EU Settled Status Scheme: Your Guide to Residency in the UK

What is the European Union Settled Status Scheme?

The European Union Settled Status Scheme allows some European citizens and their families to live in the UK after Brexit. Qualifying for the scheme depends on:

• Which country you are from
• If you or a family member were living in the UK on or before 31 December 2020

The deadline to apply was 30 June 2021. However, the Home Office is still taking applications if you have a good reason for being late.

The scheme is also known as the EU Settlement Scheme.

Background to the EU Settled Status Scheme

The scheme was introduced in 2019 in response to the UK leaving the EU. It covers EU citizens and those from some other European countries. It allows you to live in the UK legally after Brexit.

The system also provides rights to eligible family members.

A total of 5.7 million people have successfully applied to the scheme since it launched.

Settled vs. pre-settled status

There are two types of status under the scheme:

1. Settled status: For those who have lived in the UK for five years or more in a row. This is known as “continuous residence”
2. Pre-settled status: For those who have lived in the UK for less than five years

Both allow you to continue living in the UK even though EU free movement law no longer applies here.

You may be able to get settled status before you have five years’ continuous residence. For example, if your parent has settled status, or you start working in an EU country.

It’s usually possible to convert EU pre-settled status into settled status once the five-year period is reached.

Who is eligible for the EU Settled Status Scheme?

Citizens from the EU, Switzerland, Norway, Iceland and Liechtenstein are eligible for the scheme.

You might also be able to apply if you’re the family member of an eligible person from Northern Ireland.

“Family member” normally includes:

• Spouse, civil partner, long-term partner
• Child, grandchild, great-grandchild
• Dependent parents, grandparents or great-grandparents

The deadline for most people to apply to the scheme was 30 June 2021. Note that this deadline does not apply if you have pre-settled status and you’re seeking settled status.

To apply for the scheme after the deadline, you must meet these requirements:

• You or your family are from the EU, Switzerland, Norway, Iceland or Liechtenstein
• You or a family member were living in the UK on or before 31 December 2020
• You meet one of the criteria for a later deadline to apply
• You have “reasonable grounds” for why you’re applying now

These may also apply:

• You joined a family member from the EU, Switzerland, Norway, Iceland or Liechtenstein in the UK on or after 1 April 2021. The family member must have lived here on or before 31 December 2020 and have settled or pre-settled status
• You’re applying for your child who was born or adopted in the UK on or after 1 April 2021
• You’re the family member of an eligible person of Northern Ireland. They couldn’t move back to the UK without you before 31 December 2020.
• You are from outside the EU, Switzerland, Norway, Iceland or Liechtenstein. You were living in the UK on or before 31 December 2020. You got limited leave to enter or remain in the UK before 30 June 2021 but that leave runs out after 30 June 2021
• You’re exempt from immigration control. Or, you stopped being exempt from immigration control after 30 June 2021

And here are some examples of “reasonable grounds” for applying late:

• A serious medical condition stopped you applying on time
• You lack the physical or mental capacity to apply
• You were in an abusive or controlling relationship, or experienced domestic violence
• Your parent or guardian did not apply when you were a child and you only just found out you need to apply
• You came to the UK on a work or study visa and became eligible to apply while you were here
• You have another compelling practical or compassionate reason

How to apply for settled status

Take the time to read through the details of the scheme before applying. There’s lots of information on the government website about who is eligible. Pay close attention to:

• Which family relationships qualify
• What it means by “continuous residence”
• Which dates you or a relative must have been living in the UK

Applications are free of charge.

Documents needed

You’ll need the following documents to apply for the scheme:

• Passport, national identity card, or UK-issued biometric residence card
• Digital photo of your face (you can take a selfie while applying)
• Proof of your continuous residence in the UK and (unless you’re applying to join a family member) that it started by 31 December 2020. This might be, utility bills, bank statements or official letters
• Documents proving your family relationship and their eligibility or status under the scheme, if you’re trying to join or remain with them. This could include residence card, birth certificate or family permit
• Evidence that you meet the criteria for a later deadline
• Evidence that you have “reasonable grounds” for applying late

Application process overview

Most people can apply online. Certain children and family members may need to apply by post. Contact the Resolution Centre online for more information.

