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Vineet S
Vineet S,
Category: Law
Satisfied Customers: 1616
Experience:  Freelance Solicitor at Self Employed
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I have a question about the EU settlement scheme, I am a UK

Customer Question

I have a question about the EU settlement scheme
JA: Where are you? It matters because laws vary by location.
Customer: I am a UK student on tier 4 at the moment
JA: What steps have you taken so far?
Customer: I am in the process of trying to get French citizenship through my father's status but the beaurcpatic process is heavily delayed
JA: Anything else you want the Lawyer to know before I connect you?
Customer: my father is Swiss and French, I have been in the Uk on a Tier 4 visa since 2018, I am a US passport holder otherwise and spent the first 18 years of my life in Switzerland but do not have a passport
Submitted: 14 days ago.
Category: Law
Expert:  Vineet S replied 14 days ago.

Welcome to Just Answer, I am a practicing solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

Expert:  Vineet S replied 14 days ago.

Hi there,

What is your specific question please?

Customer: replied 14 days ago.
Hi Vineet, my question more specifically I suppose is What happens if I get my French passport after the settlement scheme closes? And what advice do you have in regards ***** ***** in the UK legally with my current situation. I have looked around online but would like to see if there is any option I overlooked or if I simply am not eligible and should stop trying to remain.
Expert:  Vineet S replied 14 days ago.

Hi there,

The EU settlement scheme is open till June end 2021, if you can not apply under the EU settlement before this deadline.

then you would have to rely on the UK domestic immigration rules for extending your stay, the domestic rules are far more stringent than under the EU settlement scheme.

Customer: replied 14 days ago.
what are the domestic rules?
Customer: replied 14 days ago.
what are the domestic rules?
I am a stundent right now until April. then I will leave. I had hoped to apply to the scheme in June but like I said the French passport is taking far too long. will it help if I can prove the process is delayed and therefor I could not apply sooner? is there any possibility the scheme will be extended?
Expert:  Vineet S replied 14 days ago.

So, current you are on tier 4 visa under the domestic immigration rules those are in place for all non -EU nationals.

Customer: replied 14 days ago.
hello?
Expert:  Vineet S replied 14 days ago.

the delay in getting passport would not help you or can not be used as valid defence.

The deadline has been set , from 1st July 2021, you would not be able to apply under EU settlement scheme.

Expert:  Vineet S replied 14 days ago.

so an EU passport would not be able to help you in either entering or extending your stay in the UK from July 2021.

Customer: replied 14 days ago.
what if my parent is in the settlement scheme? I am 27 but I do depend on him financially and he is a senior at 85 years of age that I will very likely have to care for in coming years
Expert:  Vineet S replied 14 days ago.

You can apply for family card under the EU settlement scheme being a family member of an EU national, living in the UK.

Expert:  Vineet S replied 14 days ago.

You would not be eligible for residence card as child as you are over 21 years.

Expert:  Vineet S replied 14 days ago.

You can apply as a direct family member if you’re related to the EEA national as:

  • their spouse or civil partner
  • their (or their spouse or civil partner’s) child or grandchild who is under 21 or a dependant
  • their (or their spouse or civil partner’s) dependent parent or grandparent
Customer: replied 14 days ago.
does the family card under the EU settlement scheme give me any rights for stay and work?
Expert:  Vineet S replied 14 days ago.

Unfortunately ,You would not have retained rights under the EU settlement scheme.

Customer: replied 14 days ago.
are there any schemes open for graduates of 2020 classes?
Expert:  Vineet S replied 14 days ago.

Yes, depending on your completion date of your study course.

From summer 2021, international students who have successfully completed an undergraduate or master’s degree will be able to benefit from two years’ work experience in the UK upon graduation, through the new Graduate Route