Personal Immigration

This article explains how historic residence in the UK can still lead to Settled Status under the EU Settlement Scheme, even where the qualifying period was years before Brexit. It explores the interaction between EU free movement law, the Withdrawal Agreement and Appendix EU, and explains when late applications may still succeed. Practical case studies illustrate how preserved permanent residence can be recognised despite long absences or previous immigration advice to the contrary.

Section 55 of the Borders, Citizenship and Immigration Act 2009 imposes a mandatory duty on public authorities, including the Home Office, to safeguard and promote the welfare of children in the UK when exercising immigration, asylum or nationality functions. If the Home Office fails to consider the child’s best interests in their decisions, the decision risks being unlawful.