Further Information For Non EU Primary Carers of British Children

Following the Court judgment in the case of R (Akinsanya) v SSHD [2021] EWHC 1535 on the 9th June 2021 you may be able to apply for status under the EU settlement scheme. 

It is important that you make your application by the 30th June 2021, although it is possible this deadline could be extended. Please consult an immigration solicitor if you fall into the above category for further advice on your eligibility. You can call Rights of Women for immigration advice and details of our advice lines can be found here: https://rightsofwomen.org.uk/get-advice/immigration-and-asylum-law/

Who Can Apply?

  • You can apply if you are not British or European AND
  • You do not already have pre-settled or settled status under the EU settlement scheme AND
  • You have a British child under the age of 18 AND
  • You are the primary carer of your British child

What Status Can You Get?

Settled Status

You will be eligible for settled status if you have been caring for a British child for 5 years.  Settled status is also known as indefinite leave to remain. This status means that you have the right to stay in the UK permanently and have the right to access public funds (benefits and social housing).

Pre-settled Status

You will be eligible for pre-settled status if you have been the primary carer of a British child for less than 5 years.  This is also known as limited leave to remain. People with pre-settled status will only be able to access public funds (benefits and social housing) in limited circumstances, such as if they are working or self-employed. Once they have been the primary carer of a British child for 5 years, they will be able to apply for settled status.

If someone qualifies for pre-settled status, they will need to carefully consider whether applying under the settlement scheme is the best thing for them. They should consider:

  • Whether they will be able to access benefits or social housing
  • Whether they will be able to able to qualify for settled status/indefinite leave to remain sooner under the settlement scheme or by following their current route (e.g. the 10 year route to settlement)

Application fees

There is no fee to apply under the EU settlement scheme

What if the application is refused?

A person has a right to appeal if their application is refused under the EU settlement scheme but they will need to pay the £80 fee for a written appeal or £140 for an appeal hearing.

If the applicant already had a different form of leave to remain when they applied, they will keep their existing leave if their EUSS application is refused, provided that the applicant’s circumstances haven’t changed since they were last granted leave to remain.

If you are a professional supporting primary carers of British children it is important that you advise them to obtain legal advice from an immigration adviser on their eligibility to apply under the EU settlement scheme.

For further information about the Akinsanya Judgment please refer to the information on the Hackney Community Law Centre website https://hclc.org.uk/2021/06/zambrano-carers-and-the-euss-scheme-what-you-need-to-know/

 
 
 

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