EU Settlement Scheme:
Everything you need to know after 30 June 2021

Woodcock Law has compiled important information from the Home Office to aid you with the late application process for the EU Settlement Scheme in this comprehensive guide. 

EU Settlement Scheme

What is the EU Settlement Scheme?

The EU Settlement Scheme is for EU, EEA or Swiss citizens and their qualifying family members to continue living in the UK after Brexit. 

The deadline for applying to the EU Settlement Scheme was 30 June 2021. However, you may still be able to make a late application for this scheme.  You must also meet one of the criteria for later application deadlines or have ‘reasonable grounds’ for not applying by 30 June 2021. 

Those who already have pre-settled status and are applying for settled status may also apply.

What is pre-settled status?

Pre-settled status refers to, “the immigration status given to EU, EEA or Swiss citizens and their non-European family members who have not yet lived in the UK for a continuous 5-year period at any point in the past.”

Youth Mobility Scheme ballot system

What if I already have pre-settled status?

If you applied to the EUSS and were granted pre-settled status, you must apply for settled status before it expires. Settled status allows you to stay in the UK for as long as you like, and you can apply for British citizenship after having settled status for 12 months.

Can I stay in the UK without applying to the EU Settlement Scheme?

Yes, you do not need to apply if one of the following applies to you:

What are the criteria for later deadlines and ‘reasonable grounds’ for not applying by the deadline?

Who has a later deadline
The deadline of 30 June 2021 does not apply to those of the following:

  • “The family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living here by 31 December 2020, and you join them in the UK on or after 1 April 2021
  • Applying for your child, who was born or adopted in the UK on or after 1 April 2021
  • The family member of an eligible person of Northern Ireland, but they could not move back to the UK by 31 December 2020 without you – you must be from outside the EU, Switzerland, Norway, Iceland or Liechtenstein
  • Exempt from immigration control, or you stopped being exempt from immigration control after 30 June 2021
  • Here with limited leave to enter or remain in the UK (for example, if you’re here on a work or study visa) which expires after 30 June 2021
  • A family member of a British citizen who you lived with in the EU, Switzerland, Norway, Iceland or Liechtenstein – you must have lived with them in that country by 30 December 2020 and returned to the UK with them.”~

     

When you need to apply by

CIRCUMSTANCE

DEADLINE

Applying as a family member to join someone in the UK

90 days from when you arrive in the UK if you joined them in the UK on or after 1 April 2021* 

Applying for your child who was born or adopted in the UK on or after 1 April 2021*

90 days from when they were born or adopted

You’re the family member of an eligible person of Northern Ireland, and they couldn’t move back to the UK without you by 31 December 2020

90 days from when you arrive in the UK

Exempt from immigration control**

You do not need to apply, but if you choose to, you can apply at any time

Stopped being exempt from immigration control**

90 days

Have limited leave to enter or remain in the UK which expires after 30 June 2021

Before your leave expires

Applying as a family member of a British citizen who lived with in the EU, Switzerland or EEA

By 29 March 2022


* The deadline was 30 June 2021 before that date.
** Click here for further information regarding immigration control and how to prove it

What to do if you did not apply by the deadline

If you can show ‘reasonable grounds’ for why you did not apply by the deadline, you can still apply to the EUSS.

Who is eligible for the EU Settlement Scheme?

To be eligible, you must meet one of the following criteria:

  • “You’re from the EU, Switzerland, Norway, Iceland or Liechtenstein [EEA countries] and you started living in the UK by 31 December 2020
  • You’re the family member of someone from the EU, Switzerland or an EEA country who started living in the UK by 31 December 2020
  • You used to have a family member from the EU, Switzerland or an EEA country who started living in the UK by 31 December 2020 (but you’ve separated, they’ve died or the family relationship has broken down)
  • You’re the family member of a British citizen who you lived with in the EU, Switzerland or an EEA country – you must have lived with them in that country by 31 December 2020 and returned to the UK with them before you apply
  • You’re the family member of a British citizen who also is a citizen of an EU, Switzerland or an EEA country, and they lived in the UK as a citizen of one of these countries before getting British citizenship
  • You have a family member who is an eligible person of Northern Ireland
  • You’re the child of someone from the EU, Switzerland or an EEA country who used to live and work in the UK – you must be in education in the UK
  • You’re the family member of a person who is exempt from immigration control
  • You’re the family member of a ‘frontier worker’.”


You can also
apply with your child if you are the primary carer of:

  • “A British citizen
  • A child of someone from the EU, Switzerland or an EEA country who used to live and work in the UK (the child must be in education in the UK)
  • A self-sufficient child from the EU, Switzerland or an EEA country”

What are the ‘reasonable grounds’ for not applying?

There are various ‘reasonable grounds’ for not applying by 30 June 2021 or the deadline determined by your circumstances. This guide lists examples of ‘reasonable grounds’. Here are a few:

  • You are a child and did not know you needed to apply
  • You have been a victim of modern slavery
  • Coronavirus (COVID-19) restrictions made it difficult to access application support


In all circumstances, applicants need to
provide evidence to support the reason(s) you give for missing the deadline.

What happens after I apply to the EU Settlement Scheme?

The Home Office found a mistake on my application

You will be contacted by the Home Office to correct the error before they decide your application. They will also let you know if you need to provide more evidence.

