EU Settlement Scheme

The EU Settlement Scheme (EUSS) allows EU nationals and their family members who were living in the UK before 31st December 2020 to protect their rights to live and work in the UK. Our expert London immigration lawyers can guide you with your EU Settlement Scheme application.

EU Settlement Scheme

The EU Settlement Scheme (EUSS) allows EU nationals and their family members who were living in the UK before 31st December 2020 to protect their rights to live and work in the UK. The deadline for most EUSS applications was 30th June 2021.

Under the EU Settlement Scheme applicants who have been continuously living in the UK for 5 years or more can apply for Settled Status. Settled Status is equivalent to Indefinite Leave to Remain (ILR) or Permanent Residence. EU Citizens or their family members who have been living in the UK for less than 5 years can apply for Pre-Settled Status.

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Eligibility requirements for Pre-Settled Status

In order to qualify for pre-settled Status, you need to satisfy UK Visas & Immigration you meet the following eligibility criteria:

  • You are a relevant EEA citizen; or
  • You are a family member of a relevant EEA citizen; or
  • You are a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
  • You are a person with a derivative right to reside; or
  • You are a person with a Zambrano right to reside; and
  • You started living in the UK by 31st December 2020; and
  • You are not eligible for Settled Status under the EU Settlement Scheme because you have not completed a continuous qualifying period of residence of at least 5 years.

Making an application after the deadline

The deadline for most people to apply for pre-settled or settled status from the EU Settlement Scheme was 30th  June 2021. You can only apply to the scheme after this deadline if you:

  • Have a good reason for making a late application
  • Are upgrading from pre-settled to settled status
  • Are applying to join a family member in the UK
  • Have a valid work, study or family visa

Eligibility requirements for settled status

In order to apply for settled status, you must satisfy UK Visas & Immigration you meet the following eligibility criteria:

  • You are a relevant EEA citizen; or
  • You are a family member of a relevant EEA citizen; or
  • Be living in the UK by 31 December 2020; and
  • Satisfy the ‘continuous residence’ test i.e., where you’ve lived in the UK for a continuous 5-year period

Family members applying for settled status must also be residents in the UK no later than 31 December 2020 or must have joined their EU national sponsor who was residing in the UK before the deadline.

How continuous residency is defined

Five years’ continuous residence means that you have been in the UK for  5 years in a row, for at least 6 months in any 12-month period.

Gaps in Continuous Residence

Applicants may have gaps of continuous residence for up to a maximum of 6 months within any 12-month period. Applicants may also have one instance of a maximum of 12 months absence under exceptional circumstances. Such absences are not considered to have broken the 5-year continuous residence requirement; there are:

  • one period of up to 12 months for an important reason – for example, childbirth, serious illness, study, vocational training, an overseas work posting or because of coronavirus (COVID-19)
  • compulsory military service of any length
  • time you spent abroad as a Crown servant, or as the family member of a Crown servant
  • time you spent abroad in the armed forces, or as the family member of someone in the armed forces
  • working in the UK marine area

Switching from pre-settled to settled status

You can switch to Settled Status as soon as you’ve had 5 years’ continuous residence, or sooner if you’re eligible before 5 years. The 5 years is counted from the day you started your continuous residence, not the day you were granted pre-settled status.

Applying for an EUSS family permit

You can apply for an EU Settlement Scheme family permit to come to the UK if you are a family member of an EU national. You must be outside the UK to make this application. 

Who can make a family permit application

Family permit applications can only be made if you are one of the following family members:

  • spouse, civil partner or unmarried partner
  • child or grandchild under 21
  • dependent child or grandchild over 21
  • dependent parent or grandparent

You can also apply if you are one of the following family members of the spouse or civil partner:

  • their child or grandchild aged under 21
  • their dependent child or grandchild over 21
  • their dependent parent or grandparent

Eligibility requirements

You can make an application to join your family member who is already in the UK provided you meet the following requirements:

  • you were living in the UK by 31 December 2020; or
  • your relationship with your EU sponsor began by 31 December 2020 (unless they’re a child born or adopted after that date) and
  • the relationship still exists at the date of the application.

A family permit makes it easier to travel with your family member to the UK or to join them. It lets you come to the UK for up to 6 months. You can work, study and come and go as many times as you want before the permit expires.

If you enter the UK on a family permit, you must apply to the EU Settlement scheme within 3 months of your arrival in the UK or before your family permit expires whichever is earlier.