Gaining EUSS Status for Professional Footballer’s Family
Discover how we expertly managed complex EU Settlement Scheme (EUSS) applications for the family of a Professional Footballer, ensuring their UK residency.
Since Brexit, the UK government has changed the rules for EU, EEA and Swiss nationals coming to live, study and work in the UK. If you were resident in the UK before 31 December 2020 (the Brexit ‘implementation date) you are required to apply for UK immigration status under the EU Settlement Scheme if you want to stay long-term or take up permanent residence.
Whilst the original deadline for applying was 30th June 2021, you can still apply if that deadline did not apply to you, or you have ‘reasonable grounds’ for not applying by the deadline.
Latitude Law can help you and your family apply for the correct status to enter or remain in the UK. If you are not eligible to apply under the EU Settlement Scheme, our solicitors can also advise on other potential visa categories and help you to make the relevant application.
The EU Settlement Scheme (EUSS) is the UK’s government replacement for free movement regulations that permitted EU, EEA and Swiss nationals and their families to relocate, work and study in the UK.
The EUSS is used to classify whether your immigration status is ‘settled’ or ‘pre-settled’. You will receive settled status if you have been living continuously in the UK for five years.
If you have lived in the UK for less than five years, you will be granted pre-settled status that will normally last for five years. Following this period, you will be able to apply for settled status.
Settled or pre-settled status under the EUSS will allow you and your family to live, work and study freely in the UK. After 12 months with settled status (a total of six years living continuously in the UK), you are then able to apply for naturalisation to become a British citizen. You may be eligible to apply earlier for naturalisation if you are married to a British national.
Whilst indefinite leave to remain (ILR) and settled status both offer permanent UK residence, they are not exactly the same thing.
Indefinite leave to remain is a term used for non-EU citizens, whilst settled status is granted under the EU settlement scheme.
You would generally lose your ILR status if you were to spend more than 2 years absent from the UK, whereas settled status allows for up to 5 years abroad.
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An EUSS application will be approved if you meet the eligibility requirements outlined below, and display good character:
‘Continuous qualifying residence’ is defined as spending six months in any 12-month period in the UK. Automated eligibility checks on your residence will be conducted via HMRC or Department for Work and Pensions (DWP) records.
Some exceptions to continuous residence requirements include:
You must apply for the EUSS using the online application form. You’ll also need to provide proof of identity and nationality, through the use of the identity verification app or through biometric enrolment (providing fingerprints and photographs) at a visa application centre if you are unable to use the app.
You can check your EU settlement status through a service called ‘view and prove your immigration status’. You’ll need to log into your UK visas and immigration account using your passport or ID card and date of birth in order to check your settlement status.
Your family is able to make an application for the EUSS at the same time as you. Under UK immigration rules, the following family members can be considered:
You can make a settlement application on behalf of your children, linking their application to their own.
The supporting documents that you or your family will need to provide for their application include a valid passport, evidence of the relationship with the person applying under the EUSS, and proof of dependency (where applicable).
‘Retained right of residence’ means you may be entitled to apply for an EU Settlement Scheme family permit if you previously had a right to reside in the UK, either as a family member of an EU, EEA, Swiss citizen, or from living in the EU, EEA or Switzerland with a British citizen.
You may be eligible if:
You can apply for pre-settled status under the EUSS if you have not completed five years of continuous residence as an EEA national or a family member of an EEA national.
Pre-settled status is granted for a period of five years, after which you can apply for settled status under the EUSS.
Family members can apply under the EUSS if a relevant EEA citizen has been resident in the UK from 31st December 2020 without breaking their continuous residence. Relevant EEA nationals are citizens of the EU countries Iceland, Liechtenstein, Norway, or Switzerland who were relevant in the UK by December 31 2020.
Relationships that grant eligibility to apply for pre-settled status under the EUSS include:
Irish citizens are entitled to right of residence in the UK, meaning they are not required to apply for pre-settled status under the EUSS.
However, family members who are not Irish or British citizens and do not have leave to enter or remain in the UK will need to make an application for pre-settled status under the EUSS.
After achieving settled status, you have the right to live, work and study in the UK. You may also access the NHS and public funds, and you have freedom to travel, as well as bringing eligible dependents to the country too.
Our team has extensive experience in assisting EU nationals and their families to relocate, work and study in the UK. We are able to ensure that your application is perfectly optimised, including the correct evidence and strong supporting arguments, to secure a successful application.
Thanks to our knowledge of immigration rules, we are able to provide pragmatic advice and meet our clients’ needs. We have connections with the Home Office and other immigration authorities, so we can advise you with confidence and ensure the entire immigration procedure runs smoothly and efficiently for you.
For a free consultation, get in touch today.
EUSS Application Support from Expert Immigration Lawyers
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A successful application under the EU Settlement Scheme will result either in a grant of Pre-Settled Status (valid for 5 years and increasing to a 5-year extension at the end of that time), or Settled Status which means there will be no limit on the time you can spend in the UK.
You can extend your leave under the EU settlement scheme. Pre-settled status is automatically extended by 5 years before expiry, and many may receive a second 5 year extension.
Yes, if you have been a resident in the UK for 5 years with leave as an EEA or Swiss national (or the family member of one), then you may be able to apply for settlement.
If your application is refused, you can either appeal the decision to an independent tribunal, request an administrative review, or submit an entirely new application.
You should also seek advice from an immigration specialist such as Latitude Law, which is your safest option to avoid refusal again.
Yes, you can switch to other visa routes from within the UK, such as skilled worker visas or family visas, assuming you meet all the criteria.
Yes, you may be able to apply to the EU Settlement Scheme on behalf of someone who lacks the physical or mental capacity to apply for themselves, provided that you have the appropriate legal authority to act on the applicant’s behalf.
Applications can be made by:
Reasonable grounds for a late EUSS application include:
In rare cases, late applications may be accepted from those who were not aware that they had to apply, or who were prevented by technical barriers. This is typically limited to elderly or isolated individuals with limited access to information, people with limited English or digital literacy and those living in remote or hard-to-reach communities.
As the requirements for applying for pre-settled status or settled status under the EU Settlement Scheme are complex, to ensure success, you should seek specialist advice from an immigration solicitor before you proceed with an application. Latitude Law’s specialist lawyers can advise you about your individual requirements and ensure that your supporting documentation is compliant with the very latest immigration rules.
Get in touch with our legal team today on 0300 131 6767 or fill out our enquiry form and we will get straight back to you. Face your future knowing you have the dedicated support of one of our expert lawyers.
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