1st May 2020

EEA Students And Family Members

  1. EU/EFTA students and brexit
  2. Settlement scheme

EU/EFTA students and brexit

EU Students and Brexit

The UK formally left the EU at 11pm (GMT) on 31 January 2020 on the basis of an agreement made between the UK and the EU known as the Withdrawal Agreement.

The UK made separate agreements with the EEA EFTA states (Norway, Iceland, Lichtenstein) and Switzerland.

The European Union (Withdrawal Agreement) Act 2020 contains all the provisions of these agreements including an agreement on citizens' rights during the 'transition period’

During the transition period freedom of movement will continue and your rights to study, work, rent properties, access healthcare will remain the same.

The transition period will end at 11pm on 31 December 2020.

After this time you cannot rely on your EEA treaty rights to reside in the UK and you will be required to register for immigration permission to stay. The Government has already introduced the EU Settlement Scheme. ( See Guide to making an application below)

EU citizens and their eligible family members who are resident in the UK by 11pm on 31.12.2020 will be able to apply. The final deadline for making an application will be 30th June 2021.

The EUSS scheme applies to residents from the EU 27 plus Iceland, Norway, Liechtenstein and Switzerland.

Here is a copy of the latest EUSS presentation and Q & A session held on 1st December 2020. It includes a guide to making an EUSS application and some FAQ’s.

EUSS presentation

Information and Support for EEA students and their families

Help and support is available from the Student Advice Centre (SAC) and International Student Support (ISS) Team with EUSS applications and advice on your rights in the UK after Brexit.

If you wish to make a pre-settled or settled status application or you have questions about your status, students can book appointments via International Student Support.

Those students with families or non EEA family members should book an appointment or send their question to the Student Advice Centre , email advice@shef.ac.uk to do so.

The University has a useful source of general Brexit FAQs and updates and is continuing to actively plan for Brexit. Both the Students' Union and University are committed to supporting EU students and staff in this uncertain time.

UKCISA have provided a comprehensive and helpful overview of the rights of EU students in relation to Brexit and the EUSS.

Settlement scheme

You can apply for settled status if you are an EU citizen and have lived in the UK for a continuous period of 5 years.

Where you do not want to wait for the new scheme, you can apply for permanent residence now only if you meet the criteria. However, you will have to apply again for settlement when the applications open. If you wish to do this, please contact the Student Advice Centre.

You can apply for pre-settled status if you have arrived in the UK on or before 31st December 2020.

Once you have lived in the UK continuously for 5 years.

You will be granted 5 years limited leave to remain during which your rights to healthcare, work arrangements and access to benefits will continue.

You will be eligible to apply for settled status (indefinite leave to remain) as soon as you have completed 5 years continuous residence in the UK.

It was annunced onThere is no fee for the application but if you apply during pilot phase you may still have to pay £65 or £32.50 for child. This should be refunded.

You will still have to apply but the process will be more straightforward. Those with PR will not be charged even in pilot phase.

All application for pre or settled status will now be free following announcement on 21.1.2019.

Living in the UK for a continuous period of 5 years means you have not been absent from the UK for more than 6 months in any 12 month period. There is no restriction on the number of absences.

You will still be eligible for the scheme if you do not leave for more than 12 months and it is for an important reason such as childbirth, pregnancy, serious illness, study, vocational training or overseas posting.

Any period of absence on compulsory military service is permitted.

You will be able to continue to live and work in the UK permanently.

Your rights to healthcare, work arrangements and access to benefits will continue.

After holding settled status for 12 months, you will be eligible to apply for British citizenship.

You will have to apply for settled status by *30th June 2021.*

The scheme will be fully open by 30th March 2019 but the Pilot Scheme has been extended from 21.1.19 and is open to most EU citizens including students.

You will not be required to apply for status under the scheme, but you may do so if you wish.

Irish citizens enjoy a right of residence in the UK under the common travel area regulations. This is not reliant on the UK’s membership of the EU.

Your eligible family members (who are not Irish citizens) will be able to apply for settled status without the Irish citizen doing so.

Where you do not want to send your physical passport or identity card by post, you can use an app which will confirm the relevant details remotely using a mobile phone or tablet.

Where the Home Office considers your criminal conviction as “serious” your application may be refused.

You must self-declare your criminal convictions in your application (without having to submit evidence).

Minor offences such as parking fines will not be grounds for refusal.

Seek further advice if you are concerned about this.

The Home Office will verify dates using data held by the HM Revenue and Customs and The Department for Work and Pensions.

Where there is no government data you will be able to upload additional evidence.

A draft list of acceptable documentary evidence can be found in Annex A of the UKVI document.

It is currently assumed that applications will need to be made inside the UK. This may be subject to change.

It will be an online application form. Only in particular circumstances can a paper application form be requested and details are not yet available.

No, you will not have to pay the Immigration Health Surcharge.

