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EEAs after 30.06.2021

mycatismo
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From Home Office Communications 1st Dec
EU, EEA and Swiss citizens in the UK before 31 December

EU, EEA and Swiss citizens resident in the UK on or before 31 December 2020 should not apply through the points-based immigration system. They should apply to the EU Settlement Scheme and have until 30 June 2021 to make an application.

So it doesn’t say what an EEA national who has not applied by 30.036.21 is supposed to do.
I know they will accept late applications to EUSS if the S of S accept it is ‘reasonable’ but we don’t (from what I have seen) have a clear definition of this, only some examples.
So if not accepted for a late application, and can’t apply for a visa through new immigration system, what can they do?

And it still leaves the issue of those with pre-settled status only who would have had a Right to Reside- were the R2R rules still in place- can do about benefits entitlement

Anyone any ideas?

Charles
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mycatismo - 03 December 2020 10:15 AM

So if not accepted for a late application, and can’t apply for a visa through new immigration system, what can they do?

I’m sure at that point they will be able to claim through the new immigration system.
I think they are saying not to apply through that system now is because it’s more beneficial for them to claim through the settlement scheme.

mycatismo - 03 December 2020 10:15 AM

And it still leaves the issue of those with pre-settled status only who would have had a Right to Reside- were the R2R rules still in place- can do about benefits entitlement

This has been sorted:
https://www.legislation.gov.uk/uksi/2020/1309/schedule/4/made

[ Edited: 3 Dec 2020 at 10:28 am by Charles ]
mycatismo
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Thanks Charles, II think I may have misunderstood “post transition period” - and thereby post transition period group….

Bit just to check-

The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 dealt with the problem of people with pre settled status in the grace period up to 30.06.21 as the original version of the regs you mention didn’t address presettled (limited leave).
So I was thinking that as these regs cover the grace period only, that so did the ones you mention.

But does “post transition period” actually mean from 01.01.21 indefinitely??

Charles
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The Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 deal with people who do not yet have pre-settled (or settled) status. It applies until 30 June 2021. The reason for this is to protect people who have not yet applied to the Settlement Scheme, which does not have to be done until 30 June 2021.

The regs I linked to in my previous post are for those who already have pre-settled status and are not time-limited.

mycatismo
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Thanks Charles
Sorry just for absolute clarification, this is because when the regs you quoted refer to the post transition period group, the post transition period goes beyond 30.06.2021, and as far as we know, there is no time limit?

Seems strange that presettled status currently cannot claim UC etc without right to reside but beyond 30.06.21 (or 31.12.2020?) they can?

Charles
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Yes, there is no expiry to the regs I quoted.

To clarify, the regs I quoted do not give access to benefits to everyone with pre-settled status. They still require a person to be a worker (or whatever), as now.

mycatismo
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Yes that is clear from the regs.
What wasn’t clear in my mind was the meaning of ‘post transition period’ as I couldn’t find a definition of it.

Big relief all round.

Thank you for your patience. I can be a bit dense at times.

Charles
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Not a problem.

As the phrase “member of the post-transition period group” has a definition (Para 1(b) in the link I originally posted) which does not depend on the meaning of “post-transition period”, no definition is needed for “post-transition group”. In fact, it would be wrong for any definition to be provided for that shorter phrase!

mycatismo
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Thanks Charles.
All males sense now. Told you I can be dense!