Are you an EU citizen living in Scotland? Scotland is your home and support is available to help you access your digital profile. Visit mygov.scot/help-eu-citizens for support.
Wednesday, 30 June 2021, was the deadline for applications to the EU Settlement Scheme (EUSS) for EU, EEA and Swiss citizens and their family members, who were resident in the UK by 31 December 2020.
From Thursday 1 July 2021, EU, EEA and Swiss citizens and their family members are now required to obtain a valid UK immigration status to be in the UK, either through the EUSS, if they were resident in the UK by 31 December 2020 or are a joining family member, or through a valid visa.
EU, EEA and Swiss citizens may be asked to show their digital status to prove their right to work. Other departments, such as HMRC, DWP and the NHS, will have automatic access to their status to check a person’s eligibility for free healthcare, benefits and access to public funds.
Pending applications
Anyone who made an application by the 30 June 2021 deadline will have their existing rights protected, pending the outcome of their application. Applicants are issued with a Certificate of Application, which can be relied on to evidence their rights.
Applying for children
EU, EEA or Swiss citizens who were resident in the UK by 31 December 2020 must apply to the EUSS for their children who are not British citizens.
If they are expecting to have a child (or have given birth since 1 April 2021), then the child will also need to have an application made on their behalf to the EUSS within three months of their date of birth. However, if either of the child’s parents had settled status under the EUSS (or another form of indefinite leave to enter or remain) before the child was born, then they don’t need to make an application on their behalf, as the child will be a British citizen.
Applications made after 30 June 2021 deadline
In line with the Citizens’ Rights Agreements, the UK Government has said there remains scope for a person eligible for status under the EUSS to make a late application to the scheme where there are reasonable grounds for their having missed the deadline.
It has published non-exhaustive guidance on reasonable grounds for missing the deadline on GOV.UK. Where a person did not apply before the deadline, they must make a valid application online or on the relevant paper application form – and provide information with the application setting out their grounds for applying late.
The Home Office will continue to look to grant status, rather than for reasons to refuse. It has said that a flexible and pragmatic approach will be taken in considering whether there are reasonable grounds for the person’s failure to apply by the deadline.
If someone without status is encountered who may be eligible for it, they will be provided with a written notice giving them an opportunity to apply to the scheme, setting out their reasonable grounds for missing the deadline, normally within 28 days, and signposted to the support available.
Help is still available
The Home Office will continue to ensure that the EUSS is accessible and supports vulnerable applicants with flexibility and sensitivity. Protecting the rights of vulnerable citizens is a fundamental principle of the EUSS.
For those who have not applied to the EU Settlement Scheme already, support will remain in place until 30 September to help with late applications. Further information is available from the MyGov.Scot website or an applicant can seek help via the EU Citizens' Support Service run by Citizens Advice Scotland on 0800 916 9847.
In Dundee, help is also available via Council Advice Services on 01382 431188 (option 2) or by emailing welfare.rights@dundeecity.gov.uk.
Brooksbank Money Advice Team also provide support for late applications. They can be contacted on 01382 432450.
We would encourage anybody who has not already applied but who wishes to do so to make an application as soon as possible.
Planning to travel
EU, EEA and Swiss citizens with an EUSS status should register documents you plan to travel on via the View and Prove service. This will make re-entering the United Kingdom quicker. Find out more.
Help from the Citizens Rights Project
If you now have settled or pre-settled status, the Citizens Rights Project has produced some useful resources explaining the process of proving your status and updating a new ID document on the digital profile. Posters, leaflets, and video presentations are available in multiple European languages. You can download them for free in this link.
If you are eligible to apply to the EU Settlement Scheme but still haven’t applied for settled or pre-settled status you can still do so, even after the deadline of 30th June 2021. However, late applications are discretionary, so applicants must explain and prove why they were unable to apply before the deadline. Free support with late applications is still available from the Citizens Rights Project. Residents in Scotland who need help with their late EUSS application can contact us.
The Home Office has produced the following 'At a Glance' leaflets: