What is the EU Settlement Scheme (EUSS)?
The EU Settlement Scheme (EUSS) provides a basis, consistent with the Withdrawal Agreement with the European Union reached on 17 October 2019 and with the citizens’ rights agreements reached with the other European Economic Area (EEA) countries and Switzerland, for resident EEA and Swiss citizens and their family members to apply for the UK immigration status which they will require in order to remain in the UK.These agreements now have effect in UK law through the European Union (Withdrawal Agreement) Act 2020.
What is the cost of application under the EU Settlement Scheme (EUSS)?
There is no fee for an application under the EU Settlement Scheme (EUSS). Applicants under the scheme are not required to pay the Immigration Health Charge (IHS). Where the application is made within the UK, a non-EEA national applicant required to enrol their biometrics may be required to pay a fee to a commercial partner to do so, depending on the location of the centre they choose to use (several across the UK are free to use).
What is the Home Office UKVI guidance for EUSS applicants in or outside the UK who have been affected by restrictions associated with coronavirus?
What is the required date by which a person must submit an application under the EU Settlement Scheme (EUSS)?
An application for indefinite leave to enter or remain or limited leave to enter or remain under Appendix EU must be made by the required date.
Where the applicant has limited leave to enter or remain granted under Appendix EU: the deadline is before the date of expiry of that leave, unless the Home Office UKVI are satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet that deadline.
Where the applicant does not have limited leave to enter or remain or indefinite leave to enter or remain granted under Appendix EU:
- in the case of a joining family member of a relevant sponsor (where the joining family member is not a specified spouse or civil partner of a Swiss citizen) and that joining family member arrived in the UK on or after 1 April 2021: the deadline is within 3 months of the date they arrived in the UK, unless the Home Office UKVI are satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet that deadline
- in the case of a specified spouse or civil partner of a Swiss citizen who arrived in the UK on or after 1 April 2021: the deadline is within 3 months of the date on which they arrived in the UK, and before 1 January 2026, unless Home Office UKVI are satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet that deadline
- in the case of a joining family member of a relevant sponsor and the joining family member is a child who is born or adopted in the UK on or after 1 April 2021 (or who, on or after that date, becomes subject in the UK to one of the guardianship orders or equivalent in sub-paragraphs (a)(iii) to (a)(xi) of the definition of ‘child’ in Annex 1 to Appendix EU): the deadline is within 3 months of the date on which they were born or adopted in the UK (or became subject in the UK to such an order), unless Home Office UKVI are satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet that deadline
- in all other cases: the deadline is before 1 July 2021, unless Home Office UKVI are satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet that deadline
What are reasonable grounds for a late application missing the 30 June 2021 deadline?
Reasonable grounds for a late application missing the 30 June 2021 deadline are deemed by Appendix EU to exist in the case of an applicant who:
- has limited leave to enter or remain granted under another Part of, or outside, the Immigration Rules, which has not lapsed or been cancelled, curtailed or invalidated, and the date of expiry of that leave is on or after 1 July 2021 – where this occurs, the deadline is before the date of expiry of their leave, unless Home Office UKVI are satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet that deadline
- ceases to be exempt from immigration control on or after 1 July 2021 – where this occurs, the deadline is within 90 days beginning on the day on which they ceased to be exempt from immigration control, unless Home Office UKVI are satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person’s failure to meet that deadline
In all cases, as indicated above, a person may make a late application to the EU Settlement Scheme based on having reasonable grounds for failing to meet the deadline applicable to them.
How can I withdraw an application made under the EU Settlement Scheme (EUSS)?
An applicant can withdraw their application by written request online or by post. This applies to applications made in the UK and from overseas. The applicant must request to withdraw an application in writing.
To request the withdrawal online, they must use the online ‘ask a question about applying for settled status’ form found at https://eu-settled-status-enquiries.service.gov.uk/start, selecting the option for asking a question about ‘An application submitted and in progress’.
To request the withdrawal of an application by post, they must send a withdrawal request to:
EU Settlement Scheme
PO BOX 2075
Liverpool
L69 3YG
Will my application submitted under the EUSS be considered as withdrawn if I travel outside the UK?
An application made under Appendix EU will not be treated as automatically withdrawn if the applicant travels outside the Common Travel Area before the application has been decided.
What is the deadline for applying under the EU Settlement Scheme?
The deadline for applying is 30 June 2021. You must usually have started living in the UK by 31 December 2020.
The deadlines are different in some situations, for example if:
Who can apply under the EU Settlement Scheme (EUSS)?
Except in a few cases, you need to apply if:
This means you need to apply even if you:
If you have children, you need to apply for them separately.
If you’re an EU, EEA or Swiss citizen and you have a family member who is an eligible person of Northern Ireland, you may be able to choose which way you apply.
You can apply to join your EU, EEA or Swiss family member if they started living in the UK by 31 December 2020.
You also may be able to apply if you are not an EU, EEA or Swiss citizen but:
- you used to have an EU, EEA or Swiss family member living in the UK (but you’ve separated, they’ve died or the family relationship has broken down)
- you are the family member of a British citizen and you lived outside the UK in an EEA country together
- you are the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship
- you have a family member who is an eligible person of Northern Ireland
- you are the primary carer of a British, EU, EEA or Swiss citizen
- you are the child of an EU, EEA or Swiss citizen who used to live and work in the UK, or the child’s primary carer
Who does not need to apply under the EU Settlement Scheme (EUSS)?
You do not need to apply if you have:
You cannot apply if you have British citizenship.
If you’re an EU, EEA or Swiss citizen and you moved to the UK before it joined the EU
You only need to apply if you do not have indefinite leave to remain. If you do have indefinite leave to remain, you’ll usually have a stamp in your passport or a letter from the Home Office saying this.
If you work in the UK but do not live here (‘frontier worker’)
You do not need to apply to the EU Settlement Scheme if you’re a ‘frontier worker’ or have a Frontier Worker permit.
Your close family members may be eligible to apply to the EU Settlement Scheme. Read the guidance for what family members of frontier workers need to do to stay in the UK.
If you’re exempt from immigration control
You cannot apply to the EU Settlement Scheme. You do not need to do anything to continue living in the UK while you’re exempt from immigration control.
You’ll have been told if you’re exempt from immigration control, for example because you’re:
- a foreign diplomat posted in the UK
- a member of NATO
Your family members may also be exempt from immigration control. If they are not, they may be eligible to apply to the EU Settlement Scheme.
If you and your family members stop being exempt, for example if you change jobs, you will usually need to apply to the scheme within 90 days. If you stop being exempt after 30 June 2021, you’ll be able to apply after the deadline of 30 June 2021, as long as you were living in the UK by 31 December 2020.
What status will I get if I apply under the EU Settlement Scheme (EUSS)?
The rights and status of EU, EEA and Swiss citizens living in the UK by 31 December 2020 will remain the same until 30 June 2021.
If you apply to the EU Settlement Scheme successfully, you will be able to continue living and working in the UK after 30 June 2021.
You’ll be given either:
- settled status
- pre-settled status
You will not be asked to choose which you are applying for. Which status you get depends on how long you have been living in the UK when you apply. Your rights will be different depending on which status you get and when you started living in the UK.
How can I get settled status under the EU Settlement Scheme (EUSS)?
You will usually get settled status if you have lived in the UK for a continuous 5-year period (known as ‘continuous residence’)
Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period. The exceptions are:
- one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting)
- compulsory military service of any length
- time you spent abroad as a Crown servant, or as the family member of a Crown servant
- time you spent abroad in the armed forces, or as the family member of someone in the armed forces
You may be considered to be resident in the UK on 31 December 2020 and may be eligible for settled status if you both:
- lived in the UK for a continuous 5-year period in the past
- have not left the UK for more than 5 years in a row since then
You can stay in the UK as long as you like if you get settled status. You’ll also be able to apply for British citizenship if you’re eligible.
How can I get pre-settled status under the EU Settlement Scheme (EUSS)?
If you have not lived in the UK for 5 years in a row (known as ‘continuous residence’), you’ll usually get pre-settled status. You must have started living in the UK by 31 December 2020 unless you are applying as the existing close family member of an EU, EEA or Swiss citizen who started living here by then. You can stay in the UK for a further 5 years from the date you get pre-settled status.
