The AIRE Centre is very concerned about a little discussed aspect of the provisions of the EU Settlement Scheme which means that continuity of residence in the UK is broken by a period of imprisonment of any length. We are trying to find examples of individuals affected by these rules who fall into the below categories:
•An EEA national, or someone living in the UK as the family member of an EEA national, who obtained pre-settled status (PSS) and then received a short (less than one year) sentence of imprisonment, and who was not released from prison prior to 31 December 2020. This could include someone with PSS who has received a sentence (even a one-day deemed served sentence) at any point in 2021.
•An EEA national, or someone living in the UK as the family member of an EEA national, who lived in the UK for a period of less than five years prior to their imprisonment, who had not applied for EUSS and then received a sentence of imprisonment, and was only released from prison after 31 December 2020.