Brexit advice for EU, EEA and Swiss students
The EU settlement scheme
Following the recent extensions of the Brexit deadline, it remains unclear if and when the UK will leave the European Union, and under what terms.
Regardless of what happens, having received information from UKCISA (the UK Council for International Student Affairs), as well as taking advice from other reliable sources, Amity University [IN] London is encouraging all current students from the EU/EEA/Switzerland to apply for ‘settled’ or ‘pre-settled’ status under the EU Settlement Scheme.
The EU Settlement Scheme provides a straightforward way for EU/EEA/Swiss students who are currently resident in the UK to secure their right to remain in the UK and continue with their courses at Amity University [IN] London.
Useful information about the EU Settlement Scheme has been published by UKCISA on the following page of their website:
Further information provided by the UK government on this scheme, including an online application form, is available on the following page of the government website:
Frequently asked questions
1. Why do I need to know about the EU Settlement Scheme?
On 29 March 2017 the UK requested to leave the European Union. The rights of EU nationals in the UK, and British citizens in the EU, were not affected during the transitional period since then. However, it is important to be aware how your rights may be affected in the near future.
As an Amity University [IN] London Student from the EU/EEA/Switzerland (or the family member of an EU/EEA/Swiss national) already residing in the UK, you are eligible to remain in the UK. However, you and your family members will need to make an application to make your residency in the UK official. This is called the EU Settlement Scheme. If you don’t apply for the EU Settlement Scheme before the deadline of 30 June 2021 (or 31 December 2020 if no deal is reached with EU), you will no longer have the right to remain in the UK.
2. Do I need to know about the EU Settlement Scheme if I am returning back to my country after my studies?
Yes. Even if you will complete your course before the earliest deadline of 31 December 2020, applying for EU settled or pre-settled status will give you more options for your future. For example there could be delays in your course completion, or you may change your mind later and decide to remain in the UK to work or for personal reasons. It is safer to apply now, regardless of your future plans, because after the deadline 31 December 2020 or 30 June 2021, you will no longer have an automatic right to reside in the UK.
3. Do I need to apply under the EU Settlement Scheme if I already have an EEA Residence Permit Card or Permanent Residence Card in the UK?
Yes. After the deadline of 31 December 2020 (or 30 June 2021 if there is a deal) all entitlements derived from EU law will no longer apply in the UK. 5-year residency cards and permanent residency cards will no longer be valid. This means that you would need to apply under the new EU Settlement Scheme.
4. I am an Irish student, do I need to know about the EU Settlement Scheme?
No. The rights of Irish citizens are not affected by Brexit, but you would be eligible to apply under the scheme if you wished to do so.
5. Is the scheme mandatory?
No, it is up to you whether you wish to make use of the scheme.
6. How can I benefit from the EU Settlement Scheme?
You need to meet some qualifying criteria, prove your identity, provide your biometric details, complete an online application form and provide evidence of your residence in the UK.
The application is in two stages. First, use the “EU Exit”: ID Document Check App which is to confirm your identity and provide your biometric details (photo, face scan and identity document information). The App only works on some Android devices with NFC (NearField Communication) access. It is not available on Apple or Windows devices.
Second, complete a short online application form.
7. Do I have to pay?
No. Applications under the EU Settlement scheme are free of charge.
8. What do I get after I make the application?
There are two forms of status you can obtain depending on how long you have already resided in the UK for:
Settled status allows you to remain in the UK indefinitely. Whilst in the UK with Settled Status; you can continue to study & work without restriction. You can also access any public funds you may be eligible for and use the National Health Service (NHS). You are free to travel in and out of the UK.
After obtaining Settled Status you can spend up to 5 years outside the UK without losing your status, you can choose to apply for British citizenship and any children born in the UK will automatically become British citizens.
