and obtain a visa under the Points Based immigration System before you travel to the UK to live and work. Please contact the Staff Compliance Team for advice and support with work-route applications, and to schedule a follow-up right to work check upon your arrival in the UK, before you undertake any work in the UK.

If you were continuously resident in the UK before 31 December 2020, i.e. in the UK for at least 6 months in any 12 month period, you may be eligible to make a late application for EU Settled/Pre-Settled Status through the EU Settlement Scheme (see Am I eligible to apply for Settled or Pre-settled status? FAQ)

If you live outside the UK but worked in the UK before 31 December 2020 you may be eligible to apply for a free of charge frontier worker permit which will allow you to continue frontier working.

To be eligible for a frontier worker permit you must have been primarily resident outside the UK i.e.

• spent less than 180 days in total in the UK over the course of any 12 month period; or
• returned to the country you live in at least once every 6 months or twice in that 12 month period; and
• started working in the UK while living elsewhere on or before 31 December 2020, either as an employed or self-employed person; and
• come to the UK to work at least once every 12 months since then

Please note: If you’ve not been able to come to the UK and work during a 12 month period for one of the specific reasons listed, you may still qualify as a retained worker or self-employed person status.

Your permit will last for 5 years, or 2 years if you hold retained status, and you can renew your permit, providing you continue to meet the eligibility requirements.

Although you will be able to continue to enter the UK to work using your passport (or national identity card until October 2021), you will need to ensure that you apply for either EU Settled/Pre-Settled Status  or a frontier worker permit (dependent on your eligibility) as you will need to provide evidence of your UK immigration status from 1 July 2021.

If you were resident in Europe before 31 December 2020 the deadline for youto apply for a residency permit (similar to the EU Settlement Scheme), in order to retain your right to live and work in your European country, was 30 June 2021.

If you missed the deadline, you should check if you are able to make a late application as soon as possible. You can check the requirements for your European country on the GOV.UK website.  

Following the end of the EU Exit transition period on 1 January 2021, freedom of movement ended. This means that British nationals no longer have an automatic RTW in Europe (except Ireland) and EEA nationals (except Irish nationals) no longer have an automatic RTW in the UK.

Although visa-free travel for visits between the UK and the EU will continue, restrictions apply to the type of business visitor and work activities that can be undertaken.

British nationals in Europe

You won’t normally require a visa if you will be undertaking permitted business visitor activities covered by the Schengen visa waiver for up to 90 days in any 180-day period within the group of Schengen area countries.

However you may need a visa or permit to stay for longer than 90 days in any 180-day period and/or to undertake work activities. Please note that any requests to undertake work activities overseas must be made in line with the College’s Overseas Working Guidance. Permission to work overseas must be requested in advance using the Overseas Working Request Form and will only be granted in exceptional circumstances.

You should check each country’s travel advice page before travelling to see if any restrictions apply. However, as rules for each country are different, you should always check with the country’s embassy or consulate  before you travel to ensure you meet their legal requirements.

You can get assistance with visas and passports for travel from the College’s preferred travel supplier, Egencia.

EEA nationals in Europe

As you will continue to benefit from freedom of movement and the automatic RTW within Europe, you will be able to undertake permitted business visitor activities.

However please note that any requests to undertake work activities overseas must be made in line with the College’s Overseas Working Guidance. Permission to work overseas must be requested in advance using the Overseas Working Request Form and will only be granted in exceptional circumstances.

Before you travel you should ensure that your UK immigration status will remain valid for re-entry to the UK. If you have any concerns about this, please contact the Staff Compliance Team.

You should also check each country’s travel advice page before travelling to see if any restrictions apply.

EEA nationals in the UK

You won’t normally require a visa if you will be undertaking permitted visitor activities as a Standard/Academic Visitor for up to 6 months or a Permitted Paid Engagements Visitor for up to 1 month. You can find further information about the different types of visitor engagements on the College’s Immigration webpages.

You may need a visa to stay for longer and/or to undertake work. You can check if you need a visa on the GOV.UK webpages. More information on the different types of work visas is available on the College’s Immigration webpages.