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EU Settlement Scheme - FAQs

Answers to some of the most commonly asked questions about the EU Settlement Scheme (EUSS), including some ‘Top Tips’ from those who have applied.

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EU Settlement Scheme - apply by 30 June 2021

Application deadline

For those members of our community who are EU, EEA or Swiss citizens or have family members who are affected by Brexit we would like to remind you that the deadline for applying to the EUSS was 30 June 2021.

The Home Office has announced that late applications will be accepted under certain circumstances (please read on to find out more). If you have still not applied, but believe you are eligible for a late application, we would strongly encourage you to apply for the immigration status you will need to continue to live, work and study here in the UK from 1 July 2021.

Do:

  • apply without delay, if you wish to continue to have the legal right to live and work in the UK from 1 July 2021
  • read the available guidance on GOV.UK and our own webpages
  • reach out to hr-visas@bath.ac.uk if you have any questions or need any support
  • check that your absences from the UK do not exceed 6 months in any 12-month period if you're making an application
  • familiarise yourself with what is and is not a permitted absence for maintaining your continuous residence
  • keep a digital or physical file of your documentary evidence of your continuous residence in the UK, so that you are prepared for your settled status application
  • seek advice from an immigration adviser if you need it

Don’t:

  • delay your application, if you wish to apply for status under the EUSS
  • be afraid to ask for support, please reach out to hr-visas@bath.ac.uk for guidance
  • break your continuous residence by being absent from the UK for more than 6 months in any 12-month period, if the reason you are absent is not covered by the permitted exceptions

Do I need to apply to the EUSS?

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

This means you need to apply even if you:

If you have children, you need to apply for them separately.

If you’re an EU, EEA or Swiss citizen and you have a family member who is an eligible person of Northern Ireland, you may be able to choose which way you apply.

The EUSS allows you and your family members to get the immigration status you will need to continue to live, work and study here in the UK from 1 July 2021. This status means that you continue to be eligible for:

  • public services, such as healthcare and schools
  • public funds and pensions
  • British citizenship, if you want to apply and meet the requirements

Where can I find information on the EUSS and how do I apply?

Full guidance can be found on GOV.UK along with applicant information.

We have also developed our own EU Settlement Scheme guidance which you may find helpful.

I've been working overseas due to COVID-19, am I eligible?

Our Brexit advice webpage provides further information in relation to this situation and also if you were resident in the UK before 31 December 2020 but left due to the COVID-19 pandemic and still haven’t returned.

You may also find the Government’s ‘COVID-19: EU Settlement Scheme – Guidance for Applicants’ document helpful.

We would recommend you make an immediate application under the EUSS if you are eligible and you haven’t already done so and consult an immigration adviser if you need individual advice.

Can I apply for the EUSS from outside the UK?

You are able to make an application for status under the EUSS from outside the UK using the ‘EU Exit: ID Document check app’ and your current valid passport or national ID card (if you are an EU, EEA, or Swiss citizen), or your UK residence card with biometric chip (if you are not).

Does the University offer any immigration financial assistance?

The University offers an Interest-Free Loan up to a maximum amount of £10,000 for eligible staff (and their dependants) for Home Office application fees and related legal costs. Further information can be found on our Interest-Free Loan Scheme webpage.

I'm having difficulty applying to the EUSS

The Staff Immigration Team in HR are providing support to staff who are considering making an application. If you need assistance, please contact hr-visas@bath.ac.uk.

If you are experiencing technical difficulties with the EU Exit: ID Document check app, please visit the Government’s website for some troubleshooting tips, or you can contact the EU Settlement Resolution Centre by calling the numbers provided here.

What can I do if my application is rejected?

Some decisions under the EUSS can be challenged by an internal administrative review and/or an appeal. Your decision letter will tell you whether you have the right to apply for an administrative review or to appeal and will provide links to further information on the process and the fees payable.

From 1 July 2021, how will an EEA citizen prove their RTW?

From 1 July 2021, EEA passports and national identity cards will no longer be sufficient to prove your right to work (RTW) in the UK. Instead, EEA citizens will need to show evidence of their status under either the EU Settlement Scheme or the new Points-Based Immigration System. Settled and pre-settled status are a digital-only status, meaning that no residence card or passport stamp is issued and a status outcome letter is not proof of status. Non-EEA family members will continue to be issued biometric residence cards.

You can evidence your right to work using either the Home Office Online Right to Work Check Service, if eligible, where you can generate a digital code and email it to us or via a manual check where we will need to see your original documents in person (unless the COVID-19 interim right to work check process applies).

If you are unable to provide the University with acceptable right to work documents because you have an outstanding application for status under the EUSS or the Points Based Immigration System, with your permission the Staff Immigration Team will need to contact the Employer Checking Service to establish a statutory excuse.

You may also find the Government’s ‘Understanding your right to work in the UK: EU, EEA & Swiss Citizens’ guidance document helpful.

Will retrospective RTW checks be required?

There is no mandatory requirement for retrospective checks to be undertaken on EU, EEA or Swiss citizens who were employed at the University on or before 30 June 2021. The University will maintain a continuous statutory excuse against a civil penalty in the event of illegal working if the initial right to work check was undertaken in line with right to work legislation and the Right to Work Check guidance webpages.

The University does reserve the right to carry out an audit of its workforce to ensure its stability and for compliance purposes.

From 1 July 2021, EU, EEA and Swiss citizens who will be joining the University will need to demonstrate their RTW and you can find out more about how to do this here.

Do I need to share my pre-settlement/settlement status with HR?

If you started working at the University on or before 30 June 2021 and a RTW check was carried out on your EU, EEA or Swiss passport at that time, under current guidelines, you will not be required to share to share your pre-settlement/settlement status with HR. However, if you would like to voluntarily share your pre-settled or settled status with HR please email hr-visas@bath.ac.uk and we will carry out an updated right to work check with you.

