Rights of European Nationals

Following the UK’s exit from the European Union on 30 December 2020, European nationals can no longer exercise free movement rights in the UK. We offer expert advice on the rights of European nationals to individuals.

We have developed significant expertise in advising European nationals on applications for leave to remain under the EU Settlement Scheme (EUSS). Although the deadline for applications to the EUSS was, for most, 30 June 2021, there are still circumstances in which a late application can be made if there are ‘reasonable grounds’ for doing so. In addition, the scheme is still open for applications for EUSS family permits for some joining family members of EU nationals who have pre-settled or settled status in the UK.

We frequently advise clients on their right to reside in the UK both at the initial application stage and appeal. This includes complex applications as a result of family breakdown, accusations of sham marriage, lack of residence evidence and advice for Zambrano carers. We also advise clients on challenging delays in the decision-making process.

We also offer advice to those with pre-settled status who would like assistance in applying for settled status, having spent a period of five years continuously resident in the UK, and to European nationals who wish to apply for British citizenship.

Our specialist lawyers have successfully challenged the Home Office on their EU Settlement scheme policy resulting in changes being made to Home Office Guidance on two occasions. These challenges have resulted in a fairer scheme for EU nationals who were affected by the Covid-19 pandemic, and for vulnerable applicants who need to make fresh applications to the scheme after the 30 June 2021 deadline. Read more about these challenges here.