Brexit EU Settlement Scheme Information Briefing

1. EU Settlement Scheme Information briefing for students and their family members By Sarah Woods & Tamara Francis 15th February 2019

2. Who are we? • Sarah Woods is a Senior Adviser (International) based in the SU’s Student Advice Centre and provides advice on immigration routes including EEA residence, post study work, family and settlement visas. • Tamara Francis works for the University’s International Student Support Team as a Senior International Student Adviser advising on student visas including Tier 4 & short term study. She is a also an EU citizen who has applied for settled status.

3. What is aim of the session? • Brief update on Brexit, where we are & what we know so far in terms of EU citizen rights • Provide an overview of EU Settled Status Scheme (EUSS) • Provide information about the application process for EUSS • Q & A’s -What are your worries, issues, what would you like support with?

4. Where are we ??? • No Deal • Renegotiation of WA and last minute deal • Extension of Article 50 • Peoples Vote • General Election • No Brexit ? • Could be any but EUSS will apply unless UK stays in the EU

5. What is the EUSS? • Brexit will mean end of FOM and end to citizen rights enshrined in EU treaty • UK to introduce EU Settlement Scheme for EU citizens and their families. • EU citizens will need to register under UK Immigration system to confirm their status and protect current rights

6. EUSS Key Dates • Introduced into UK law on 28.9.18 • Enshrined in Part Two Withdrawal Agreement on 14.11.2018 (not ratified) • Pilot schemes Aug, Nov and Jan 21st 2019 • Will be fully rolled out from 30.3.2019 • Implementation/transition until 31.12.2020 • Final date to register is 30.6.2021 (or 31.12.2020 if no deal)

7. Who can apply for EUSS? • EU citizens; • citizens of Norway, Lichtenstein, Iceland (non-EU EEA citizens); • Swiss citizens; • eligible family members of all of the above • eligible family members of British citizens whohave exercised a right to reside in another EU country

8. Who will not need to apply? • Irish citizens will not be required to register under EUSS (but their non EU family members would need to) as they right to residence under Common Travel Area • Those EU citizens who already have Indefinite Leave to Remain (*) • EU citizens with Permanent Residence will need to apply

9. Family members • Direct family famers inc Spouse, Civil partner, durable partner, Dependant children (& future children) • Extended family members such as Dependant parents, grandparents, grandchildren • Covered if relationship existed by 31.12.2020 • All other extended family members must be residing in UK by 31.12.2020 • Some protection for non EU nationals who were family members e.g. divorced, widowed • A complex area, please seek further advice if applicable to you

10. Should you apply? • Do you want to protect your existing right to continue living in UK with right to work, study? • It will help you prove your status (e.g. right to work, rent, travel in and out of UK) • Could help in terms of the ‘hostile environment’ • UK Gov intends to treat EU workers like those from rest of world (restricted Tier 2) • Keep your options open! • Its free

11. When to apply? • Think about personal situation • Can apply up to at least 31.12.2020, no rush! • There could be a surge of applications just after Brexit ,3.5 million potential applicants! • Support from UNI/SU to be confirmed but limited before roll out • Have you got a NI, may be worth getting one! • Have you got any criminal convictions ?

12. Pre-settled status • Granted if less than 5 years residence and will not have 5 years + before end of transition/implementation period (30.06.2021) • Time limited, will need to apply again for settled status when 5 years reached & before pre settled status expires • Allows you to leave UK for up to 2 years and protect current rights • May be worth applying for pre settled status even if close to 5 years -

13. Settled Status • If you have PR under EU law you still have to apply but should get settled-status • If you already have 5 years Continuous Residence • If you will reach 5 years CR before end of transition, can wait and apply once for settled status • Will allow you to leave UK up to 5 years without losing status/rights. • You can apply for British Citizenship after 1 year of SS

14. What do you need to apply? • Valid biometric passport (or a biometric national ID card from 29.3.19) • If applicable: UK issued BRC (non-EU family member of EU citizen) • Android phone (min vs 6.0, NCF enabled)

15. How to Apply • Enable NFC on your phone • Download the UKVI app (EU exit ID document check) • Verify your identity via the app (scan passport and take a picture) • Complete application on your phone or computer

16. Using the app • Provide contact details • Verify your email • Receive PIN via sms • Enter PIN to continue • Scan your passport • Scan face • Take a photograph

17. Scanning photo page Follow prompts on app If you are having problems, try taking the photo at arm’s length

18. Place phone on passport • Remove any covers from phone or passport • Click “check now”, place device on top of document • After ? of unsuccessful attempts – locked out for ? days • Move device around document until app recognises it • Tip: place top half of phone on bottom half of passport

