how criminal convictions affect settled status for eu citizens?

He lived and worked in the UK for the last .. Eligibility for settled status. EU law sets out principles to be applied in deportation cases, not hard and clear criteria. However it remains unknown how many applicants had a criminal record. The family permit is valid for 6 months and your family member can leave and enter the UK as many times as they wish. Useful links. Having a criminal record should not put people off applying for settled status. Website: www.unlock.org.uk EU nationals, settled status Pre-settled status grants the same rights as settled status. The former should get either settled or pre-settled status under the EU Settlement Scheme (EUSS), which requirements and legal consequences have been previously described on this blog. It is far from clear whether accidental non-disclosure would trigger a refusal but it is likely it would depend on the circumstances. This is likely to reveal a substantial number of recent and historic offences among the cohort of people applying. 3791535. Registered office: MCSC, 39-48 Marsham Street, Maidstone, Kent, ME14 1HH. This possibility of rejection could be based on any previous criminal convictions of the applicants. Criminal records are mentioned, but not in any detail. You’ll also be checked against the UK’s crime databases. LS LEGAL SOLICITORST: +44 (0) 20 8144 5588M: +44 (0) 75 3595 9450F: +44 (0) 20 8043 2323E: info@lslegaluk.com City Office: 25 Finsbury Circus,London, EC2M 7EEMayfair Office: 12 Hay Hill,Mayfair, London, W1J 8NR. It is considered necessary because most citizens of European Union countries will lose their existing legal status in this country after it leaves the EU. It also depends on when they arrived in the UK and how they’re related to you. EU Settlement Scheme application requirements for pre settled and settled status and when and how to apply. For applicants who have lived in the UK for five years or more and have no unspent convictions, it is unlikely that the criminal record will be a barrier. 33 St James’s Square, London, SW1Y 4JS, Property Therefore, this has the possibility of being rejected. However, those who are aware they have a criminal record and are aware that their application will be checked for criminality are less likely to make an application in the first place. The status of EU citizens who currently live in the UK and of the EU ‘newcomers’ who will migrate after the transition period will differ. EU citizens must have arrived in the UK before 31 December 2020 to be eligible to apply under the scheme. To get pre-settled status, you only need to show you’ve lived in the UK for at least 1 day that was both: on or before 31 December 2020; in the last 6 months before you applied; To get settled status, you only need evidence for 6 months out of every 12 months for 5 years in a row. EU law on deportation is complex and is intended to balance the right of free movement (citizens will be dissuaded from moving if they can easily be deported for minor offending) with the interests of national governments and populations. Paragraph EU16(a) of Appendix EU to the Immigration Rules states that an application for settled or pre-settled status can be refused where: In relation to the application and whether or not to the applicant’s knowledge, false or misleading information, representations or documents have been submitted (including false or misleading information submitted to any person to obtain a document used in support of the application); and the information, representation or documentation is material to the decision whether or not to grant the applicant indefinite leave to remain or limited leave to remain under this Appendix. But now, very quietly, the Home Office have started changing their tune. Despite the fact that EU citizens enjoy the right to move to and live in other member states, the UK government has recently ramped up efforts to … However, some EU citizens who have served jail sentences will be allowed to remain, as Britain will use a softer European standard to decide who can stay, rather than a stricter British one. He is a holder of a permanent residence card blue booklet, issued 2,5 years ago . https://www.freemovement.org.uk/eu-settled-status-criminal-convictions/?fbclid=IwAR3ElChBAw-ep1vwt8PiT58iPNdmg39z2iqB09nuDbJ7RdYMFrysup37Fxs, Specialist Firm in Property and Immigration Law, RSL-LAW is authorised and regulated by the Solicitors Regulation Authorities – If you have not applied for settled or pre-settled status by 30 June 2021, you will not be able to continue living and working in the UK and so you must make an application if you want to continue living in the UK . To be eligible for settled status, candidates must meet the following four key criteria. In short, EU citizens may face deportation action for historic offences if they have: A final decision on whether to pursue deportation will be subject to a proportionality assessment by the Home Office on the individual facts of the case, presumably taking into account length of residence, family links to the UK and similar. Not much detail on that, either, and the information on UK nationals in the EU is a bit light - you can find it here. It can be assumed that some EU citizens and family members with criminal records will apply for settled status. However, those who are aware they have a criminal record and are aware that their application will be checked for criminality are less likely to make an application in the first place. EU citizens with a criminal conviction post-Brexit. 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