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"Even children born in the UK need to apply" - one week left to apply for the EU Settlement Scheme (EUSS)

77 replies

JuliaMumsnet · 21/06/2021 17:24

By Professor Catherine Barnard, Deputy Director, UK in a Changing Europe, and Fiona Costello, Research Associate at Cambridge University.

All EU nationals living in the UK (adults and children), need to make an application under the EU Settlement Scheme (EUSS) before 30 June 2021 – so in just over a week’s time - to secure their continued right to live and work in the UK.

As well as EU nationals, Norwegian, Icelandic, Liechtenstein, Swiss nationals and any non-EU national family members (NEFM) living in the UK also need to make an application before June 30th to secure their rights.

The EUSS is a ‘constitutive’ scheme, which means people have to apply and those applications have to be approved for status to be granted. Even people who have lived in the UK for very long periods or already hold permanent residency in the UK (an application called EEA PR) need to apply under the EUSS.

Applications must be done online and ID and documents verified via the EU Exit: ID document check app available on smart phones, or at document scanning centres at various locations throughout the UK, or by posting ID documents for verification. In some instances, you may also request a paper application. The application is free.

Applicants are asked to prove their identity and history of residency in the UK in order to access their status, and the Home Office also checks for any previous criminality.

Depending on length of residency in the UK, applicants will be granted either Settled Status (SS) (equivalent to indefinite leave to remain in the UK) for those who can show more than 5 years residency in the UK, or Pre Settled Status (PS) for those with less than 5 years residency in the UK and that they were resident in the UK before 31 December 2020. Those with PS must then re-apply in the future to receive SS.

With only just over a week left before the deadline it is urgent that all those who need to make applications do so. While there will be scope to accept late applications, the Government have stressed the importance of in-time applications. Those applying now will receive a ‘certificate of application’ which can be used to prove that an application is pending, even after the deadline has passed.

*

There is help available across the country and the EU Resolution Centre can provide advice over the phone to those submitting applications. For those more vulnerable who might be worried they do not have the paperwork they will need to apply to the scheme - contact your local Home Office funded agency who can provide support or call the resolution centre (0300 123 7379).

They will be able to help you gather the evidence you need to submit an application. More vulnerable groups could include those who are victims of domestic abuse, people who are currently homeless, victims of exploitation, those who cannot speak English, and those who cannot use/don’t have access to a computer or smartphone.

Applications from those aged under 18 and those aged over 65 have been low to the scheme. It is important to check that any younger or older members of your family have also made or been supported to make applications in their own right. This applies even to children who were born in the UK - it is important to check whether they need to apply to the scheme.

If you are not sure whether you need to apply to the EU Settlement Scheme - find out now here: www.gov.uk/settled-status-eu-citizens-families. For more EUSS updates - follow @eumigrantworker on Twitter.

For more information about EU Settled Status scheme read the report by academic initiative UK in a Changing Europe.

"Even children born in the UK need to apply" - one week left to apply for the EU Settlement Scheme (EUSS)
"Even children born in the UK need to apply" - one week left to apply for the EU Settlement Scheme (EUSS)
"Even children born in the UK need to apply" - one week left to apply for the EU Settlement Scheme (EUSS)
OP posts:
HelpLegalAdvicePlease · 24/06/2021 12:42

@BlackLambAndGreyFalcon I really hope this is the case for @Naliny. My own EU country does not allow dual nationality maybe that is the problem in my case.

ObviousNameChage · 24/06/2021 18:59

@pollypersephone

My child was born in 2012. My husband is British. If we had been unmarried my child would NOT have been British. People really need to look carefully at their individual circumstances and the laws that applied at the time of the birth.
We're unmarried and DD is British and has a British Passport. Born same year too.
StealthPolarBear · 25/06/2021 06:49

What a mess. What a shame it came to this.

Orf1abc · 25/06/2021 14:11

This has been advertised widely including national news and newspapers

No, it has not been advertised widely. Less than 1 in 20 regularly read newspapers in the UK, and I've not seen it on any national or regional news programmes. I have seen social media posts about it from my local Labour MPs, but none from the local Conservative MPs.

Almost like they want people to miss the deadline.

