Brexit, Children and the EU Settlement Scheme

Brexit has impacted nearly everyone across the country, including a huge number of families and children. According to The Migration Observatory, there are over 900,000 children of non-Irish EU citizens living in the UK.

Even though 239,000 of these children were born in the UK, many may not be considered as British citizens and will need to apply for appropriate action to secure their rights. With many parents, carers and legal guardians being unaware of this required application, here is some more information on the EU Settlement Scheme.

What You Need to Know About the EU Settlement Scheme

What is the EU Settlement Scheme?

The EU Settlement Scheme provides the opportunity for EU, non-EU EEA and Swiss citizens living in the UK to protect their residence after the transition period has ended. It is free of charge and applications must be made by 30 June 2021. If you do not apply before then and you do not have an alternative legal status, you may be considered unlawfully resident in the UK.

Who Can Apply to the EU Settlement Scheme?

If you are an EU citizen, Swiss citizen, or a non-EU EEA citizen who is currently living in the UK or arrived by 11pm on 31 December 2020, then you can apply to the EU Settlement Scheme. More information on who should apply can be found here.

Child Applications to the EU Settlement Scheme

Children who hold British or Irish citizenship do not need to apply but, as mentioned above, if a child was born in the UK, it doesn’t necessarily mean that the child has British citizenship.

Children or their parent / guardian can apply for the EU Settlement Scheme if the child is an EU, EEA or Swiss citizen or if the parent or guardian (or their spouse or civil partner) is an EU, EEA or Swiss citizen. While other adults who are responsible for a child or are aware of a child’s circumstances may not be able to make an application on a child’s behalf, action still needs to be taken.

If a child lives in the UK but their parent / guardian does not, they may be eligible to apply. Additionally, if the parents / guardians aren’t eligible to apply themselves, they can still apply on a child’s behalf.

Linked Applications

If both parent / guardian and child need to apply for the EU Settlement Scheme, they will be able to link applications. The parent / guardian should apply first, then apply for the child / children they are responsible first, then link the applications.

Linked Applications mean that any children under the age of 21 will receive the same Settled Status that their parent / guardian is granted.

Immigration Guidance from Caversham Solicitors

If your application is successful, a letter will be emailed to you confirming your Settled or Pre-settled Status. Find out more about the statuses here.

At Caversham Solicitors, our Immigration Solicitors are experienced in dealing with all aspects of Immigration and will be able to help you with your application, if you need assistance. Our advice will always be clear and concise, and if you have any questions, please don’t hesitate to contact us for more information.