EU Settlement Scheme

  • Overview
  • Eligibility Criteria
  • Pre-settled and Settled Status
  • Protecting Your Rights Before and After Application
  • How to Apply
  • Family Members
  • Costs and Fees
  • Key Rights with Settled and Pre-settled Status
  • Contact and Assistance
  • FAQs

Overview

If you are a national of the EU, Switzerland, Norway, Iceland, or Liechtenstein, or a family member of someone from these countries or a qualified Northern Ireland national, you may be eligible for the EU Settlement Scheme. This scheme allows you to continue living in the UK following Brexit.

While the general deadline to apply was 30 June 2021, there are several exceptions and extended deadlines for those joining family members after 31 December 2020 or those with valid pre-settled status. The scheme differentiates between settled and pre-settled status, based on the length of your residence in the UK.

Eligibility Criteria

To qualify for the EU Settlement Scheme, you must meet certain criteria. Below are the basic requirements for eligibility:

General Eligibility:

  1. Family relationship by 31 December 2020: If you’re joining a family member, they must have lived in the UK by 31 December 2020. The family relationship must have existed on or before that date (exceptions apply to children born/adopted after this date).
  2. Residency status: Your family member must have pre-settled or settled status, or be an eligible Northern Ireland national.
  3. Special Conditions: You can still apply if you:
    • Are from Ireland.
    • Have indefinite leave to enter/remain.
    • Are a family member of someone with settled/pre-settled status.

Key Points for Different Deadlines:

If you are joining a family member after 31 December 2020, your deadline for applying is linked to your date of entry to the UK. The following table shows the timelines based on your circumstance:

Circumstance Application Deadline
Joined family on/after 1 April 2021 Within 90 days of entry
Child born/adopted after 31 December 2020 Within 90 days of birth/adoption

Pre-settled and Settled Status

If your application is successful, you’ll receive either pre-settled status (if you have less than five years of continuous residence) or settled status (if you’ve lived in the UK for five continuous years).

Pre-settled Status:

  • This is typically granted to those who have lived in the UK for less than five years. You must apply for settled status before your pre-settled status expires.
  • Pre-settled status will be extended by two years if you don’t switch to settled status before it expires.

Settled Status:

  • This allows you to remain in the UK permanently. After holding settled status for 12 months, you can usually apply for British citizenship.

Key Considerations:

  • If you fail to switch from pre-settled to settled status before expiry, the Home Office will automatically extend pre-settled status by two years unless certain conditions disqualify you, such as extensive periods spent outside the UK.

Protecting Your Rights Before and After Application

If you have applied and are awaiting a decision, you will receive a certificate of application. This document will allow you to exercise your rights, including working, renting property, accessing benefits, and using the NHS.

However, without applying to the EU Settlement Scheme, your rights in the UK are not protected, meaning you may lose access to:

  • Benefits and public services, including NHS healthcare.
  • Work or study in the UK.
  • Rent properties in England.

Key Documentation:

To maintain and protect your rights during the process, your certificate of application will serve as temporary proof. This protection will last until a decision is reached on your application.

How to Apply

You can apply for the EU Settlement Scheme online, using any device such as a laptop, smartphone, or tablet. If you already hold pre-settled status and are ready to switch to settled status, you will need to submit a fresh application.

Process for Applying:

  • Use the ‘EU Exit: ID Document Check’ app to scan your passport or national ID card.
  • Submit your documents online or via post if you are unable to use the app.

You will be informed if additional biometric information (fingerprints or photographs) is required for the application.

Evidence of Continuous Residence:

  • Provide your National Insurance number to allow automatic residence checks via tax/benefit records.
  • If you arrived after 31 December 2020, you may need additional documents to prove residence.

Family Members

Family members can apply to the EU Settlement Scheme provided their family relationship existed before 31 December 2020 and still exists at the time of application. Eligible family members include:

  • Spouses, civil partners, and unmarried partners.
  • Children, grandchildren, or great-grandchildren under 21 years old.
  • Dependent parents, grandparents, or great-grandparents.

There are different rules for family members joining from Switzerland, as well as those of an eligible Northern Ireland national.

If you are a Swiss national, your spouse or civil partner has until 31 December 2025 to apply for the scheme.

Special Considerations for Family Members:

If a family member passed away, or if you are a victim of domestic abuse, you may be eligible for retained right of residence or a quicker path to settled status.

Costs and Fees

There is no charge to apply for the EU Settlement Scheme. It remains free for all eligible applicants, including those switching from pre-settled to settled status.

Key Rights with Settled and Pre-settled Status

Both statuses provide significant rights, including:

  • Work in the UK.
  • Access to public services, including healthcare and education.
  • Travel in and out of the UK.
  • Ability to bring family members to the UK under certain conditions.

With settled status, you gain the additional right to apply for British citizenship after one year.

Contact and Assistance

For expert guidance on the EU Settlement Scheme, contact Shams BritVisa Lawyers Ltd:

  • Phone: 0330 133 885
  • Email: info@shamsbvlawyers.com
  • Location: Manchester, UK

We specialize in assisting with sponsor licenses, immigration queries, and all aspects of the EU Settlement Scheme.

FAQs

What happens if I missed the application deadline?

You may still apply if you have reasonable grounds for the delay. Be prepared to provide evidence supporting your situation.

You can appeal the decision, or if needed, submit a fresh application with stronger evidence of eligibility.

Yes, each child needs to submit an application. Their status will usually match yours if you apply first.

It’s completely free to apply for the EU Settlement Scheme, including switching from pre-settled to settled status.