Pre-Settled Status gives you permission to remain in the UK for a further 5 years from the date that you are granted this status. Once you have reached five years continuous residence, you can apply again to obtain Settled Status if you want to remain in the UK longer. However, you must apply before your five years on Pre-settled status expires if you wish to remain in the UK. Whilst in the UK with Pre-Settled Status you can continue to study and work in the UK without restriction. You can also access any public funds you may be eligible for and use the National Health Service (NHS). You are free to travel in and out of the UK. You could spend up 2 years outside the UK without losing your status.
9. What are the requirements for Settled Status?
As part of your EU Settlement Scheme application, you would need to demonstrate that you have been resident in the UK for the last 5 continuous years with no absences of longer than 6 months in any 12-month period.
In exceptional circumstances, a one-off absence from the UK of up to 12 months (such as pregnancy, childbirth, study or work posting) or in the case of compulsory military service of any length, can be allowed.
If you are under 21 and are applying with your parents, you may not need to have been resident in the UK for 5 continuous years to obtain Settled Status if your parent(s) have met the requirements. You must have started living in the UK before the departure date in the case of the UK leaving the EU with no agreement or before 31st December 2020 if there is an agreement.
10. What are the requirements for Pre-Settled Status?
To be granted Pre-Settled Status you must complete the EU Settlement Scheme application and demonstrate that you are resident in the UK. You must have started living in the UK before the departure date in the case of the UK leaving the EU with no agreement or before 31 December 2020 if there is an agreement.
11. How do I prove my residence period in the UK?
You will need to evidence that you have been resident in the UK for 5 continuous years. Annex A of the EU Settlement Scheme Guidance provides a list of documents that you can use:
If you have been working/self-employed in the UK during the last 5 years, the easiest and quickest way to prove this is by providing your National Insurance Number on the form. In this case no further documents will be needed to prove residence because the UK Visa and Immigration (UKVI) department will check your record directly with the Revenue and Customs (HMRC) department. If you haven’t been working some or all of the last 5 years, you can provide other documents listed in Annex A.
If you have had an absence from the UK of longer than 6 months but less than 12 months for one of the important reasons listed above, you will need to provide official evidence.
If you have been resident in the UK for any period of time less than 5 years, you will need to provide evidence that you are resident in the UK before the departure date in the case of the UK leaving the EU with no agreement; or before the 31 December 2020 if there is an agreement in place.
Only one piece of evidence of residence is required to obtain Pre-Settled Status. The document must be less than 6 months old. If you have a National Insurance Number and you have been working, the National Insurance Number should be sufficient evidence for Pre-Settled Status. Alternatively you can provide other documents from Annex A:
12. Can my application be refused?
An application can be refused if you do not meet the requirements, provide false information, or if you fail to disclose information requested. If you have certain criminal convictions, your application may also be refused. It is important to read the Suitability Requirements document for more details and seek advice from a lawyer before you apply.
13. What happens if I took a break in studies and left the UK?
If you have absences from the UK which are less than 6 months in any 12-month period you can still be considered as being continuously resident in the UK. You will not need to provide evidence of these absences.
A single absence of up to 12 months for an important reason can also be considered as continuous residence in the UK, for example a study abroad year.
14. What about my family members who reside overseas?
If you have family members who are EU/EEA/Swiss nationals, in the event of a deal, they can come to the UK as normal before 31 December 2020 and will need to apply for Pre-Settled Status before 30 June 2021. In the event of the UK exiting the EU with no deal, they would need to be resident in the UK before the departure date and apply for Pre-Settled Status by 31 December 2020.
If you settle in the UK, your existing family members can come to join you, regardless of whether there is a deal or not, until 12 April 2022. After this date, family members will need to apply for the appropriate visa in order to come to the UK to join you.
15. Where can I get more information or advice?
The United Kingdom Council for International Student Affairs (UKCISA) have detailed information on the EU Settlement scheme and other issues relating to EU, EEA and Swiss nationals:
The UK Government website has a section for EU, EEA and Swiss nationals which contains information on the EU Settlement Scheme, the Application form, policy guidance and other important information:
The Free Movement Blog has a useful section on the EU Settlement Scheme: