The EU Settlement Scheme - What is it?

The EU Settlement Scheme is a new immigration status for EU citizens currently living in the UK. The same rules apply for citizens of Iceland, Lichtenstein, Norway and Switzerland. Those who arrive to the UK before 31 December 2020 will also be able to apply to the scheme.

If your application is successful, you’ll get either settled or pre-settled status and you’ll be able to continue living and working in the UK after 30 June 2021.

You will not be asked to choose which you’re applying for. Which status you get depends on how long you’ve been living in the UK when you apply. Your rights will be different depending on which status you get.

You’ll usually get settled status if you’ve:

• started living in the UK by 31 December 2020
• lived in the UK for a continuous 5-year period (known as ‘continuous residence’)

If you do not have 5 years’ continuous residence when you apply, you’ll usually get pre-settled status. You must have started living in the UK by 31 December 2020. You can then apply to change this to settled status once you’ve got 5 years’ continuous residence. You must do this before your pre-settled status expires.

(“Continuous residence” – 5 years in the UK for at least 6 months in any 12 month period)

Settled Status is meant to secure various rights of EU citizens in the UK, including right to reside, right to work, to access public services, and others. You may read more about this in Your rights tab.

You can download our PDF guide on applying for Settled Status by clicking Guide to Settled Status.

If you need further support, visit the Support & Resources tab.

All EU/EEA/Swiss nationals and their non-EEA family members who arrived in the UK before 31 December 2020 and wish to continue living and working in the UK after 30 June 2021 must apply to the EU Settlement Scheme. This includes EU citizens married to a British citizen, children (unless they have a British passport), people with a Permanent Residency Card.

The only exceptions are Irish citizens (as Ireland has different agreements with the UK) and those with Indefinite Leave to Remain, who can apply if they want to but are not required to do so.

Also, close family members of people with Settled Status who join them after the Transition Period can apply for pre-Settled (and then Settled Status) but must do it within 3 months from the arrival date.

The EU Settlement Scheme for EU citizens who wish to apply is already open. The dealine for applying is 30 June 2021.

Parents can apply for children under 21 if they are EU/EEA/Swiss citizens, or if the parent or spouse/civil partner is an EU/EEA/Swiss citizen.

After the identity check you will be asked if you want to make a separate application or link it with the parent’s application. In order to link the child’s application, you have to provide the parent’s name, the reference number of the parent’s application and a proof of relationship (i.e. birth certificate). The child will then receive the same status as the parent.

Pre-Settled status will be granted for five years from the approval date of the application. An applicant will lose their Pre-Settled Status if they spend more than two consecutive years outside of the UK.

Settled status will only be lost if the individual is absent from the UK for any reason for a period of five consecutive years (4 consecutive years for Swiss Nationals). Subsequent criminal offending can also lead to revocation of status.

After you submit your EU Settlement Scheme application, the decision on whether you have been granted “Settled” or “Pre-settled Status” or if your application has been rejected, will come to your e-mail inbox.

If you are not happy with the decision, you’ll be told in your letter if you can apply for the decision on your application under the EU Settlement Scheme to be reviewed. This is called an administrative review. If you are unhappy with the decision and the letter tells you cannot ask for the review, you either need to accept the decision or seek other legal means to challenge the decision; you may consider consulting a legal expert on this.

Administrative review

The information below on how to pursuit the “administrative review” if you are unhappy with the decision, is taken from the UK government website:

You can apply for an administrative review from inside the UK.

You can apply for an administrative review if either:

• your application was refused on eligibility grounds
• you were granted pre-settled status but think you qualify for settled status

You can also make a new application under the EU Settlement Scheme at any point, for example if you want to move from pre-settled status to settled status. This application will be free.

To apply, you must make your application for administrative review within 28 days of the date on your decision emaill.

You’ll need to complete the administrative review application form.

You must use a separate form for each person applying for a review, whether they’re a child or an adult.

It costs £80 per person to apply for an administrative review.

People with settled or pre-settled status can view their immigration status online. There is no physical evidence of the status and it can be accessed only through the digital profile available through the website below:

https://www.gov.uk/view-prove-immigration-status

To log in on your digital profile you will have to provide your identity document number (the one that was used in your application), date of birth, and access code sent to your phone or email.

