EU Settlement Scheme

EU Settlement Scheme

EU citizens and their families will be able to apply to get either settled or pre-settled status through the EU Settlement Scheme.

The EU settlement scheme is designed to offer EEA and their eligible family members living in the UK before the end of the transition period (during which free movement continues) the opportunity to protect their residence in the UK after the transition period has ended.

Individuals will be able to apply for either ‘Pre-Settled’ or ‘Settled’ status depending on how long they have resided in the UK.  

Deadlines and Timing

The settlement scheme opened fully on 29th March 2019. Under current government policy, free movement will officially end on 31st December 2020. All EU/ EEA or Swiss nationals and their eligible family members who enter the UK before this deadline are eligible to apply under the settlement scheme.

All EU/ EEA and Swiss nationals and their eligible family members, must establish residence in the UK by submitting an application before 30th June 2021. This provision also extends to those who have been granted EEA residence cards or permanent residence in the UK under the EEA Regulations.

Pre-Settled Status

Applicants who have lived within the UK for less than 5 years may apply for Pre-Settled status. Applicants must be able to demonstrate their current residence within the UK. Pre-Settled status allows the applicant to remain in the UK for up to 5 years, with limited leave to enter or remain. Migrants may apply for settled status following a 5-year continuous period of residence within the UK.

 

Settled Status

 

Applicants who have resided in the UK for 5 years and are able to demonstrate this are able to apply for Settled status (which is similar to Indefinite Leave to Remain).

A child of an EU migrant who is under the age of 21 can also apply for settled status in line with their parent who has been granted settled status, without the 5-year continuous residence requirement.

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. Exceptional circumstances include serious illness, studies, vocational training, pregnancy, childbirth or performing compulsory military service. Such absences are not considered to have broken the 5-year continuous residence requirement.

 

Applicants may not apply under the EU Settlement Scheme should Settled or Pre-Settled Status have been granted and subsequently revoked. Should they wish to apply then another suitable immigration category must be selected.

How can we assist with your application?

Our expert team of immigration lawyers will represent you in your application. We will prepare and submit your application to the Home Office and ensure that you have submitted all the documents that are required.

Our review service

If you have already prepared your application and would like an expert to review it to ensure that you have completed your application correctly, use our review service.  As a part of the review service we also review your supporting documents to ensure that your application has the best prospects of success.