You will not have to show that you have held comprehensive sickness insurance during your qualifying period.

However, where you want to apply for permanent residence before this is replaced with the Settlement Scheme, you will have to show that you have held CSI or an EHIC card for the whole 5 years of your qualifying period.

Where your application is refused, you will have the right to request an administrative review.

Where you are refused under the scheme before 31st December 2020, you can make a fresh application before 30th June 2021.

A right of appeal may be established if you apply under the scheme after *30th March 2019*, however this is yet to be approved by parliament.

There will be digital means of evidencing your status.

No physical document will be issued to EU citizens.

Non EU citizens will be issued with a biometric residence document.

You will not have to enrol your fingerprints.

You will be required to upload a passport style photograph of yourself as part of the digital application process. This must be a different photograph than the one in your passport.

Yes, we will offer briefing sessions, group workshops and hopefully support with making applications.

You can find useful updates and a guide to making an application for EU settlement on Free Movement.

Guide to making an application under the EU Settlement Scheme

If you are using your own Android device, please complete these steps before starting the application process:

Enable NFC (Near Field Communication) on your phone:

  • Go to settings.
  • Type in “nfc” into the search field.
  • Make sure it is activated.

Download the UKVI app:

  • Go to Google Play Store.
  • Type EU Exit ID Document Check into the search box.
  • Click and download to your phone.

Verify your identity

Scan your passport:

Scan the photo page of your passport using the camera on your Android device. The full page must be inside the frame, including the two lines of numbers at the bottom of the page. Make sure your phone camera is focused on the text on the page.

The app will prompt you to adjust your Android device to make sure you capture your document effectively. These prompts will appear in a text box at the top of your screen.

Try taking the photo of your document at arm's length if you are having problems.

Check your document’s information:

Remove any cases or covers from your document and Android device and make sure the volume is turned up.

Click the ‘check now’ button in the app when you are ready to start checking your document.

Place the Android device on top of your document when the app tells you to ‘check your document’s information’. Move the device around the document until the app recognises it.

A progress bar will let you know when the check begins and when it is complete. Do not move the Android device until the check is complete.

If the app doesn’t recognise your document, you should slowly move your device around the document until the app recognises it. You’ll hear a beep if your document has been recognised and the volume on your device is turned up.

If you’re using a passport and you continue to have problems, place the phone on the reverse cover or the photo page.

If the app cannot read the chip in your passport or UK residence card:

If the app is not able to read the chip in your document, we’ll ask you to send your passport to us for manual checking of your identity and nationality.

Details of how you can do this are provided in the application. We’ll ensure that your document is returned to you without delay.

Scan your face:

The screen will flash as it scans your face. You should hold your device’s camera in front of your face until the scanning is complete.

You can skip this step and provide different evidence to prove your identity if flashing light may cause you difficulties. You can do this by going to the ‘Find out more’ menu and selecting ‘Skip this step’.

Take a photo of yourself:

  • Look straight into the camera.
  • Have a neutral expression – do not smile or frown.
  • Remove tinted glasses, for example sunglasses.

Your photo should:

  • Be well-lit in neutral lighting.
  • Have no other faces in the background.

Completing your application

After using the app to verify your identity, you can complete the rest of the application either on that device or on any smartphone, laptop or computer. We have already set up the relevant webpage to continue your application on the laptop. Or type in the following web address: https://tinyurl.com/y6uxncce.

Type in your passport number and answer the questions about yourself. UKVI will use your answers to confirm how long you have been resident. In most cases this means you will not have to provide any evidence.

Answer questions about yourself. We will use your answers to confirm how long you have been resident. In most cases, this means you will not have to provide any evidence. You can give your National Insurance number to allow an automated check of your residence based on tax and certain benefit records.

Check your result. We will tell you what status you will be considered for based on your answers. You can accept this result if you agree, or add evidence of your residence if you disagree. If this check is successful, you’ll not need to provide any documents as proof of residence. You’ll only need to provide documents if there is not enough data to confirm you’ve been here for 5 years in a row.

  • The Home Office will tell you immediately after you apply if you need to provide any documents. You’ll be able to submit photos or scans of your documents through the online application form.
  • Pay the £65 fee using your credit or debit card. You will receive a refund once the scheme is fully open after 29th March 2019.
  • You will receive an email confirming the submission of your application.

What happens next?

  • You will receive an email from UKVI confirming the submission of your application.
  • Once your application has been decided (UKVI haven’t published any processing times but it can take from a few hours to several weeks to receive a decision), you will receive an email from UKVI. This will have a letter attached which confirms your status.
  • You can then access your status online. Go to https://view-and-prove-your-rights.homeoffice.gov.uk/eu-settlement/start, enter the passport number you used to apply and you will be able to see your status. You can get a link which you can share with other institutions, e.g. employers, education establishments who need evidence of your status although this shouldn’t be necessary until the UK has formally left the EU.