Important: This note is provided for information only and should not be taken as legal advice or relied upon as such. The information and commentary does not, and is not intended to, amount to legal advice to any person on a specific case or matter. You should seek specific legal advice on your personal circumstances if required and please note that the University is unable to provide personal immigration advice.
The EU Settlement Status Scheme
Under the terms of the withdrawal agreement, there is no change in current rights under the EU law until 31 December 2020 and the deadline for the scheme is 30 June 2021. The scheme allows EU citizens and their family members living in the UK to continue to live here as before, with the same entitlement to work, study and access public services and benefits.
Settled status is the new scheme for EU nationals or EU family members to obtain indefinite leave to remain in the UK post Brexit until 30 June 2021. If no deal is reached by March 2019 then settled status will remain but the dates for implementation will change. Please read the government policy paper on Citizens’ Rights - EU citizens in the UK and UK nationals in the EU for more details.
You do not need to apply if you have British Citizenship already.
You will need to apply for settled status before June 2021 (or 31 December 2020 if there is no deal) even if you already have permanent residency.
If you have five years or more continuous residency in the UK you will be eligible for settled status. If you have under five years continuous residency in the UK you are eligible to pre-settled status and are able to stay in the UK until you reach five years.
The following information is specific information about the pilot. There are links for further information from the Home Office website.
In line with the withdrawal agreement, the EU settlement scheme has set out in the statement of intent that EU citizens and their family members (please note that family members who do not work at the University cannot apply for the pilot) who by the 31 December 2020 have been continuously resident (see glossary for the UK government definition of continuous resident) in the UK for five years will be eligible for settled status, enabling them to stay indefinitely. If you do not have five years continuous residency then you can apply for pre-settled status. However, the process is the same.
There will be three core criteria to applying for settled status
- Suitability (criminality)
In line with the withdrawal agreement, the EU settlement scheme has set out in the statement of intent that EU citizens and their family members (please note that family members who do not work at the University cannot apply during the pilot) who arrive by 31 December 2020, but will not yet have been continuously resident here for five years, will be eligible for pre-settled status, enabling them to stay until they have reached the five-year threshold. They can then also apply for settled status, where they have remained continuously resident here. They only need to pay for one application, so if you have paid for pre-settled status you will not be charged when you apply for settled status.
There will be three core criteria to applying for pre-settled status
- Suitability (criminality)
On 21 January the Prime Minister announced that there will be no fee when the scheme opens fully on 30 March 2019.
If you choose to take part in the pilot which opened on 21 January 2019, it will be necessary to pay the £65 fee and the Government will refund this to you at a later date.
Anyone who applied in the earlier pilot and paid the £65 fee will have their fee refunded at a later date.
The Government has not yet announced details of the refund process.
The University welcomes the Government’s decision to waive the fee for settled status. In view of this, the University is reviewing the reimbursement scheme we announced to staff in December 2017 and further information will be shared with EU colleagues shortly.
A new public pilot will be open from 21 January for
- EU nationals with a chipped passport or
- Family member of EU nationals with a Biometric Residence Card (BRC).
If you do not have chipped passport or BRC you will not be able to apply during the pilot and you will have to wait until the scheme opens in March 2019 and apply on paper.
Please note that making an application in this pilot is entirely voluntary. Under the terms of the withdrawal agreement, there is no change in your current rights under EU law until the end of the planned implementation period on 31 December 2020.
You do not need to register for this pilot. You can apply here once the pilot goes live on 21 January 2019.
Please ensure you have read all the relevant information for your situation.
For more information please read the information on the government web pages, links are available from this page.
If you wish to be part of the pilot but do not know how to apply please see the tab above.
Before you apply you will need your chipped passport or biometric residence card, your national insurance number (this can be found on your payslip, if you don’t have a printed one, please check Trent self-service) and an android device.
- Verify your identity - You will need to have a valid biometric passport or biometric residence card (issued by the Home Office) to apply in this pilot. All applications must use the EU Exit: ID Document Check app to verify identity. This is currently only available to download on Android devices - an easy way to check if your device can use this app, is if your device has the technology to make contactless payments. If you do not have an android device you will be able to use a family member or friends app to verify your identity and then complete the application on any device you choose. There are no security risks in doing this and your data is not stored on this device. People Services are hoping to set up some dates and times when you will be able to use a University android device to begin the application. More information will follow about this. A number of local authorities are offering an identity verification service to ensure those who do not have access to a suitable device are able to do so. Details of the locations where this service is being provided and will be available on GOV.UK once the pilot launches. If you cannot get access to this app during the pilot there will be alternative ways for you to verify your identity once the scheme fully opens.
