EU Settlement Scheme

Following Brexit, the immigration rules for EU, EEA, and Swiss nationals wishing to live, work, or study in the UK have changed. If you were already residing in the UK and wish to stay indefinitely, you must apply for immigration status under the EU Settlement Scheme (EUSS).

The initial application deadline was 30 June 2021, but late applications may still be accepted if you were exempt from the deadline or have ‘reasonable grounds’ for not applying on time.

The EU Settlement Scheme (EUSS) is the UK’s immigration system for EU, EEA, and Swiss nationals and their families who wish to continue living in the UK following Brexit.

Under the scheme, your immigration status will be classified as either:

• Settled Status – Granted if you have continuously lived in the UK for five years, allowing you to remain indefinitely.
• Pre-Settled Status – Granted if you have lived in the UK for less than five years, providing you with temporary permission to stay for up to five years, after which you can apply for Settled Status.

Holding settled or pre-settled status allows you and your family to live, work, and study in the UK. After holding settled status for 12 months (a total of six years of continuous UK residence), you may apply for British citizenship. If you are married to a British citizen, you may be eligible to apply sooner.

Settled status can only be lost through prolonged absence from the UK (five years or more) or serious criminal activity leading to removal from the country.

Who is Eligible for the EU Settlement Scheme?

To qualify for the EUSS, you must meet the eligibility criteria and demonstrate good character.

• If you have lived in the UK for five years, you qualify for settled status (indefinite leave to remain).
• If you have lived in the UK for less than five years, you qualify for pre-settled status (limited leave to remain for five years).

Your continuous residence is determined by:

• Spending no more than six months outside the UK in any 12-month period.
• Automated checks conducted via HMRC and DWP records to verify employment history.
• Providing additional evidence if required to prove residence.

Exceptions to Continuous Residence:

• You may still qualify even if you spent up to 12 months outside the UK for:
• Childbirth, serious illness, study, vocational training, or work postings.
• Crown service or accompanying a family member in Crown service.
• Armed forces service or accompanying a family member in the armed forces.

How to Apply Under the EU Settlement Scheme

Applications for the EUSS must be submitted online, with identity verification completed via:

• The UK Immigration: ID Check app, or
• A biometric appointment at a visa application centre if unable to use the app.

Upon submission, you will receive a digital certificate confirming receipt of your application. However, this does not grant immigration status. If your application is successful, you will be issued either settled or pre-settled status.

Applying for Your Family

Your family members can apply under the EUSS at the same time as you. Eligible family members include:

• Spouse, civil partner, or durable partner
• Children under 21 or financially dependent adult children
• Parents or grandparents who are financially dependent on you
• Applicants must provide supporting documents such as a valid passport, proof of relationship, and, where applicable, evidence of financial dependency.

Retained Right of Residence

If you previously had a right to reside in the UK but your circumstances have changed, you may still be eligible under the EUSS under ‘retained right of residence.’ This applies if:

• Your family member who was eligible under the EUSS has died.
• You or your child are in education in the UK, and the eligible person has died or left the country.
• Your relationship ended due to divorce or domestic violence.

Our experienced immigration solicitors can assist with applications for the EU Settlement Scheme family permit.

Understanding Pre-Settled and Settled Status

Pre-Settled Status

If you have not yet completed five years of continuous residence, you can apply for pre-settled status, which is valid for five years. After this period, you must apply for settled status to continue residing in the UK.

Eligible family members include:

• Spouses, civil partners, or durable partners.
• Dependent children (under 21) or adult dependent children.
• Dependent parents or other relatives.
• Irish Nationals
• Irish citizens are not required to apply under the EUSS, but non-Irish family members without UK immigration status must apply for pre-settled status.

Spouses of Swiss Nationals

Spouses or civil partners of Swiss nationals may apply for pre-settled status if their relationship was formed before 1 January 2026.

Settled Status

If you have completed five years of continuous residence in the UK, you can apply for settled status under the EUSS. This allows you to remain in the UK indefinitely and, in time, apply for British citizenship.