In March of this year, we were pleased to help an EU Citizen get their EU Settlement Scheme Settled Status updated to reflect their current name. Initially, the Home Office had insisted on using the person’s old name, as shown on their passport from their country of origin. This was even though they already had their Home Office Permanent Residence Documentation in their current name.

Changing their name on their passport would have been incredibly difficult – and would have required them to return to their country of origin, incur great expense and disruption, and likely face transphobia.

You can read more about this at: https://www.scottishtrans.org/success-for-trans-eu-citizen-getting-settled-status/

We know that other people may be in the same situation. So we wanted to share a letter that you can send to the Home Office, to get them to change your Settled Status if it’s been issued using the name on your passport, so that it matches your identity.

Some important things to know

This letter is:

• For people who have already been issued Permanent Residence Documentation by the UK Home Office in their current name, before Brexit, based on five years of having a right to reside in the UK;
• For people who have a passport from a country where changing their name as a trans person is impossible, or very difficult;
• For people living anywhere in the UK – but there are two versions of the letter, one for people living in Scotland, and one for people living in England, Northern Ireland or Wales;
• For you to edit, by putting in the relevant information in the sections of red text; and
• For you to send to the Home Office yourself.

Download the template letter

EUSS template – permanent residence documentation FOR THOSE LIVING IN SCOTLAND

EUSS template – permanent residence documentation FOR THOSE LIVING IN ENGLAND NORTHERN IRELAND WALES

A different problem with your EU Settled Status as a trans person?

If you have a different problem with your EU Settled Status, we may be able to help, for example, if you:

• Have not got pre-Brexit Permanent Residence Documentation in your current name;
• Your passport is from a country where changing your name as a trans person is impossible, or very difficult;
• You have changed your name in the UK, so have other documents you could provide in support of your identity (such as a provisional driver’s licence, tenancy agreement, work contract etc.);
• Live in Scotland; and
• Are eligible for Legal Aid (you are eligible if you or your partner receive universal credit, income support, income-based jobseeker’s allowance or income-related employment and support allowance).

If the above sounds like you, or if you are experiencing other problems with your EU Settled Status due to being a trans person, please get in touch with the Scottish Just Law Centre: gwyneth@justrightscotland.org.uk