- Criminality check - You will need to complete the criminality check by declaring any criminal convictions. Only serious or persistent criminality will affect your application. This should not affect the vast majority of EU citizens and their family members.
- Verify your residence in the UK - You will need to provide evidence of your residence in the UK. There are number of ways you can do this, for example providing your National Insurance number (if you have one). There may be cases where residence cannot be proven automatically in this way, and you will be asked to provide further evidence on your application. Information on the other types of evidence you can use can be found on GOV.UK. Alternatively, if you have a valid permanent residence document or valid indefinite leave to remain, you will just need to provide proof of that status.
For more information please read the information on the government web pages. We have provided links on the right hand side.
Please note that following the government's announcement of 21 January, the government will be refunding the settled status fee, not the University.
If you apply after 30 March 2019 you will not pay a fee.
You must bring
- your passport or biometric residence card,
- your mobile phone.
During this appointment you will complete the first part of the application in the EU: ID Document Check using the University device and then you can complete your application on your work computer, home computer or your mobile phone/tablet. You will be provided a link to do this.
Please note that legally we cannot provide immigration advice. If you have questions regarding your application or status please contact the Home Office EU Settlement Scheme Resoultion centre on 0300 123 7379.
This appointment time is to use the android device only.
Please see the dates and times below. Please book an appointment time. This is an appointment time to use the University android device only.
You must be eligible for the pilot. See details on eligibility on https://www.gov.uk/government/collections/eu-settlement-scheme-pilot-applicant-information.
You must be an employee of the University of Exeter.
You must have read and understood what you are applying for on the Home Office web pages.
Please read the leaflet for information on the process before attending.
Thursday 14 February 2019 1-2pm, Room 350, Northcote House. Please book an appointment to attend to use the android device.
Thursday 28 February 2019 11-12pm, Room 350, Northcote House. Please book an appointment to attend to use the android device.
Tuesday 5 March 2019 11-12pm, Room 350, Northcote House. Please book an appointment to attend to use the android device.
Thursday 14 March 2019 10-11am, Room 350, Northcote House. Please book an appointment to attend to use the android device.
Tuesday 19 March 2019 2-3pm, Room 350, Northcote House. Please book an appointment to attend to use the android device.
Thursday 28 March 2019 10-12pm, Room 350, Northcote House. Please book an appointment to attend to use the android device.
St Luke's Campus
Thursday 7th February 2019, Room 126 Baring Court. Please book an appointment to attend to use the android device.
Further dates will be added shortly. Please return to this page to find dates of the next appointments.
Colleagues in Penryn and Truro who do not have access to an Android device should contact Sandra Johnson (S.A.C.Johnson@exeter.ac.uk) if you wish to take part in the new pilot.
What does ‘continuously resident’ mean? If the person has been continuously resident in the UK for less than five years, it generally means that they have not been absent from the UK for more than six months in total in any 12-month period. There is no restriction on the number of absences permitted, provided that the total period of absence does not exceed six months in any 12-month period.
There are some exceptions:
- A single period of absence of more than six months but which does not exceed 12 months is permitted, where this is for an important reason, such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting.
- Any period of absence on compulsory military service is permitted.
Continuity of residence is broken (and restarts from scratch on release, where this is before the end of the implementation period on 31 December 2020) where the person served or is serving a sentence of imprisonment of any 13 length in the UK, unless:
- The person has resided in the UK continuously for at least 10 years (and has the right of permanent residence in the UK under the EEA Regulations – The Immigration (European Economic Area) Regulations 2016) and the Home Office considers that they had forged integrating links with the UK which were not broken by imprisonment and that, overall, it would not be appropriate to treat imprisonment as breaking continuity of residence.
Continuity of residence is likewise broken if for example a deportation order, exclusion order or exclusion decision is made, or the person is removed from the UK under the EEA Regulations, unless this has been set aside or no longer has effect.
Once the person has been continuously resident in the UK for five years, this means that they will be eligible for settled status where, since completing that period, they have not been absent from the UK for more than five consecutive years (as set out in the draft Withdrawal Agreement, rather than for more than two consecutive years as set out in the Free Movement Directive) when they apply under the scheme. It also means for example that, since completing that five-year period, a deportation order, exclusion order or exclusion decision has not been made against them and they have not been removed from the UK under the EEA Regulations, unless this has been set aside or no longer has effect.
(Page 12-13 of the Statement of Intent)