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 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, to obtain indefinite leave to remain in the UK post Brexit until 31 December 2020.
You do not need to apply if you have British Citizenship already.
You will need to apply for pre-settled/settled status before 30 June 2021, 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.
After you have applied, you can view your status or prove it to someone else online. You will not usually get a physical document. you must keep all the following details up to date on your account:
- mobile phone number
- email address
- identity document
- UK address
There are links for further information from the Home Office website.
Remote working during the Coronavirus Pandemic
We recognise that as a consequence of the Coronavirus pandemic, many employees have been working at home. While working at home is permitted in the UK, it is not permitted outside the UK. This is because most countries, like the UK, expect employers and employees to pay tax and social security in the country where employees are physically working (even from a personal home address). Failing to comply with the local employment regulations may result in claims for back taxes and fines from the local authorities, both for the individual and the University. Access to health care may also be affected and, if you are not a national of the country, it may also be a breach of immigration rules for you to work there. To minimise this risk, the University position is that remote/homeworking is only permitted within the UK territory (unless there is prior agreement and appropriate payroll and immigration requirements are in place).
If you are normally living and working in the UK, a short period of remote working as a consequence of travel restrictions imposed by the pandemic may be permitted. However, to fulfil its duty of care it is important that we are aware of where you are working and can make a decision on what action is appropriate in each case. Colleagues should be aware that if they are unable to return to the UK after a personal overseas trip then they may not be able to work remotely from outside the UK and they should make alternative arrangements to return to the UK at the earliest opportunity. We will always do our best to protect our employees but in some cases where the risk is deemed too high for yourself and the University, it may be necessary to place you on leave of absence. If you are currently working outside the UK, please advise your Director of College Operations or service Director (if they are not already aware) at the earliest opportunity.
If you are a new employee living outside the UK and travelling to the UK to commence your employment, your start date will be delayed if Coronavirus restrictions prevent you from travelling unless we are able to make alternative arrangements for tax and social security to be deducted in your home country. You should not start working remotely until you have received written confirmation from HR and have provided satisfactory evidence of your right to work in that country.
For more information see the details on the Global Mobility web pages.
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.
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.
The process is the same.
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 pre-settled/settled status
- 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 a mobile 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) if you are a family member of an EU national and are in the UK based on your relationship with them, to apply. You can apply to the scheme if you are a family member of an EU national but are in the UK under a different immigration route e.g. Tier 2, but you cannot use the app to apply and must post your BRP.
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.
You can use the EU Exit: ID Document Check app to verify identity or the postal route. The app is now available to download on Android devices and on iPhone 7 or later models. For 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 or an iPhone 7 or later model, you can 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. 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 a usable device if you or your friends and family do not have one.
- Devon County Council (Exeter) - please follow the instructions on the DCC website
- Cornwall County Council (Truro) - please follow the instructions on the CCC website
- For more locations please check the Home Office pages
The Unviersity Android Device Appointments
The university android device appointments are currently suspended due to the Covid 19 pandemic. Please see above for offices that are open in Devon and Cornwall.
if you have any questions regarding the scheme please email email@example.com
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)