The EU Settlement Scheme - What is it?

In 2019, the Home Office launched The European Union Settlement Scheme to register EU/EEA/Swiss citizens residing in the United Kingdom prior to its departure from the European Union. If you are an EU, EEA or Swiss citizen, you and your family have to apply to the EU Settlement Scheme to continue living lawfully in the United Kingdom after 30 June 2021. If your application is successful, you will be issued with settled or pre-settled status. Remember that there is no printed version of your status, which can only be accessed digitally. Read the sections and the Frequently Asked Questions below to learn more about this new immigration system, as well as who needs to apply and how.

The EU Settlement Scheme is a new immigration status for EU citizens who arrived in the UK before 31 December 2020. The same rules apply for citizens of Iceland, Lichtenstein, Norway and Switzerland.

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 deadline for applying is 30 June 2021.

Those who are eligible to apply for settled or pre-settled status can do it even after the deadline if they have reasonable grounds to do so.

Those who are eligible to apply to the EU Settlement Scheme can still apply for settled or pre-settled status even after the deadline of 30th June 2021. Late applications, however, are discretionary. This means that applicants must explain and prove why they were unable to apply before the deadline. The Home Office caseworker will then assess if the applicant falls under one of the categories of reasonable grounds to make a late application, and decide whether to accept this application or not.

The non-exhaustive list of reasonable grounds for late application stated in the caseworker guidance includes:

  • Children (including children in care or care leavers)
  • Physical or mental capacity and/or care or support needs
  • Serious medical condition or significant medical treatment
  • Victim of modern slavery
  • Abusive or controlling relationship or situation
  • Other compelling practical or compassionate reasons
  • Ceasing to be exempt from immigration control
  • Existing limited or indefinite leave to enter or remain
  • Document or status under the EEA Regulations

 

Late applications can still be submitted using the EU Exit: ID Document Check app or online, in the Government website, if the applicant has a valid ID. If not, they have to request a paper application form. There will be an additional question in the late application form asking about the reason for applying late.

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.

If you want to move to the UK after 31.12.2020 but you are not eligible for the EU Settlement Scheme, you must apply for a visa under the new Points-Based Immigration System.

Visa application must be submitted from outside the UK, so you cannot move to the UK before you receive your visa!

As part of your application, you will need to verify your identity. Most people will be able to do this using a smartphone, through the ‘UK Immigration: ID Check’ app, as part of the online application. Those who cannot use the ‘UK Immigration: ID Check’ app will need to attend a Visa Application Centre. [Please note that this is a different app from the EU Exit: ID Document Check app used for the EUSS applications].

You will need to pay an application fee and, if you are coming to the UK for more than 6 months, you may have to pay the Immigration Health Surcharge, which will enable you to access the UK’s National Health Service (NHS).

 

Skilled Worker visa

To be eligible for this visa, you must demonstrate:

  • you have a job offer from a Home Office-licensed sponsor at the required skill level
  • you will be paid the relevant minimum salary threshold by your sponsor (normally £26,500 or the going rate for their particular job, whichever is higher)
  • you can speak English at the intermediate level at B1 (on the Common European Framework of Reference for languages)

Skilled Work: Health and Care visa

If you work in an eligible health occupation and have a job offer from the NHS, social care sector or employers and organisations which provide services to the NHS, are able to speak English and meet the requirements of the Skilled Worker route, you can apply for the Health and Care visa to come to the UK with your family.

There is fast-track entry, with reduced application fees and dedicated support through the application process. If you’re eligible to apply for the Health and Care visa, you will also be exempt from having to pay the Immigration Health Surcharge. Frontline workers in the health and social care sector who are not eligible to apply for the Health and Care visa will have to pay the Immigration Health Surcharge and could benefit from a reimbursement scheme where they will be repaid.

 

Global Talent

The Global Talent visa allows the most highly skilled to come to the UK without a job offer. This visa caters for recognised global leaders, and the leaders of tomorrow in science, humanities, engineering, the arts (including film, fashion design and architecture) and digital technology, with individuals’ unique skills enriching the UK’s knowledge, economy and society. Top scientists and researchers benefit from a quicker endorsement process as part of a fast track STEM scheme.

 

Alternative work visa routes and specialist occupations

There are a range of other visa routes available for working in the UK, such as the Start-up and Innovator visas. There are also visa routes for further specialist occupations, including ministers of religion, sportspeople and creatives.

 

Student visa

To be eligible for the Student visa, you will need to demonstrate:

  • you have been offered a place on a course by a Home Office-licensed Student sponsor
  • you can speak, read, write and understand English
  • you have enough money to support yourself and pay for your course
  • you genuinely intend to study in the UK

There is a separate Child Student visa for child students aged between 4 to 17 years old who wish to study at an independent school.

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 1st 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

 

  1. 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.

 

  1. 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.

The information on this website is intended for guidance only. It is based upon our understanding of current proposals and is correct at the time of going online. No liability is accepted by Citizens’ Rights Project for actions taken in reliance upon the information given, and it is recommended that appropriate professional advice should be taken.

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