Welcome back to the continuation of our user-friendly guide on the UK Settlement Scheme.
In our previous article, we covered the basics of settled and pre-settled statuses, continuous residence, and key considerations for eligibility. Now, let's delve into the recent changes that could impact your immigration journey, including some updates specifically affecting Surinder Singh and Zambrano applicants.
1. Automatic Extension and Upgrade for Pre-Settled Status:
- Starting September 2023, individuals with pre-settled status will experience an automatic two-year extension if settled status hasn't been acquired.
- The Home Office aims to simplify the process through automation, ensuring individuals are informed directly about the extension.
2. Reasonable Excuse Requirement for Late Applications:
- Effective from August 9, 2023, late applications face stricter rules. Proving a "reasonable excuse" for lateness is now a crucial validity requirement, emphasizing the need for objective and verifiable evidence.
3. Closure of EUSS Family Permit Route:
- As of August 8, 2023, the EUSS Family Permit route has closed for Surinder Singh and Zambrano applicants. Existing permit holders can still use the route, but new applications won't be accepted.
4. Changes in the Definition of "Dependent Relative":
- The definition now includes the adult child of a durable partner, allowing continued qualification if granted leave in this capacity before turning 18.
5. Removal of Right to Administrative Review:
- From October 5, 2023, the right to an administrative review for EUSS refusal and cancellation decisions has been removed. However, the right of appeal will be maintained.
6. Clarification of Dependency Evidence for Pre-Settled Status Holders:
- Minor technical changes clarify that individuals granted pre-settled status as a dependent parent or child do not need to provide evidence of dependency in further applications under Appendix EU.
Understanding Surinder Singh and Zambrano Applicants:
- Surinder Singh applicants are British citizens returning to the UK with their non-British family members after exercising their right to free movement in another EU/EEA country.
- Zambrano applicants are non-EEA nationals who are primary carers of dependent British citizens, relying on the Zambrano principle for their right to reside in the UK.
Practical Steps for Individuals:
- Apply for settled status as soon as you're eligible, ensuring a smoother transition and protection of your rights.
- Pre-settled status holders should stay vigilant and not allow their status to expire without a renewed application, unless notified by the Home Office of automatic extension.
- Keep your online digital status updated, especially if there are changes to your passport or contact details.
- Maintain detailed residence records to demonstrate continuous residence, providing a safety net in case automated government records lack sufficient data.
Conclusion:
- As the UK Settlement Scheme evolves, staying informed and proactive is crucial. The recent changes, including those impacting Surinder Singh and Zambrano applicants, aim to simplify processes and protect individuals' rights. Armed with this knowledge, you can confidently navigate the immigration landscape. Best of luck on your journey!
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