UK

Brexit Can Split Families Apart if Parents are Not Suitable

Written by Jon Emge

The Brexit has brought with it much uncertainty, and divisions, in as much as many people feel strongly about remaining, and many feel strongly about leaving.

There were just a few more leave people than remains, so the Brexit is to occur.

However, it is not to occur without kicking and screaming into that good night.

It is not just the issue of trading with the EU once the UK leaves the Union, but there is a huge issue of “Free Movement” for non-UK Citizens.

EU Nationals are not UK Citizens (yet), and as such will no longer have free movement in the UK after December 31, 2020, if no deal is struck, and if no deadline is extended.

This means that is an EU National wants to stay in the UK after the end of 2020, they need a Visa, status to stay in the country.

So the EUSS/E U Settlement Scheme was hatched.

It was a simplified way for all EU Nationals to receive status and stay in the UK; all almost four (4) million of them.

The immigration scheme was needed, the EU Nationals who want and need to stay are as stated, our friends, work colleagues, neighbours, and a part of our economic base and fibre of our country.

The scheme is easy to apply for (online), and there is only three (3) set criteria:

  • Identity: prove your identity and that you are an EU National either by a passport, or National ID card.
  • Eligibility: Show you live in the UK and how long you have lived here, either though checks immigration can do with HMRC and DWP, or through P60’s, tenancy agreements, council tax bills, letters from your GP, bank statements, etc.

    Something that has your name, address and a date on it.

    Those who have lived in the UK five (5) years, receive Settled status.

    Those having lived in the UK less than five years, Pre-Settled status.

  • Suitability: No long-term criminals need apply, you can have criminal convictions, but not of a violent nature, and you should not be a “career criminal”.
  • Fairly straightforward.

    However, under this scheme, all EU Nationals need to apply, all, regardless of age.

    All EU’s Need to Apply (All Family Members)

    With the Brexit here and the EUSS in full swing, it is not just adults, over the age of 18, that need to apply under this scheme to stay in the UK after the UK leaves the EU; all family members, all EU Nationals must apply.

    This means even children and those under the age of 18, need to apply.

    Parents of minors will apply for their children, and the children receive the same status as their parent(s).

    Parents who received Settled status, their children will receive the same Settled status, and those parents that receive Pre-settled status, their children will receive the same Pre-settled status.

    This will maintain the family unit, and not split families up as many fear. The purpose of the immigration scheme is to keep families together, not split them up, and also to insure that young children then have status to stay in the UK as they grow older.

    Once they receive their status, there are no further immigration schemes to deal with, especially if they receive Settled status.

    Again this is to keep families together, the programme is not to split families up.

    However, there may be one area that could be an issue.

    Suitability Issues Could Split Families

    As mentioned before, one of the criteria to receive status under the EUSS and stay in the UK after December 31, 2020 is Suitability, or criminal records checks.

    Should a parent be denied status under the EUSS, or a child/teenager or other age be denied status under the EUSS due to a criminal background or being found “unsuitable” for the EUSS, this has the potential to cause a rift in the family.

    If it is a parent who has the criminal issue and is not suitable, it may have a trickle down effect to younger children, who may qualify on their own, but need a parent.

    Teenagers who may have found themselves in trouble with the law, especially for violent crimes, may not qualify under the EUSS, and could face either deportation, or not being allowed to stay in the UK, yet their parents may be allowed to stay in the UK.

    As to if these issues have been addressed by the Home Office or will be addressed at the time they arise, has yet to be made public.

    As a whole, the EUSS is there to help EU Nationals stay in the UK after free movement ends, and also to maintain continuity with and for families wishing to stay in the UK.

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About the author

Jon Emge

Jon Emge is an experienced UK debt advisor who has helped thousands and thousands of people in the UK to deal with problem debt. Jon specialises in finding good solutions for problem debt using a variety of UK specific techniques.

If you have a question you’d like to ask about how to get out of UK debt, just use the online form.

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