I have an outstanding immigration application

In most circumstances, outstanding immigration applications will not be considered if you apply to the EUSS. You will be refunded for your outstanding application. Please contact UK Visas and Immigration (UKVI) for more information.

I am not successful

If you believe there has been a mistake with the decision, applicants may be able to apply for an administrative review. This will cost £80 and the result will be given within 28 days. You will be refunded the cost if the original decision is changed due to an error. However, if your decision is changed due to the submission of new evidence, you will not get your money back.

Appeals can also be made to an independent tribunal if the application was made after 11pm on 31 January 2020.

I am successful

If successful, you will receive a letter via email confirming that you have been given one of the following statuses:

1. Settled status – usually if you’ve had ‘continuous residence’ in the UK for a continuous 5-year period
2. Pre-settled status

Once the decision has been made, your documents will be returned to you. Expect to receive them within 6 to 8 weeks. Please note that you cannot use this letter to prove your status.

You must keep your UK Visas and Immigration account details up to date when your details change, such as your UK address.

Status

The status you receive depends on how long you’ve been living in the UK at the time of your application. There are some circumstances where applicants may be given settled status even though they have not lived in the UK for a continuous 5-year period. Refer to this guide if you have stopped working in the UK or started working in an EU country.

Can I switch from pre-settled to settled status?

You can switch to settled status as soon as you have had 5 years’ continuous residence, or if eligible, before 5 years. This 5-year period is counted from the day you started continuous residence, not from when you were granted pre-settled status.

Settled status must be applied for before your pre-settled status expires to stay in the UK.

How is my continuous residence worked out?

A five years’ continuous residence means, “for 5 years in a row you have been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12-month period.” 

You will need to prove that you – or your family member from the EU, Switzerland or an EEA country – were living in the UK by 31 December 2020. There are also some absences of more than 6 months in a 12-month period that will not count as a break in your continuous residence
Please also check
the guidance to see if your continuous residence has been affected by COVID-19.

 

How do I view or prove my status?

You can view or prove your immigration status to someone online here. You will usually not receive a physical document. Further guidance regarding physical documents, biometric residence cards and travel to the EU, Switzerland and EEA countries – Norway, Iceland or Liechtenstein – can be found here.

What are my rights when I have settled or pre-settled status?

Your status under the EU Settlement Scheme proves your rights to the UK only. Those with settled or pre-settled status can:

  • Work in the UK
  • Use the NHS for free, if you can at the moment
  • Enrol in education or study in the UK
  • If eligible for them, access public funds such as benefits and pensions
  • Travel in and out of the UK
 

STAY TIME

IF YOU WANT TO SPEND TIME OUTSIDE THE UK

IF YOU HAVE CHILDREN AFTER APPLYING

SETTLED

You can stay in the UK for as long as you like. If you’re eligible, you may also apply for British citizenship.

You can spend up to 5 years in a row outside the UK, the Channel Islands or the Isle of Man without losing your status.

Swiss citizens: you and your family members can spend up to 4 years in a row outside the UK, the Channel Islands or the Isle of Man without losing your settled status. Your family members do not have to be Swiss citizens.

Any children born in the UK while you’re living in the UK will automatically be British citizens

PRE-SETTLED

You can stay in the UK for a further 5 years from the date you get pre-settled status.

You can spend up to 2 years in a row outside the UK, the Channel Islands or the Isle of Man without losing your status. You will need to maintain your continuous residence if you want to qualify for settled status.

Any children born in the UK will be eligible for pre-settled status. They will only be a British citizen if they qualify for it through their other parent.

I want family members to join or remain with me in the UK
This is possible. Please read the government guidance for your circumstance. The family members must make the application themselves, if they meet the requirements to apply.

Contact us for our expert legal advice

If you have any questions or want more information about the EU Settlement Scheme, do not hesitate to contact Woodcock Law & Notary Public. We will be happy to assist you with your UK and EU immigration needs.

Contact us via phone on 0800 049 2471 or email us at info@woodcocklaw.co.uk.

Watch our related video content for more on this topic

CONTACT US FOR OUR EXPERT ADVICE

Woodcock Law is well placed and highly experienced in providing advice and assistance on making an application under the EU Settlement Scheme. We can assist you in making the online application and help to ensure your application is processed efficiently without unnecessary delays. 

We also have a consultancy helpline service for our clients so that they can get what they need to do done quickly or delegate this to Woodcock Law.

The information contained on this page is sourced from UK Visas and Immigration and is subject to change. While Woodcock Law Limited makes every effort to keep this information current, prices and information cannot be guaranteed and should always be checked on www.gov.uk.

LEGAL

Woodcock Law & Notary Public is the combined trading name of Woodcock Law Limited (Co. No: 12080697) and Woodcock Notary Public Limited (Co. No: 12085976). Woodcock Law Limited is authorised and regulated by the Solicitors Regulation Authority (registration number 664924). Woodcock Notary Public Limited is regulated through the Faculty Office of the Archbishop of Canterbury for work undertaken by Mr Nathan Woodcock as a Notary Public. Woodcock Law Limited is a member of Immigration Law Practitioners’ Association. (Membership Number: 7980).

Terms of Use | Privacy Policy | Disclaimer
Designed by Woodcock Marketing | Copyright 2022 | Woodcock Law & Notary Public | All Rights Reserved