19. Place phone on passport

20. Continue application • Answer questions about yourself (passport number, nationality etc) • Answer questions about criminal convictions*, terrorist activities • Answer security questions • Provide NI number (if applicable) • Provisional result if settled or pre-settled status • If a) you don’t have a NI number OR b) you think you should have settled status but NI record doesn’t cover last 5 years – option to upload further documents • Pay £65** (free from 29th March 19)

21. What’s next? • Receive email confirmation of payment and application • Within ? Days you receive an email with the decision letter attached • Decision letter tells you your status and includes a link to the online checking service

22. Type in passport number & date of birth, receive code by text or email and type it in

23. Your status is displayed like this

24. Guidance notes https://www.freemovement.org.uk/how-to-apply-for-settled-status-temporary-status-brexit/

25. Examples of Docs Longer periods of residence • Annual bank statement (at least 6 months transactions) • Council Tax letter • Letter/Cert from school, college, university • Letter from Student Finance England • Letter from employer • Not an exhaustive list! • https://www.gov.uk/guidance/eu-settlement-scheme-evidence-of-uk-residence

26. Examples of Docs Shorter periods residence • Will only cover month they are dated from • Utility bills • GP or hospital appointment card /letter • Payslip • Passport stamp • Used travel ticket showing entry to UK • Letter from a government department, public service or charity

27. Docs which you cannot use • photos and videos • letters or references from family and friends • greeting cards, • postcards sent or received • personal scrapbooks

28. What is Continuous Residence • No absence more than 6 months out of any 12 month period • One period of up to 12 months permitted for an important reason● childbirth● serious illness● study● vocational training● overseas posting●Any period of compulsory military service is permitted (Seek further advice if this applies to you)

29. Step 3 Criminal and security check • HO seeks to ID serious or persistent offenders • You must disclose any offences • Checks made in UK databases and may check overseas criminal records • Before 31.12.2020 assessed using EU public policy test for deportation • After against UK deportation threshold which is lower

30. Suitability & Grounds to refuse • Some concern about how UKVI will enforce this, poor decision making in past on EU cases • Suitability guidance EU15(c) applies • Could be used to refuse EUSS applications • If someone has not exercised EU treaty rights HO can refer to immigration enforcement and pause settled status application whilst investigated (not CSI) • Seek further advice if concerned

31. Application Granted • Evidence of pre settled or settled status is in digital form for EU citizens • Accessible via ID number, D.O.B and 2 stage verification code) • It will display name, photo, personal details • Show type of status and provide rights • Can be shared with third parties via email or access code (e.g. employer)

32. Application Refused • Valid app refused before 31.12.2020 applicant can: Reapply to remedy the refusal ground Request an administrative review • Under WA would have possible right of appeal If the refusal is received after 30 March 2019 • No right of appeal if no deal Always seek legal advice if your application is refused

33. What if there is no Dealor transition period? • UK Govt has published policy paper in case of No Deal • EUSS will still apply and EU citizens can apply up to 31.12.2020 • Only protect EU citizens resident by 29.03.19 • Less generous to ‘extended’ family members

34. No Deal EEA & Switzerland • EEA https://www.gov.uk/government/publications/eea-efta-no-deal-citizens-rights-agreement-and-explainer • Switzerland • https://www.gov.uk/government/news/swiss-citizens-rights-agreement

35. Future Immigration for EU citizens • EU citizens can come for 3 months • After 3 months must apply for limited leave to remain for max 3 years • End of free movement and commitment to ‘sustainable levels of immigration’ • Immigration White paper & 1 year consultation period • No detailed policy information yet on future EU worker, student visa requirements.

36. Questions • We will try our best to answer them! • See https://www.sheffield.ac.uk/brexit-advice • For general advice & updates on Brexit

37. Home Office Guidance • https://www.gov.uk/government/collections/eu-settlement-scheme-applicant-information • https://www.gov.uk/settled-status-eu-citizens-families • https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-eu

38. Useful information https://www.gov.uk/guidance/status-of-eu-nationals-in-the-ukwhatyou-need-to-know https://su.sheffield.ac.uk/student-advice-centre/immigration/eea-students-and-family-members https://www.sheffield.ac.uk/brexit-advice

39. National Insurance Call 0800 141 2075 8.00-6pm Monday to friday SSiD phone free of charge ID-passport & BRP Address Student status Evidence of seeking work https://www.gov.uk/national-insurance

40. Contact Student Advice Centre • Level 3, Students’ Union • Web – www.sheffield.ac.uk/union/advice/ • Phone – 0114 2228660 • Email – advice@sheffield.ac.uk • Twitter - @SheffieldSAC

41. Contact International Student Support Level 6 Student Union international.students@shef.ac.uk 0114 2229679 https://www.sheffield.ac.uk/ssid/immigration/eu-students