EU Settlement Scheme (EUSS)

You may still be eligible to settle under EUSS under certain requirements, meeting specific criteria.

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Following Brexit, EEA/Swiss nationals and their family members had to enter the UK by the end of the transition period (31 December 2020) to qualify for status under the EU Settlement Scheme (EUSS), which closed for most applicants on 30 June 2021. Applicants can still make an application in certain circumstances.

To make an application under the EUSS, you need to show that you, or your family member from the EU, Switzerland, Norway, Iceland or Liechtenstein, were living in the UK by 31 December 2020.

Pre-settled status

Pre-settled status for applicants to the EUSS who cannot demonstrate 5 years’ continuous residence in the UK. Applicant’s must have started living in the UK by 31 December 2020. Once granted, the applicant can stay in the UK for a further 5 years from the date of being granted pre-settled status. Once you have pre-settled status, you can usually switch to settled status once you have lived in the UK for 5 years.

Settled status

You will usually be granted settled status when you have lived in the UK for a continuous 5-year period (‘continuous residence’).

5 years continuous residence is when the applicant has been in the UK, Channel Islands or Isle of Man for at least 6 months in any 12-month period (unless one of the exemptions apply, which mean that absences over 6 months in duration do not break continuous residence)

How can we help?

We have experience of preparing successful EU settlement applications on behalf of our clients. We pride ourselves on the presentation of our applications to the Home Office. You can be assured that your application process will be managed in a professional and organised manner.

 

FAQs

What are the requirements if I did not have pre-settled status before 30 June 2021?

You can still apply for EUSS if you or a family member were living in the UK by 31 December 2020. You or your family member need to be from the EU, Switzerland, Norway, Iceland or Liechtenstein. 

You must also either:

  • meet one of the criteria from the later deadline applications
  • have substantiative ‘reasonable grounds’ for why you are only applying now and not by the time the deadline came around

If you are an Irish citizen or have indefinite leave to remain, you may still be able to stay in the UK without applying. Get in touch with us if you are uncertain. 

If your application is successful, you will receive settled or pre-settled status. 

If you have pre-settled status

You should be able to apply to settle after living in the UK for 5 consecutive years. 

You can switch from pre-settled to settled status by making a new application under the new scheme. If you do not make an application, Home Office will renew your pre-settled status by 2 years before it expires again.

Can my family/dependants apply?

If they meet the stipulated requirements, they can apply under their own application. 

Does EUSS lead to British Citizenship?

Yes. Once you have lived in the UK for at least 12 months with settled status, you will be able to apply for British citizenship. 

What counts as 'reasonable grounds'?

If you are joining a family member who was living in the UK by 31 December 2020, you may be able to apply dependent on when you arrived in the UK, as long as: 

  • You were family members by 31 December 2020 (children born or adopted after this date do not need to adhere to this)
  • The family relationship still exists at the time of application

There are other scenarios which will count as ‘reasonable grounds’, you can view them here. You will need to give evidence that: 

  • explains why you could not apply and the reason(s) why
  • covers the whole period since the deadline passed, as well as shows why you could not apply by the deadline. 
Can I still apply to EUSS?

Yes, if you meet the abovementioned criteria. You will need to apply and while awaiting your application decision, will be protected and have access to work, benefits and rentals. Same applies if you are joining a family member and are in the process of applying. 

How much does it cost to apply?

There are no fees to apply to EUSS.

What happens with children born in the UK after successfully applying for EUSS?

They will automatically become British citizens if you are settled. If you have pre-settled status, they can apply for pre-settled status too. 

How do I move from pre-settled status to settled status?

As soon as you have lived in the UK for 5 continuous years, you will be able to apply for settled status. This is also known as Indefinite Leave to Remain (ILR). 

What do I need to provide in order to apply?

You will need to provide evidence to show your: 

  • identity
  • continuous residence in the UK that started by 31 December 2020
  • relationship to your family member and their status under the EUSS

You will also need to provide evidence of one of the two:

  • you are applying before the deadline due to circumstance, for example, you are applying for a child within the 90 day cut off of them being born/adopted in the UK
  • you have reasonable grounds as to why you are applying now and not  before the deadline. 

You can find more in-depth detail here

What can I do while I wait for my application results?

Once you have applied, you will receive a certificate of application that you can use to prove your right to work, rent, claim benefits and use the NHS services. 

What happens once my application is successful?

You wil receive the decision letter by post or email confirming whether you have been given settled or pre-settled status. You cannot use this letter to prove your status. 

You can prove your status online if needed. You will receive a share code that you can share with your employer or landlord that they can use to verify your legal status. 

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