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Leaving the UK while an EU Settlement Scheme application is pending

The time given to the EU immigrants in the UK for legalising their immigration status is running out. It concerns migrants who had lived and worked in the UK before Brexit benefiting from the free movement.

The EU migrants have until 30 June 2021to apply to the Home Office under the EU Settlement Scheme . We have already covered this in detail in one of our previous articles.

When the UK started implementing this Scheme, there were a lot of practical issues. For example, it was not clear whether an immigration status of a person would change if they left the UK for short breaks while their application was being processed.

Can an EU migrant leave the UK?

People who applied for the Settled and Pre-Settled status were mainly concerned that them leaving the UK could lead to application being suspended or refused. However, the Home Office confirmed that this would not happen. They said that the rights of the EU migrants who applied under the EU Settlement Scheme are fully protected.

After applying, an EU migrant gets a Certificate of Application that is also available in a digital format. It grants them the right to live in and leave the UK. It will have no impact on the decision of the UK immigration authorities concerning their new immigration status.

Will the applicant be able to return to the UK?

That was not clear either. Some EU migrants living in the UK who applied for a new immigration status here were worried that they would not be able to return to Great Britain if they went to the EU. They feared that they would have to apply for a standard visitor visa while their application was being processed.

However, the British government has adapted its policy to support the EU migrants under these circumstances. If a migrant has not had their new immigration status approved yet and wants to return to the UK, they only need to demonstrate their ID and Certificate of Application. Besides, if an EU migrant has a biometric passport and has already used e-gates, they may continue to do so in the future.

The above rules apply not only to the main applicant, but also to their families. They can also cross borders between the UK and the EU without any problem till they obtain their immigration status.

The only thing that may prevent an EUmigrant from entering the UK are COVID-19 restrictions that apply to all. UK authorities recommend that you check latest government advice when you plan to go to the UK.

If you have any questions about the Settled/Pre-Settled status or any other immigration issues, contact our specialists. Imperial & Legal advisors will review your case and help you find the best solution.

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