This will allow us to record your immigration status correctly on iTrent and help us track the take-up of the EUSS.

If you are an EU, EEA or Swiss citizen who will start working for the University on or after 1 July 2021, you will be required to demonstrate your legal right to live and work in the UK by sharing your status under the EUSS with us or a valid UK visa or other valid immigration document before starting work in the UK.

Do I need to apply again for settled status?

If you have pre-settled status, you can stay in the UK for a further 5 years from the date you got your status. You must apply to the EUSS again before your pre-settled status expires to stay in the UK.

You will be eligible to apply for settled status once you have completed a 5-year continuous qualifying period of residence in the UK. ‘Continuous residence’ means you must have been resident for at least 6 months in any 12-month period. These 6-month absences can be in one stretch or can be separate absences which add up to more than 6 months outside of the UK. Our Brexit advice webpage provides further information in relation to permitted exceptions for absence from the UK.

It is recommended that you keep a record of any absences from the UK during your qualifying period and ensure you have not been absent from the UK for more than 6 months in any 12-month period. It is also recommended that you familiarise yourself with the evidence you will be required to submit in support of your application so that you can file important information in preparation of your future application.

Why is it important to update my EUSS account details?

If you've applied to the EUSS (or for a visa and used the ‘UK Immigration: ID Check’ app to scan your identity document on your phone) then your EUSS (UK Visas and Immigration) account will have been set up based on the following information you provided at point of application:

  • mobile phone number
  • email address
  • name
  • identity document
  • UK address

It is important that you keep these details up to date so you can view and prove your rights to others e.g. your employer. You must also ensure that your details are up to date if you’re waiting for a decision and you’ve changed your email address or phone number - if you do not provide the correct contact details you may not get your decision.

If you need to renew your passport/ID card and are planning to travel (for business or personal reasons) it is worth bearing in mind that you may need to send your original passport/ID card to the Home Office. You can can do so by logging on to your online profile and navigating to the 'Update your details' screen, then select 'Identity Documents' and update as required.

If you are planning to travel and are still awaiting confirmation that your account has been updated with your new travel document, where possible, you should also carry your old document. You can find our more information about updating your details here

To note: when applying for a new passport and updating your details, the Home Office will ask for details of your previous identity document (most often a passport). When you receive your new passport, it is therefore recommended that you keep a photocopy or a scan of the details of your previous identity document as you will need to refer to this.

I've applied for status before the deadline, but I haven't received a decision yet. What must I do?

If you have applied for status under the EUSS and are still awaiting a decision, you will maintain your right to work until your application has been decided (including up to point of appeal) and you will be issued with either:

  • an EUSS Certificate of Application (CoA); or
  • an EUSS email confirming receipt of your application

Please contact the Staff Immigration Team to let us know if you have a delayed application. You will be asked to provide us with:

  • your Certificate of Application (CoA) (which you will have received when making your application); and
  • written approval for us to contact the the Home Office Employer Checking Service (ECS) to confirm that you have applied

The ECS will give us a Positive Verification Notice (PVN). Retaining the PVN and a copy of your CoA will then provide us with a statutory excuse against a civil penalty for six months. This will allow sufficient time for your application to be processed.

Before the PVN expires, we must do a follow-up check with the ECS in order to maintain our statutory excuse against a civil penalty. If you have been granted status before the PVN expiry date, you can prove your right to work to us using the Home Office Online Right to Work Service

Can I still apply if I missed the deadline to apply for status under the EUSS?

Late applications may be accepted for an indefinite period where there are reasonable grounds for failing to meet the applicable deadline. A list of reasonable grounds can be found under the Home Office Caseworker Guidance (pages 27-34)

If you are an existing member of staff who began employment on or before 30 June 2021 and have missed the deadline to apply for status under the EUSS, but believe you are eligible and would still like to do so, please contact the Staff Immigration Team on hr-visas@bath.ac.uk

You will be advised to make an application for status under the EUSS within 28 days of contacting us. Once you have made an application, you will be asked to provide us with:

  • your Certificate of Application (CoA) (which you will have received when making your application); and
  • written approval for us to contact the the Home Office Employer Checking Service (ECS) to confirm that you have applied

The ECS will give us a Positive Verification Notice (PVN). Retaining the PVN and a copy of your CoA will then provide us with a statutory excuse against a civil penalty for six months. This will allow sufficient time for your application to be processed.

Before the PVN expires, we must do a follow-up check with the ECS in order to maintain our statutory excuse against a civil penalty. If you have been granted status before the PVN expiry date, you can prove your right to work to us using the Home Office Online Right to Work Service

I have applied for a job at the University after the 30 June 2021 deadline but I haven't applied under the EUSS and I don't have any other immigration status in the UK

If you are an EU, EEA or Swiss citizen resident in the UK on or before 31 December 2020 but you have not applied for status under the EUSS, you will only be able to take up employment once you can demonstrate your status to us using the Home Office Online Right to Work Service.

If you believe you are still eligible, the Home Office will accept late applications under some circumstances and you can find out more about the process in these FAQs under 'Can I still apply if I missed the deadline to apply for status under the EUSS?' above.

If you are an EU, EEA or Swiss citizen without valid immigration status in the UK who is not resident in the UK and would like to come to work for the University from 1 July 2021, you will need a valid UK visa or other valid immigration document before starting work in the UK.

Staff spotlights

Some of our EU staff who have made a life and home in Bath want to share their personal experience of settling in the UK and applying to the EUSS. Please click below and take a look at their Staff Spotlights.

Aiste Senulyte - Equality & Diversity Officer

Philippe Blondel - Senior Lecturer

Enquiries

If you have any questions, please contact us.