EU Settlement Scheme : Eu citizens living in UK Complex Cases Ealing Law Centre Only advise if you are regulated to do so Zambrano Carers Second tier advice for professionals Pre-settled or settled Media coverage Settlement Resolution Centre Administrative Reviews British Citizenship

1. EU SETTLED STATUS SCHEME
Complex Cases
Ealing Law Centre
Mandy Groves, trainee solicitor

2. About Ealing Law Centre
Community law centres were established in the 1970s in the
UK to provide access to specialist legal representation for local
people
Since 2012 a number have closed due to the legal aid cuts
ELC opened on the day the cuts came into force in 2013
We specialise in housing, immigration and welfare benefits

3. EU Settled Status Scheme
 As part of the Law Centres Network, Ealing Law Centre will be delivering
the EU Settled Status Complex Cases Project
 There are a number of agencies doing this work, our funding is for
complex cases
 Assisting someone with EUSS does not necessitate providing
immigration advice
 However clients may need immigration advice when making the
application if they are unsure of certain issues

4. Only advise if you are regulated to do so
 It is a criminal offence to provide immigration advice if you are not
regulated
 Ealing Law Centre has a specialist team of immigration advisers to
provide the service who are registered with the OISC and an IAAS
Accredited Senior Casework Supervisor, Hilton Von Herbert.

5. Complex cases may include
elderly people
disabled people
people with serious health conditions (e.g. physical or mental
impairment)
people who are socially excluded
vulnerable children- including children in social care

6. Complex cases may include
those who have experienced;
modern slavery and/or trafficking;
domestic abuse including non-violent forms of abuse (emotional,
psychological etc.);
people who do not have a fixed abode (e.g. Gypsy, Roma and Traveller
communities, rough sleepers);
This service is available for people who live/work in Ealing and
neighbouring Boroughs.

7. Zambrano Carers
 A 'Zambrano' carer is a person from a non-EEA state whose residence is
required in order to enable a child or dependant adult, who is British, to
live in the UK (or the rest of the EEA)
 From 1 May 2019 a ‘person with a Zambrano right to reside’ has been
able to apply for settled status (indefinite leave to enter or remain in the
UK) or pre-settled status (limited leave to enter or remain in the UK)
under the EU Settlement Scheme:
 The application will need to be made via a paper form

8. Second tier advice for professionals
 We also offer Second tier (professional to professional) advice for non-specialist providers. We will be
able;
 to take referrals of the most complex cases
 to assist in ensuring complex cases are effectively and purposefully referred to specialist immigration
providers to avoid incorrect and incomplete applications being submitted.
 provide training (knowledge, information and communication) to local / grassroots organisations on the
basics about what to escalate , when legal advice is required to secure settled status; the specific criteria and
problem solving around the vulnerabilities of people who can be supported under the scheme
 assist with current or potential EUSS applications that they are working on for vulnerable clients.

9. Pre-settled or settled? Know the difference
 Pre-Settled Status is for those who have been in the UK for less than 5
years
 If you have been in the UK for 5 years or more and do not come under
grounds for refusal, for example due to a serious criminal conviction,
then Settled Status should be applied for
 Often when the Home Office app checks the National Insurance Number
of the applicant, a gap will cause it to state the Pre-Settled Status is likely
to be granted. Advisers should opt to provide evidence to secure Settled
Status, to ensure ongoing/future access to housing assistance and
welfare benefits if needed.

10. Media coverage
He had sent off his passport confident of securing his
permanent right to live in the UK but it was not
granted. After an outcry about his case, the Home
Office has contacted him to try to resolve it. In a
statement the Home Office indicated that he had
made a mistake in the application form and applied
for the wrong status.
“I’m 99% sure I didn’t. I’m worried that there are lots
of people in this situation,” said Bertinet, who is
married to a British woman and has three children. He
said he had repeatedly faced 20-minute waits to get
through to someone on the Home Office helpline.
The Guardian, 30 August 2019

11. Settlement Resolution Centre
When assisting someone to apply you can call the resolution
centre on 0300 790 0566 for procedural or specific guidance
For those without documentation, or documents that cannot
be scanned, this is also the number to call to request a paper
forms

12. Administrative Reviews
 Can be applied for if application was refused on eligibility grounds or if
you were granted pre-settled status but think you may be eligible for
settled status
 Application must be made within 28 days of date on decision email
 The fee is £80
 You can also make a new application at any point, this is free - Home
Office have encouraged those with incorrect status granted who cannot
afford the review fee to do this

13. Example 1- Family of 4 applicants
 Our client, Mrs M is a Portuguese national and has been living in the UK for a number of years
having arrived on a work visa. We applied for Settled Status using her Portuguese passport, this
was granted within a week
 Her 7 year old son also has a Portuguese passport and his Settled Status was granted shortly
after hers
 Her 1 year old daughter was born in the UK and does not have her a passport, so her Portuguese
ID document was the basis of her application and needed to be sent to the Home Office to be
checked
 Her husband, Mr D, is an Indian national and his documentation is a paper Family Permit. This
could not be considered as part of an online application and an appointment was booked to
attend the Home Office via their contractors Sopra Steria. The client attended Croydon for a free
appointment and is awaiting the outcome of his application.

14. Example 2 – Family of 6 applicants
 Our client, Mr V is a Dutch national who has lived in the UK for 14 years. His wife is a Sri Lankan
national. The family receive Carer’s Allowance as members suffer with autism and complex
mental health issues.
 Mr V has been granted Settled Status. Mrs V has applied with her husband as her sponsor and
attended the Home Office to register her biometrics.
 They have 4 children together. Child 1 is 18 and a Dutch national. He has applied for Settled
Status with his father as his sponsor. The younger children are 10, 8 and 5 and were all born in the
UK. Mr V did not know what nationality his children are. They have no passports.
 Home Office advised that the children should apply for passports. This has a prohibitive cost for
the family.
 ELC requested paper forms to make an application on their behalf, the inference being that they
are Dutch. Each form is 36 pages long.

15. Looking to the future
 A statement of changes dated 09/09/2019 has amended the suitability
criteria
 Those with settled status who may be wrongly refused entry to the UK,
the challenge of which is a long and drawn out process, could have their
settled status potentially cancelled – either whilst living in our out of the
UK
 Individuals are vulnerable to poor decision making
 Applications for British Citizenship should be considered

16. British Citizenship
 You are able to apply for British Citizenship 12 months after being
granted Settled Status
 Other requirements must be met, please seek advice regarding your
circumstances
 The cost is £1,330 and £19.20 must also be paid to register your
biometric information

17. Please contact us
 Further questions please call Ealing Law Centre on 020 8579 4598 or
email info@ealinglaw.org.uk
 Please write any questions regarding complex cases on the slip provided
and we will contact you