I missed the deadline for the EU Settlement Scheme; what do I do next?

‍What is the EU Settlement Scheme?

If you are an EU, EEA or Swiss citizen, you are required by law to apply to the EU Settlement Scheme to continue living and working in the UK after 30 June 2021. Even those who were granted Permanent Residence under the old EEA Regulations will need to apply.

How do I know if this applies to me?‍

Except in a few cases, you need to apply if:

• You’re an EU, EEA or Swiss citizen
• You’re not an EU, EEA or Swiss citizen, but your family member is (or is an eligible person of Northern Ireland)

This means you need to apply even if you:

• Were born in the UK but are not a British citizen
• Have a UK permanent residence document.’
• Are a family member of an EU, EEA or Swiss citizen who does not need to apply - including if they’re from Ireland
• Are an EU, EEA or Swiss citizen with a British citizen family member

I missed the deadline, but I still want to work and live in the UK; what happens now?

Apply as soon as possible. The application itself is straightforward and is typically made in two stages:

Step 1:

Downloading the ‘EU Exit: ID Document Check app’ and complete the appropriate steps. If you do not have a passport with a biometric chip, you will need to send your passport to the Home Office for verification once you have completed Step 2.

Step 2:

Finalise your application by completing the form via the Home Office website. At this stage, you will need to upload any evidence and written representations explaining the delay in submitting the application.

What should I do whilst awaiting a decision on my status?

Unfortunately, for individuals who did not submit an application before 30 June 2021, there is no such legal protection, and anyone who has not yet applied or who applied after 30 June 2021 and is still awaiting a decision on their application is unlawfully present in the UK.

This has important implications in the following key areas:

• If you were employed on or before 30 June 2021 and your current employer carried out a compliant right to work check and satisfied themselves of the employee’s lawful immigration status at the time they joined, the employee is entitled to continue working, despite not having submitted an in-time application.

• If your employer discovers you have not yet submitted an application to the EU Settlement Scheme, you are required to do so within 28 days and provide your employer with the certification of an application for proof.

• Your employer will need to request a right to work check from the Home Office Employer Checking Service, upon which they will be given a Positive Verification Notice (‘PVN’). If the PVN shows the application is still pending, the employer must request a further PVN before it expires and after that every six months while your application remains pending.

• If the PVN confirms that your application has been refused, or if the employee does not make an application within 28 days, your employer must take steps to end your employment.

• If you were employed on or after 30 June 2021 and not yet applied to the Settlement Scheme or have submitted a late application and have not yet received a decision, it will not be possible to start a new job until your application is approved.

Can I drive whilst awaiting my status?

In the UK, an individual’s right to drive is linked to their immigration status, which means that anyone in the UK unlawfully is not legally permitted to drive. We would therefore advise that you avoid driving until a decision is made on your application.

Can I access NHS services?

Once you have submitted your application, you will remain entitled to free NHS care from the date of the late application until the date of the decision. Once your application is approved, you will continue to have free access to NHS healthcare.

Should you require any guidance around your application or status and how this affects your employment, do not hesitate to contact the team via info@brsjobs.co.uk