SchrodingersImmigrant · 25/06/2021 14:23

Almost like they want people to miss the deadline.

I disagree. It's all over SM, councils put reminders there, embassies put up reminders, i heard it on radio, it's all over x nationality groups, people are helping each other and spreading reminders, there were tv ads, heard of employers putting up reminders, and so on.

The only other way they could do it is to go person to person imho...

As shit as the situation is I cannot see how someone could just not know about it and we do at some point have to take responsibility for ourselves even though that pile of dunk was thrown at us.

It has been over 2 years. People who ignored it until today would igmore it even if they were given 20 years to sort it. We can be angry at the gov, bit we still have to keep an eye on our own legal responsibilities.

GCAcademic · 25/06/2021 18:49

As shit as the situation is I cannot see how someone could just not know about it and we do at some point have to take responsibility for ourselves even though that pile of dunk was thrown at us

Lots of elderly people who came here before 1973 think it does not apply to them because they have Indefinite Leave to Remain. While, in theory, they do have this, many of them do not have documentation which specifically says this, and therefore need to apply either to the Settlement Scheme or the Windrush Scheme.

sashagabadon · 25/06/2021 22:36

One of my colleagues at work has applied and got citizenship for herself but is not going to for her child as “ what are they going to do, deport my child without its mother”I tried to explain your child will become an adult and want to go to uni, get student funding, need hospital treatment etc it’s not just the threat of deportation so hopefully she will now apply. But I was quite surprised by her attitude. She can’t be the only one.

Bythemillpond · 26/06/2021 12:36

I am wondering how a child applies? Does a 2 year old need to fill out a form.

The wording is shocking or maybe I read and take things too literally.

Worldwide2 · 26/06/2021 16:02

Hello all
I'm looking for some advice as this is very confusing. I am british all my family are British, my partner is an eu national and I gave birth to my daughter in his eu country a couple a few years ago. We have been living in the UK for the past two years. Do I need to apply settlement for my daughter?

Gubanc · 26/06/2021 16:48

@pollypersephone

My child was born in 2012. My husband is British. If we had been unmarried my child would NOT have been British. People really need to look carefully at their individual circumstances and the laws that applied at the time of the birth.
That's not true. I was not married to my British husband at the time my children were born (around the same year as yours) and they're both British citizens.
ManicPixie · 26/06/2021 19:36

This is going to be a clusterf*uck, isn’t it? Never put faith in the Home Office.

JuliaMumsnet · 28/06/2021 09:53

Thanks everyone for your questions. Fiona Costello will be coming onto the thread this afternoon at 2pm to answer your questions - so please post before then if you'd like her to see them.

MNHQ

OP posts:
FlowerArranger · 28/06/2021 13:11

I'm looking for some advice as this is very confusing. I am british all my family are British, my partner is an eu national and I gave birth to my daughter in his eu country a couple a few years ago. We have been living in the UK for the past two years. Do I need to apply settlement for my daughter?

You are British and were born in the UK?

IF so, your daughter is British and doesn't need to apply for settlement status.

Do, however, get her a British passport to ensure she will be able to prove her status when needed.

I'd also ask your partner to get her a passport for his country, if she doesn't already have one.

You can never have enough passports these days Wink

FionaCostello · 28/06/2021 14:00

Hello everyone, thanks for engaging with the article and all the questions so far, I look forward to answering them. While I cannot give any individual immigration advice- I will answer general questions and signpost to specific advice where appropriate. Thanks, Fiona Costello.

FionaCostello · 28/06/2021 14:04

@Gooseysgirl

This does not apply to EU nationals who are Irish citizens.
Thanks @Gooseysgirl- this is true. While Irish citizens can apply- they do not have to make an application under the scheme.
FionaCostello · 28/06/2021 14:11

@Violetlavenders

How can one prove one's settled status? Is it just stored in a Government database?
@Violetlavenders, thanks for the question. The EUSS is a digital scheme- so applicants receive digital-only proof of their status, which can be accessed with their unique log-in details via the Gov.uk portal. If an applicant needs to provide proof of status, they can use this digital platform to generate a shareable digital code which third parties (such as employers or landlords) can then use to verify the individual’s immigration status.
FionaCostello · 28/06/2021 14:18

@Bythemillpond

I am wondering how a child applies? Does a 2 year old need to fill out a form.

