The EU Settlement Scheme opened to all EU, EEA and Swiss citizens and their family members covered by the relevant draft withdrawal or separation agreements on 30 March. The scheme is also open to the family members of British citizens who were exercising their free movement rights under EU law before returning to the UK (‘Surinder Singh’ cases) and to those with a derivative right to reside (‘Chen’ and ‘Ibrahim and Teixeira’ cases) from 30 March. Applications can be made to the scheme from outside the UK from 9 April and the scheme will also open to those with a Zambrano right to reside (who are not covered by the draft withdrawal or separation agreements) from 1 May.
If the draft Withdrawal Agreement is agreed, the Government will provide a right of appeal under the scheme through the Withdrawal Agreement Bill. If there is no deal, eligibility refusals under the scheme will continue to have a right to administrative review. All refusals will have a right to judicial review. Where a human rights claim is made outside the EU Settlement Scheme and that claim is refused, there is a right of appeal under existing legislation. This is in line with the remedies generally available to non-EEA nationals refused leave to remain in the UK. In either scenario, applicants will be able to reapply to the scheme free of charge if they do not agree with a decision.