EU SETTLEMENT SCHEME

You can switch to settled status as soon as you have had 5 years’ continuous residence, or if eligible, before 5 years. This 5-year period is counted from the day you started continuous residence, not from when you were granted pre-settled status.

If you or your non-European family member already have a pre-settled status, you must apply for settled status before your pre-settled status expires. The settled status allows you to stay in the UK indefinitely with no immigration restrictions. After 12 months on a settled status, you may be able to apply for British citizenship.

You do not need to apply to the EU Settlement Scheme if one of the following applies to you:

• You have an indefinite leave to enter or remain in the UK
• You are an Irish citizen or hold British and Irish dual citizenship
• You have a Frontier Worker permit, or you are eligible for one, as long as you continue living outside the UK while working here

The deadline of 30 June 2021 does not apply to you if you are one of the following:

• The family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living here by 31 December 2020, and you join them in the UK on or after 1 April 2021 on an EU Family Permit
• Applying for your child, who was born or adopted in the UK on or after 1 April 2021
• The family member of an eligible person of Northern Ireland, but they could not move back to the UK by 31 December 2020 without you – you must be from outside the EU, Switzerland, Norway, Iceland or Liechtenstein
• Exempt from immigration control, or you stopped being exempt from immigration control after 30 June 2021
• Here with limited leave to enter or remain in the UK (for example, if you’re here on a work or study visa) which expires after 30 June 2021
• A family member of a British citizen who you lived within the EU, Switzerland, Norway, Iceland or Liechtenstein – you must have lived with them in that country by 30 December 2020 and returned to the UK with them.

There are different deadlines applied to each of the above categories.

If you do not satisfy one of the above criteria, you may still apply under the EU Settlement Scheme if you can show that you had ‘reasonable grounds’ for not applying by the deadline. You may have ‘reasonable grounds’ if:

• You are a child and did not know you needed to apply
• You have been a victim of modern slavery
• Coronavirus (COVID-19) restrictions made it difficult to access application support

The above list is not exhaustive and you may be able to apply under a different ground from the Home Office’s list.

You will need to provide evidence to support the reason(s) why you missed the deadline.

To be eligible to apply under the EU Settlement Scheme, you must be one of the following:

• You’re from the EU, Switzerland, Norway, Iceland or Liechtenstein [EEA countries] and you started living in the UK by 31 December 2020
• You’re the family member of someone from the EU, Switzerland or an EEA country who started living in the UK by 31 December 2020
• You used to have a family member from the EU, Switzerland or an EEA country who started living in the UK by 31 December 2020 (but you’ve separated, they’ve died or the family relationship has broken down)
• You’re the family member of a British citizen who you lived within the EU, Switzerland or an EEA country – you must have lived with them in that country by 31 December 2020 and returned to the UK with them before you apply
• You’re the family member of a British citizen who also is a citizen of an EU, Switzerland or an EEA country, and they lived in the UK as a citizen of one of these countries before getting British citizenship
• You have a family member who is an eligible person of Northern Ireland
• You’re the child of someone from the EU, Switzerland or an EEA country who used to live and work in the UK – you must be in education in the UK
• You’re the family member of a person who is exempt from immigration control
• You’re the family member of a ‘frontier worker’

If you are a primary carer of your child, you may also apply if your child is:

• A British citizen
• A child of someone from the EU, Switzerland or an EEA country who used to live and work in the UK (the child must be in education in the UK)
• A self-sufficient child from the EU, Switzerland or an EEA country

Your status under the EU Settlement Scheme proves your rights to the UK only.

You will be permitted the following activities if you are granted Settled or Pre-settled status:

• Work and study in the UK
• Use NHS services
• Claim public funds

If you are granted Settled Status, you may also spend up to 5 years in a row outside the UK, the Channel or the Isle of Man without losing your status.

If you or your family members are Swiss citizens, you can spend up to 4 years in a row outside the UK, the Channel Islands or the Isle of Man without losing your settled status. Your family members do not have to be Swiss citizens.

If you are granted Pre-settled status, you can spend up to 2 years in a row outside the UK, the Channel Islands or the Isle of Man without losing your status. You will need to maintain your continuous residence if you want to qualify for settled status.

You will not be able to do the following in the UK:

• Claim public funds (most benefits)