The EU Settlement Scheme (EUSS) enables EU and EEA nationals living in the UK before the end of 2020 to gain settlement.
Contact our immigration lawyers for a free telephone consultation on 020 3744 2797 or complete our enquiry form to discuss your settled status or pre-settled status.
The EU Settlement Scheme (EUSS) enables EU and EEA nationals living in the UK before the end of 2020 to gain the right of residence. The scheme was put in place as a result of the departure of the UK from the EU and the ending of free movement. Applicants received either pre-settled status if they had been living in the UK for less than five years or full settled status if they had been living in the UK for five years or more. Settled status is equivalent to permanent residence, while pre-settled status enables applicants to remain in the UK for a further five years to meet the residence period to gain full settled status.
No! While there was a deadline for new applications of 30th June 2021, you will still be able to apply if you have pre-settled status and are now eligible for full settled status, or if you have a valid reason (also referred to as “reasonable grounds”) for making a late application. See below for more details on the reasonable reasons for making a late application to the EUSS.
If you were living in the UK before 31st December 2021 and have yet to apply to the EUSS, speak to one of our specialist immigration solicitors on 020 3744 2797 or by email at firstname.lastname@example.org, who will be able to explain how you can still make a successful EUSS application.
To make a successful application to the EUSS, you must be:
You may also be eligible under the EUSS if any of the following circumstances apply (please note this list is not exhaustive):
See below for more details on applying as a family member under the EUSS.
Making a successful application to the EUSS is relatively straightforward. As such, you will not need to provide a large amount of evidence and documentation to support your case. You will need to provide proof of:
There are EUSS two statuses granted by the Home Office, depending on how long you have been living in the UK. If you have been here for less than 5 years, you will receive “pre-settled status”, meaning that you can stay for another 5 years to reach the 5-year residency threshold. Pre-settled status, therefore, does not confer the permanent right to reside in the UK, but it offers a bridge to get to full “settled status”, which will allow you to remain indefinitely. You will be granted settled status if you have already been in the UK for 5 years.
If you already hold pre-settled status under the EUSS, you will be able to apply for settled status after 5 years of continuous residence in the UK, the Channel Islands, or the Isle of Man before your pre-settled status expires. It is important to note that this five year period is from when you first arrived in the UK to when you apply.
To satisfy the continuous residence requirement for settled status, you must not have lived outside the UK for more than 6 months in any 1 year period.
The application process of switching from pre-settled to settled status involves the completion of an online application form, and there is no fee to apply. The rules state that you will still need to provide evidence of your eligibility (as listed above).
If your application is successful, you will receive an email with a letter confirming your new settled status.
If your application is not successful, speak to one of our specialist immigration Solicitors on 020 3744 2797 or by email at email@example.com, who will be able to recommend the best steps to take.
You will be able to apply to the EUSS after 30th June 2021 if:
If you’re exempt from immigration control, you do not have to apply to the scheme, however, you can do so at any time if you wish to.
While applications are still open under the EUSS, it is important to understand that it will be incumbent on the applicant to prove and satisfy the Home Office that they had a genuine reason for applying late. In practice, this means that the longer the gap between the 30th June 2021 and the application, the more compelling the case will need to be.
UKVI states on this matter, “In all cases, the relevant test is whether there are reasonable grounds for the person’s failure to meet the deadline applicable to them under the EU Settlement Scheme. In general, the more time which has elapsed since the deadline applicable to the person under the scheme, the harder it will be for them to satisfy you that, at the date of application, there are reasonable grounds for their failure to meet that deadline”.
This does not apply, for example, where an applicant can show that an application to the EUSS was not made on their behalf where it should have been; for example, if a parent, guardian, or local authority did not apply for a child for whom they are responsible.
Some of the other possible valid grounds for a late application to the EUSS include:
Your child will also be able to apply under the EUSS if they are eligible. The rules state that each child must have their own application made; this means you can apply for your child on their behalf, or they can apply for themselves if they are able to do so.
To make an application to the EUSS, your child must be:
In addition, they must have been born or adopted in the UK, or joined you here, either:
To apply to the EUSS for your child, you will need to provide evidence of:
Non-EU and non-EEA family members are able to apply under the EUSS scheme if they have a family member (i.e. you are their spouse, civil partner, unmarried partner, child, grandchild or great-grandchild) who is from the EU, Switzerland, Norway, Iceland or Liechtenstein and all of the following are true:
You will also be able to apply to the EUSS if you have any of the following types of family relationship:
Please note, this list of family members eligible for the EUSS is not exhaustive. To verify if you are eligible, speak to our immigration lawyers on 020 3744 2797.
GOV.UK: Apply to the EU Settlement Scheme (settled and pre-settled status)
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