You will usually be sent an application form. You must post the completed form and documents to the Home Office.

How to appeal

You can appeal to a tribunal if your application is refused. A judge will listen to both sides before making a decision.

You can also challenge if you get pre-settled status but you think you should have settled status.

You can appeal by yourself or use a solicitor or immigration adviser.

Common mistakes and how to avoid them

Common mistakes include not applying because the deadline has passed, and not sending the right documents.

You may be able to apply even though the deadline has gone. And you should check carefully what you need to send.

You’ll need a good reason for making a late EU Settlement Scheme application. You can speak to an immigration adviser at Citizens Advice if you need more help.

If you live in Scotland, you can speak to an adviser at Citizens Rights Project.

Benefits of holding settled status

There are many benefits to holding settled status. These include living and working in the UK and getting benefits.

Rights and privileges

Those who hold settled or pre-settled status are able to:

• Work in the UK
• Use the NHS for free, if you could prior to 31 December 2020
• Enrol in education or study in the UK
• Access benefits and the State Pension, if you’re eligible for them
• Travel in and out of the UK (different rules apply)

If you have settled status, you have the right to live in the UK permanently. You can also apply for British citizenship once you’ve had settled status for 12 months.

Pre-settled status lasts for five years. At the end of the five years, it automatically extends by another two years. But Citizens Advice says you should still apply for settled status.

Travelling abroad

Settled and pre-settled status have their own rules when it comes to spending time abroad. Abroad means outside the UK, the Channel Islands and the Isle of Man.

If you have settled status, you can spend up to five years in a row abroad without losing your status. If you’re a Swiss citizen, this is cut to four years for you and your family members.

If you have pre-settled status, you must not normally be abroad for more than six months in every 12-month period. You’ll lose your pre-settled status if you spend more than two years in a row abroad.

Challenges and solutions

It can feel tricky navigating the EU Settled Status Scheme process. Here are some tips.

Issues faced by applicants

Some applicants are confused about the criteria to apply for the scheme. We can dispel three myths straight away to make it easier for you:

Some applicants find the online application process hard. If that’s the case, you can get help over the phone from We Are Digital. Email them on visa@we-are-digital.co.uk or call 03333 445 675 (Monday to Friday, 9am to 6pm).

You may be worried about the rules on going abroad. However, there are some good reasons for being out of the UK for more than six months:

• Spending one period of up to 12 months for an important reason. For instance, childbirth, serious illness, study, an overseas work posting or coronavirus
• Compulsory military service of any length
• Spending time abroad as a Crown servant, or as the family member of a Crown servant
• Spending time abroad in the armed forces, or as the family member of someone in the armed forces
• Working in the UK marine area

These will not count as a break in your continuous residence – whether you’re applying for the scheme or have pre-settled status.

Addressing application delays

It can take up to a month to process applications. This is according to UK Visas and Immigration (UKVI), part of the Home Office.

This applies when no further information is required. It will likely take longer than a month if:

• More information is needed, such as evidence relating to your residence in the UK
• You’re applying as a minor and your application is not linked to an adult
• Your supporting documents need to be verified
• You submit a paper application
• You are a non-EEA or non-Swiss citizen and are applying based on a relationship you have not relied on in a previous Home Office application
• You have a relevant criminal record

To speed up your application, double-check you have included all the relevant documents. And try and apply online, if you can.

Difference between settled and pre-settled status

Here’s a quick overview of the main differences between settled and pre-settled status.

Impact of Brexit on EU nationals in the UK

Brexit had a big impact on EU nationals living in the UK.

The UK voted to leave the EU in June 2016. There was then a Brexit transition period, which expired on 31 December 2020. This meant that freedom of movement for those coming to work or study in the UK ended on 1 January 2021.

EU citizens moving to the UK are now subject to strict immigration rules.

Summary

The EU Settled Status Scheme is a key part of protecting the rights of EU citizens in the UK post-Brexit. It helps ensure they can continue to live and work without disruption.

It may feel daunting working out if you’re eligible for the scheme. And you may be confused about whether you can apply, given that the official deadline has passed.

But it’s worth checking if you can submit an application. Securing settled or pre-settled status will guarantee your rights in the UK. It could give you and your family more certainty and clarity about the future.