Over 2 million EU citizens with temporary pre-settled status risk becoming ‘irregular migrants’ in UK

Over two million Europeans with pre-settled status under the EU Settlement Scheme (EUSS) can become illegal migrants if they fail to apply for a residency permit in the UK or their application isn’t recognised, the authorities remind.

Pre-settled status, which is granted to EU citizens that were already living in the UK before the free movement ended on December 31, 2020, and Brexit became official, is valid only for five years and after that, applying for residency is mandatory.

According to a report published by the Electronic Immigration Network (EIN), these nationals are struggling to apply for their residency permit for three main reasons, especially those with less support available to them, SchengenVisaInfo.com reports.

“Over the past three years, the evidence has become clear that some people find it much harder to engage with the scheme, including such as victims of abuse, people with poor English skills, or those with health problems. Many of the same groups will struggle to secure permanent status, especially if there is less support available to them in the coming years,” Marina Fernandez Reino, Senior Researcher at the Migration Observatory, said.

More specifically, three reasons that the report has identified include:

1) Inability to apply
Some nationals with pre-settled status forget or fail to apply for a second time to continue living lawfully in the UK. Even if they do, some will have difficulties doing so, such as not being able to access the support they need.

2) Difficulty proving eligibility
EU nationals living in the UK sometimes are unable to provide evidence of their residence, and this is more difficult at the settled status stage when five years of uninterrupted residence in the UK is required. Some non-EU applicants also face difficulties in providing evidence of their past or present relationship with an EU citizen, which can also cause inconveniences when applying for other permits. While many EU applicants are able to count on automated checks, others will have to produce and submit their own documentary proof of their UK residence in order to qualify for the settled status upgrade.

3) Becoming ineligible
Some pre-settled status holders will become ineligible for an upgraded status for several reasons, including a long absence from the UK, a prison sentence, or the breakdown of a family relationship with an EU citizen.

On the other hand, the number of British nationals obtaining EU citizenship or dual citizenship is on the rise. Just recently, the number of Britons living in Portugal reached 714,123, as the country’s Foreigners and Borders Service (SEF) revealed.

SOURCE: Schengen Visa Info

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