Many EU students — including EEA and Swiss nationals and their family members — who began studying in the UK before 31 December 2020 and who are now in Scotland under a different type of immigration status, such as a student visa, may still have rights under the EU Settlement Scheme. This applies even if they experienced long absences, the COVID‑19 pandemic, or unclear immigration advice. Many were affected by online learning, unexpected time abroad, or being told to apply for a student visa, and some now worry that these absences might affect their eligibility for settled status.
The good news: you may still qualify, and we’re here to help.
In this post, we share real-life examples of EU students and their family members who overcame challenges and successfully applied under the EU Settlement Scheme – even after the deadline had passed.
EU Settlement Scheme and Students
Since the UK’s departure from the European Union, EU, EEA, and Swiss nationals and their family members who were living in the UK before the end of the Brexit transition period (31 December 2020) must secure their immigration status via the EU Settlement Scheme to continue living, working, and studying in the UK.
This includes many students whose studies overlapped with the pandemic and post-Brexit policy shifts.
To qualify under the EU Settlement Scheme, applicants must generally have been residing in the UK by 31 December 2020.
The Home Office may consider late applications if there are valid and compelling reasons for the delay.
For more information, see our own page explaining the EU Settlement Scheme application process and read our blog post on eligibility to submit a late application.
Does this apply to me?
You may relate to one of the following situations:
- You began your studies before the end of 2020 but had to apply for a student visa.
- You were outside the UK during 2020–2021 due to online learning.
- Your partner was studying in the UK, and you lived with or followed them abroad.
- You hold pre-settled status but are unsure if your absences may prevent you from applying for settled status.
If any of these apply to you, don’t assume it’s too late.
With the right evidence and support, it may still be possible to apply.
What Does “Studying in the UK” Mean?
To be eligible under the EU Settlement Scheme, you must have been physically residing in the UK by 31 December 2020.
Even if you later left the UK temporarily, you may still qualify depending on your circumstances and the length and reasons for your absences.
However, it’s important to note that if you intended to move to the UK to begin your studies before 31 December 2020, but were unable to travel due to the pandemic, you would not qualify, because you were not physically present in the UK.
Real Cases from our Clients
These real-life examples show how individual situations, some of them very complex, can still lead to a successful application under the EU Settlement Scheme.
Case Study 1 – Late application
This case involved a university student who arrived and lived in the UK before 31 December 2020.
They were absent from the UK for 2 years and 3 months due to severe health issues and the COVID-19 pandemic. The client had to be repatriated to their home country at the end of 2019 for medical treatment.
In 2021, while still recovering and preparing to return to the UK to resume their studies, the client received incorrect immigration advice from their university’s student services, who told them they were not eligible to apply to the EU Settlement Scheme. (They have an email as proof of this incorrect advice, which was included in their application along with other supporting documents.)
To continue their studies, they applied for a student visa—an unnecessary and costly step.
When renewing their student visa in 2023, a visa officer informed them that they may still be eligible to get an immigration status under the EU Settlement Scheme.
The client contacted us on 5 October 2023. From that date, we supported them in gathering evidence and preparing the application.
After submitting a detailed and well-documented application, the Home Office requested additional evidence on two occasions. Despite having submitted clear proof of the incorrect advice, this evidence was initially overlooked, and we had to draw attention to it explicitly.
We also referred the case to the EUSS Vulnerability Team due to the client’s severe health challenges and the impact of the misinformation she received.
After nearly a year of continuous work with the client, they were granted Settled Status on 6 September 2024.
This case demonstrates how misinformation, such as from trusted institutions, can delay access to rights, and why documenting lived experience matters.
Case Study 2 – Pre-settled to Settled Status Application
This case involved a university student who applied to upgrade from Pre-settled to Settled Status, despite having long absences from the UK.
The student had been residing in the UK since September 2018, when they began a five-year MA at the University of Aberdeen. They were granted Pre-settled Status in January 2020.
In March 2020, the university closed for in-person teaching due to the pandemic, and students were advised to continue their studies online. In response, the client returned to her home country. They remained abroad afterward to participate in a student exchange.
In 2022, they returned to the UK to resume their studies.
From June 2023 to June 2024, the client frequently travelled for work but maintained the UK as their main residence.
We supported them in gathering evidence of her UK residence and presenting their case in a way that demonstrated to the Home Office that their absences were due to “important reasons,” thus preserving their eligibility for Settled Status.
They were granted Settled Status in the summer of 2025.
This case reflects the reality faced by many students whose academic pathways did not align neatly with immigration rules, reminding us that personal context matters.
Case Study 3 – Family Member of a University Student
The client arrived in the UK in October 2018 to live with their partner, who was a university student and researcher at the time.
In September 2019, they left the UK to accompany their partner, who had been granted a research placement in another country.
In March 2020, due to the COVID-19 pandemic, their partner’s research was moved online, and they were advised to return to their home country to continue remotely. The client followed their partner. While abroad, the client found employment in their home country, and the couple remained outside the UK until July 2021.
Since July 2021, the client has been residing continuously in the UK.
We assisted them in collecting the necessary documentation and presenting their case clearly and positively to the Home Office. As a result, the client was granted Settled Status in the UK.
This case demonstrates the extent to which family members of students were also affected by academic and pandemic-related mobility and why their stories must also be included.
By documenting and sharing the above cases, we aim to contribute to a more service-user based collective understanding that supports others to access, assert, and utilise their rights.
How has Brexit Affected EU Students in Higher Education?
Migration data shows a significant fall in EU student enrolment since Brexit:
Before Brexit, EU citizens composed about 25 % of new international students in UK higher education. By 2023/24, that figure dropped to around 6.6 % — a steep decline that particularly impacts students from countries such as Romania and Poland.
This decline has wider cultural and financial implications for universities and students alike, with some regions reporting an 80% drop in EU student acceptances.
Although the UK government has now agreed to rejoin the EU’s Erasmus+ student exchange programme in 2027, being a positive development for future mobility, it does not retroactively change the rights of students affected during the earlier post-Brexit years.
Why Sharing Real Lived Experiences Matters
Immigration policy is complex and evolving. Many students only understand the significance of rules around absences, “important reasons”, and evidence after hearing others’ stories and relating it to their own.
Sharing lived experience helps people by:
- Recognising structural barriers such as pandemic disruption and mis-advice from misinformed sources
- Understanding what evidence matters in practice
- Challenging assumptions that they are “too late” or “ineligible”
The Independent Monitoring Authority‘s findings confirm that confusion about rights undermines trust in public bodies and prevents people from accessing protections they are legally entitled to. Real stories bridge the gap between policy and lived reality, and so, abstract rights are turned into narratives people can actually use.
Get Help
If you are an EU citizen currently studying in Scotland, or a close family member of an EU citizen studying in Scotland, and you recognise your circumstances in the situations described above, please do not hesitate to contact us.
📩 Write to us at immigration@citizensrightsproject.org
Our team will assess your case, explain your options, and support you through the application process if we determine you can apply to the EU Settlement Scheme.
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