EU SETTLEMENT SCHEME

The EU Settlement Scheme is for EU, EEA or Swiss citizens and their qualifying family members to continue living in the UK after Brexit.

The deadline for applying to the EU Settlement Scheme was 30 June 2021. You may still be able to make a late application for this scheme if you meet one of the criteria for later application deadlines or have ‘reasonable grounds’ for not applying by 30 June 2021.

You may also apply if you already have a pre-settled status and now wish to switch to settled status.

Pre-settled status is given to EU, EEA or Swiss citizens and their non-European family members who have not yet lived in the UK for a continuous 5-year period at any point in the past. Your pre-settled status will be granted for 5 years, after which you may extend it or apply to switch to Settled Status.

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)

Fairmont Lawyers can help you navigate the requirements and provide you with professional legal assistance every step of the way to obtain your status under the EU Settlement Scheme.

FAQ

If you application is successful, you will receive a letter via email confirming that you have been granted a Pre-settled or Settled status. The letter will contain your Unique Application Number (UAN), which you will be able to use to access your UK Visas and Immigration account or prove your status in the UK to your employer or landlord. Non-EEA family members (including those with retained right of residence) will then need to apply for a new free of charge Biometric Residence Card if their previous one has expired.

You must keep your UK Visas and Immigration account details up to date when your details change, such as your UK address.

The status you receive depends on how long you’ve been living in the UK at the time of your application. If you have been living in the UK for a continuous period of 5 years before 30 December 2020, you will likely receive a Settled Status. There may be some circumstances where you may be granted settled status even though you have not lived in the UK for a continuous 5-year period. Get in touch with us so we can assess your individual circumstances to provide with a detailed advice.

No. The 5-year continuous residence period is counted from the day you started continuous residence and not from the date you were given pre-settled status.

Not necessarily. You can switch to settled status as soon as you are eligible; however, you can continue to reside on your pre-settled status while it is valid. You must apply for settled status before your pre-settled status expires.

Continuous residence refers to the period during which you legally resided in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12-month period. You or your family member (if you are applying as a non-EEA national) must have started continuous residence in the UK by 31 December 2020. Some absences of more than 6 months in a 12-month period may not be counted as a break in your continuous residence. Please get in touch with us so that we can discuss your circumstances in more detail to assess whether your absences may be exempted.