Legal disclaimer

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

There is no change in current rights for EU and EEA nationals living in the UK before exit day until 31 December 2020. The settlement 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 scheme for EU nationals or EU family members who are living in the UK prior to exit day, to obtain indefinite leave to remain in the UK post Brexit until 31 December 2020. If no deal is reached then settled status will remain. 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 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.

Please be aware that your status will be linked to your passport. If your passport is due to expire you may wish to consider renewing your passport before you apply for settled or pre-settled status. The Home Office intend to be able to easily update passport details, however, the system cannot do this yet and your passport will have to be sent away for your status to be transferred to the new passport. 

If you are arriving in the UK after exit day and there is no deal please see the government pages on the European temporary leave to remain (EURO TLR)

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 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.

If no deal is agreed then you will need to living in the UK by exit day.

For more information please read the information on the government web pages. We have provided links on the right hand side.

There will be three core criteria to applying for settled status

  1. Identity
  2. Eligibility
  3. 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 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.

If there is no deal then you must be living in the UK before exit day to apply for the settlement scheme.

For more information please read the information on the government web pages, links are on the right hand side. 

There will be three core criteria to applying for pre-settled status

  1. Identity
  2. Eligibility
  3. Suitability (criminality)

Before you apply you will need your chipped passport, national identity card or biometric residence card (for non EU family members), 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. You may need to have other evidence if you have been in the UK doing other activities, e.g. a student or raising a family.

  • Verify your identity - You will need to have a valid biometric passport, national identity card or biometric residence card (issued by the Home Office) to apply. You can use the EU Exit: ID Document Check app to verify identity or the postal route. The app 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, friends or the University devices to verify your identity and then complete the application on any device you choose.  We understand that there are no security risks in doing this and your data is not stored on this device. If you wish to use the University devices then please see the tab below 'Android Device Appointments'. The government have a video of the process on YouTube. If you do not want to use the app, you can use the postal system. 
  • 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 this page.

There are now various ways of accessing an android device if you or your friends and family do not have one.

The Unviersity Android Device Appointments

You must bring

  • your passport, national identity card 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 be aware that your status will be linked to your passport. If your passport is due to expire you may wish to consider renewing your passport before you apply for settled or pre-settled status. The Home Office intend to be able to easily update passport details, however, the system cannot do this yet and your passport will have to be sent away for your status to be transferred to the new passport. 

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.

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 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. 

There is also a YouTube video explaining the app process. 

Streatham Campus

Colleagues at Streatham Campus who do not have access to an Android device should book an appointment below;

Thursday 12th September 2019, 10.30-12pm, book an appointment via this link 

Tuesday 24th September 2019, 9.45-11am, book an appointment via this link

Tuesday 1st October 2019, 11-12pm, book an appointment via this link

Thursday 3rd October 2019, 2.15pm-3.30pm, book an appointment via this link.

Tuesday 8th October 2019, 8.45-10am, book an appointment via this link.  

Tuesday 15th October 2019, 2-3.30pm, book an appointment via this link.

Thursday 17th October 2019, 1-2pm, book an appointment via this link

Tuesday 29th October 2019, 11-12.30pm, book an appointment via this link.

Thursday 31st October 2019, 10-12p,, book an appointment via this link

Further dates may be added. 

St Luke's Campus

Colleagues at St Luke's Campus who do not have access to an Android device should contact Jane Slaven to book an appointment.

Penryn Campus

Colleagues in Penryn and Truro who do not have access to an Android device should contact Sandra Johnson to book an appointment.

Continuously Resident

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)