Using this service, you can:

• get a ‘share code’ to prove your status to others, for example, employers or landlords
• update your personal details, for example, your passport number or email address
• check what rights you have in the UK, for example, the right to work, rent or claim benefits

To learn how to prove your status to others using a ‘share code’ please watch our video:

To learn how to update your new passport on your digital profile please watch our video:

It is very important to keep all your details updated on your digital profile! Details like phone number, email address, and identity document number are used for logging into your profile, and if they are not valid, you might have problems with accessing your profile.

The procedures described above apply to EU citizens who arrive to the UK before the Brexit date and during the transition period, an 11-month period that keeps the UK bound to the EU’s rules. During this period, the UK will remain in both the EU customs union and single market. That means that most things will stay the same. This includes:

• Travelling to and from the EU (including the rules around driving licences and pet passports)
• Freedom of movement (the right to live and work in the EU and vice versa)
• UK-EU trade, which will continue without any extra charges or checks being introduced

The transition, or implementation period, is due to last until 31 December 2020.

Those who arrive to the UK after this date will probably be treated differently. You may wish to consult UK government “The UK’s point-based immigration system: policy statements”

Family members of EU/EEA/Swiss citizens coming to the UK from January 2021:

1. EU, EEA, and Swiss citizens can travel to the UK for holidays or short trips for up to 6 months without a visa. You can cross the UK border using a valid passport which should be valid for the whole time you are in the UK.

Until the 1^st of October 2021, you can also use your EU, EEA, Swiss national ID to enter the UK.

You can continue to use your national ID card to enter the UK until at least 31 December 2025 if you:

– have settled or pre-settled status under the EU Settlement Scheme

– have an EU Settlement Scheme family permit

– have a frontier worker permit

– are an S2 Healthcare Visitor

– are a Swiss Service Provider

https://www.gov.uk/guidance/visiting-the-uk-as-an-eu-eea-or-swiss-citizen

If you’re a non-EEA family member of an EU, EEA or Swiss citizen

You need a valid national passport, and one of the following:

– an EU Settlement Scheme family permit

– a UK-issued EEA family permit (see below)

– a UK-issued biometric residence card

2. You can join your EU, EEA or Swiss citizen family member if they started living in the UK by 31 December 2020. They need to apply for settled/pre-settled status too.

The EU, EEA or Swiss nationals can apply to the EU Settlement Scheme from outside the UK if they hold a biometric document (either a valid passport or identity card)

Non-EU nationals can apply to the EU Settlement Scheme from outside the UK if you hold relevant UK document, for example:

-a residence card

-a permanent residence card

-a derivative residence card

Otherwise, you will need to apply for an EU Settlement Scheme family permit to come to the UK. Once you’re in the UK you can apply to the EU Settlement Scheme.

If you arrive in the UK on or after 1 April 2021, you must apply to the EU Settlement Scheme within 3 months of the date you arrive in the UK.

You can apply if you’re a family member of an Irish citizen, even though they do not need to.

3. Eligible close family members* who would like to join their EU, EEA or Swiss family members in the UK for more than 6 months and do not have a biometric document need to apply for an EU Settlement Scheme Family Permit.

https://www.gov.uk/family-permit/eu-settlement-scheme-family-permit

* Eligible family members are:

– spouse, civil partner, unmarried partner,

– children, grandchildren under 21 years old

– dependant children or grandchildren of any age

– dependant parent or grandparent

(Please note that your family relationship must have started by 31 December 2020)

Documents you must provide:

– a valid passport or a national ID

– evidence of your relationship to your EEA family member, for example, a marriage certificate, civil partnership certificate or birth certificate

If the EU, EEA or Swiss citizen family member you are joining has settled/pre-settled status you must provide their application number.

If they have not applied to the EU Settlement Scheme you must provide both:

– their valid EU, EEA or Swiss passport or national identity card

– evidence that they would be eligible for the EU Settlement Scheme if they had applied

You’ll have to show that they meet the other eligibility criteria for the EUSS even if they cannot apply – for example, if they have British as well as EU, EEA or Swiss citizenship.

• Settled Status is not equivalent to UK citizenship or a British passport
• If you have Settled Status you can apply for UK citizenship, 12 months after the day when you get the Settled Status (or immediately if married to a UK citizen). You must also meet the other requirements for citizenship
• Children born in the UK are not automatically British. They can apply for citizenship  if one of the parents is British or if one of the parents have Indefinite Leave to Remain, Permanent Residence or Settled Status (Children born in UK to those with pre-settled status will automatically be eligible for pre-settled status)
• UK allows ‘dual nationality’– some EU states don’t – please check with your embassy or consulate what is the policy of your country

For further information about British citizenship, visit this page.