The wording is shocking or maybe I read and take things too literally.

@Bythemillpond- The gov.uk guidance states that ''each child must have their own application. You can apply for your child or they can apply for themselves''. If a child is unable to apply in their own right then their parent must make an application on their behalf. In order to make an application on behalf of a child you need proof of:

-your relationship to your child when you make their application
-your child’s identity
-when your child started living in the UK, if they started living here by 31 December 2020
-as well as proof of your child’s continuous residence in the UK.

More information can be found here: www.gov.uk/settled-status-eu-citizens-families/apply-settled-status-for-child

FionaCostello · 28/06/2021 14:25

@troobleflooble

Just curious, I was born in a non EU country but have lived in the UK since the late 80s and my Dad is British. Would this apply to me? I never thought it would since I have a British passport and have been here virtually my whole life! Would this also apply to my Mom who is also from a non EU country and has lived here the same amount of time?
@troobleflooble if you already hold a British passport, you do not need to make an application under the EU Settlement Scheme. Those who need to apply under the scheme are EU nationals (together with those from Norway, Iceland, Liechtenstein and Switzerland) as well as any non-EU family members of EU nationals. To be eligible under the scheme applicants must have been resident in the UK before 31 December 2020.
FionaCostello · 28/06/2021 14:30

@ClaireFraser2018

Does anyone know if there are there different rules for EU citizens from Malta, because Malta is in the Commonwealth? Thanks!
Those from Malta living in the UK need to make an application under the EU Settlement Scheme. All EU nationals (together also with those from Norway, Iceland, Liechtenstein and Switzerland) and their non-EU family members need to make an application to the scheme.
FionaCostello · 28/06/2021 14:40

@Worldwide2

Hello all I'm looking for some advice as this is very confusing. I am british all my family are British, my partner is an eu national and I gave birth to my daughter in his eu country a couple a few years ago. We have been living in the UK for the past two years. Do I need to apply settlement for my daughter?
@Worldwide2 - rules around citizenship for children are complex, I would advise that you seek immigration advice from an accredited immigration adviser who can confirm whether or not your child needs to apply to EUSS. 'Settled' are a good place to start: settled.org.uk/en/about-us/ as they have access to accredited immigration advisers.
FionaCostello · 28/06/2021 14:51

@AppWorkInProgress

Would anyone be able to advise on the next steps please? Current situation: My husband and I both have settled statuses granted in 2019. We applied for our son to get the status at the beginning of May 2021. Today we received a text message stating more information required, details in the email. Problem: no email received (checked the spam), and phone line not is never available.
@AppWorkInProgress- you can sign into to view your application here: www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-status, beneath the ''apply now'' button there is a 'continue application' link. If you have any problems logging into your submitted application or need further advice call the EU Resolution Centre 0300 123 7379 and speak to their advisers.
FionaCostello · 28/06/2021 15:03

@Naliny

If a child was born in the UK (2016) to two EU citizens, one of whom had been in the UK for 10 years already (so technically had “permanent residency” at that point, but had never officially applied for it) - is that child British?
@Naliny - Children born in the UK to people who have settled status are automatically British at birth (previously this was the case if one parent had acquired permanent residence at the time of birth).
FionaCostello · 28/06/2021 15:06

Thank you everyone- I hope that has been helpful and thank you again for your questions in the post. If you need any more information on whether you need to apply for EUSS please go to gov.uk. If you would like to read more on our work on EUSS please find our full report here: ukandeu.ac.uk/research-papers/the-eu-settlement-scheme/
Thank you all! Fiona Costello

ThatScottishLass · 28/06/2021 22:48

Why are they only doing online? I don’t trust it. I’m on the other side of things and I have a physical document and will soon have a biometric card. Shocking the Uk isn’t offering similar, worried they will somehow “lose” the records a la windrush

SchrodingersImmigrant · 29/06/2021 01:06

We all are🤷🏻
They used to issue physical pr so why not ss🤷🏻

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