You can apply to switch to settled status as soon as you’ve had 5 years’ continuous residence. The 5 years is counted from the day you first arrived in the UK. You do not need to have held pre-settled status for 5 years to apply.
You must apply for settled status before your pre-settled status expires to stay in the UK.
If you’ll reach 5 years’ continuous residence at some point by 30 June 2021, you can choose to wait to apply until you reach 5 years’ continuous residence. This means that if your application is successful, you’ll get settled status without having to apply for pre-settled status first.
What are my rights with settled or pre-settled status?
You’ll be able to:
- work in the UK
- use the NHS for free, if you can at the moment
- enrol in education or study in the UK
- access public funds such as benefits and pensions, if you’re eligible for them
- travel in and out of the UK
You’ll have different rights if you get settled or pre-settled status because you’ve applied to join your EU, EEA or Swiss family member and you arrived in the UK after 31 December 2020. For example, you will not be able to bring your own family members under the EU Settlement Scheme.
For how long can I be outside the UK with settled or pre-settled status?
If you have settled status, you can spend up to 5 years in a row outside the UK without losing your status.
If you are a Swiss citizen, you and your family members can spend up to 4 years in a row outside the UK without losing your settled status.
If you have pre-settled status, you can spend up to 2 years in a row outside the UK without losing your pre-settled status. You will need to maintain your continuous residence if you want to qualify for settled status.
What will be the status of my children born in the UK after the grant of pre-settled or settled status?
If you get settled status, any children born in the UK while you’re living here will automatically be British citizens.
If you get pre-settled status, any children born in the UK will be automatically eligible for pre-settled status. They will only be a British citizen if they qualify for it through their other parent.
Can I bring my family members to the UK under the EU Settlement Scheme (EUSS)?
If you’re a citizen of the EU, EEA or Switzerland, your close family members can join you if all of the following apply:
- you were resident in the UK by 31 December 2020
- your relationship with them began before 31 December 2020 (unless they’re a child born or adopted after that date)
- the relationship still exists when they apply to join you
If your family member is from the EU, EEA or Switzerland, they can apply to the EU Settlement Scheme from outside the UK if they hold either a valid passport or identity card with a biometric chip.
If your family member is not from the EU, EEA or Switzerland, they can apply to the EU Settlement Scheme from outside the UK. They must hold a relevant UK document, for example:
- a residence card
- a permanent residence card
- a derivative residence card
Otherwise, they will need to apply for an EU Settlement Scheme family permit to come to the UK. Once they’re in the UK they can apply to the EU Settlement Scheme (EUSS).
If your family member joins you on or after 1 April 2021, they must apply to the EU Settlement Scheme within 3 months of the date they arrived in the UK. For example if they arrived on 15 June 2021, they must apply by 15 September 2021.
If you cannot bring your family member under the EU Settlement Scheme, they may still be able to come here in a different way, for example on a family visa.
Family members of Swiss citizens
If you’re a Swiss citizen, you can also bring your spouse or civil partner to the UK until 31 December 2025 if both of the following apply:
- your relationship with them began between 31 December 2020 and 31 December 2025
- you are still in the relationship when they apply to join you
How can I apply to the EU Settlement Scheme (EUSS)?
You can apply using any device, for example, a laptop, Android device or iPhone. You can apply now if you’re eligible. The deadline for applying is usually 30 June 2021.
You can also choose to apply later depending on your circumstances.
If you get pre-settled status, you’ll need to apply again when you’re changing your pre-settled status for settled status.
If you’re applying for yourself and your children, make your own application first.
Start now
If you’ve already started to apply, you can continue your application.
Who cannot use this service
You cannot use the online service to apply to the scheme if you’re applying as:
- the family member of a British citizen you lived with in Switzerland or an EU or EEA country
- the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship
- the primary carer of a British, EU, EEA or Swiss citizen
- the child of an EU, EEA or Swiss citizen who used to live and work in the UK, and you’re in education - or you’re the child’s primary carer
Contact the EU Settlement Resolution Centre online to find out how to apply.
Fees
It’s free to apply to the scheme.
