What the EU Settlement Scheme is
The EU Settlement Scheme, or EUSS, lets citizens of EU countries, Switzerland, Norway, Iceland and Liechtenstein, and their family members, stay in the UK after Brexit. It is free to apply. The deadline for most people to apply was 30 June 2021, but there are important exceptions, in particular for people converting pre-settled status to settled status, for certain family members who joined later, and for people with reasonable grounds for a late application.
The two kinds of status
| Settled status | Pre-settled status | |
|---|---|---|
| Who gets it | People who have lived in the UK for five years in a row | People with less than five years’ continuous residence |
| How long it lasts | Indefinitely, if you do not spend too long outside the UK | Five years, and it is automatically extended by five years before it expires |
| Next step | You may apply for British citizenship, usually after a further 12 months | Convert to settled status when you reach five years in a row |
Pre-settled status holders must make sure they convert it, or risk losing the rights it carries. Pre-settled status extends automatically for five years before it ends, and may also convert to settled status automatically, but you should not rely on that. Check your online account and apply when you are eligible.
What your status lets you do
With settled or pre-settled status you can work, study, use the NHS, rent a home and claim benefits to which you are entitled. You prove your status online, with a share code, rather than with a physical document. See eVisas and share codes. If you applied and are waiting for a decision, your rights are protected from when you receive a certificate of application until you get the decision, or until an appeal is decided.
Family members
A family member who joined an eligible person, and whose sponsor was in the UK by 31 December 2020, may apply under the scheme, with deadlines that depend on the date they arrived after 2020. Joining family members have automatic protection for 90 days from arrival. Family members who are not EU citizens usually apply as the family member of an EU citizen, and the relationship evidence is central to the application.
Late applications
If you missed the deadline you may still be able to apply if you have reasonable grounds for the delay. Examples include a lack of knowledge of the scheme, a mental or physical health problem, being a child whose parent did not apply, being a victim of abuse or modern slavery, or practical problems such as a lack of access to the internet. A refusal of a late application can be challenged. Do not wait: living in the UK without status can lead to difficulty with work, housing and healthcare.
Leaving the UK
Time outside the UK can affect your status. Settled status lapses if you are away from the UK for more than five years in a row, or four years for some Swiss citizens and some others. Pre-settled status requires continuous residence to reach settled status, so long absences need careful planning.
If you are refused
Decisions under the EU Settlement Scheme carry a right of appeal to the First-tier Tribunal. The deadline is short. See immigration appeals. We can also help you where there is an error on your record or where you need to update your details.
How we help
We advise on whether you qualify, prepare applications including late applications and family applications, help convert pre-settled status, and act in appeals. Book a consultation below.
