You can apply for pre-settled status under the EU settlement scheme (EUSS) if you do not have 5 years’ continuous residence as an EEA national or a family member of an EEA national. Pre-settled status is granted for a period of 5 years and once you have lived in the Uk for 5 years as an EEA national or as a family member of an EEA nationa, you can apply for settled status under the EU settlement scheme (EUSS).

Pre-Settled Status: Relevant EEA Citizens & Their Family Members

To apply under the family member of a relevant EEA citizen provisions, the relevant EEA citizen must have been resident in the UK by 11pm GMT on 31 December 2020 and thereafter not have broken the continuity of their residence.

The following EEA citizen or non-EEA citizen family members of an EEA citizen may be eligible to apply for pre-settled status under the EU settlement scheme (EUSS):

Spouse Of Relevant EEA Citizen

You can apply for pre-settled status as a spouse under the EU settlement scheme (EUSS) where either:

  • the marriage was contracted before the specified date
  • the applicant was the durable partner of the relevant EEA citizen before the specified date (the definition of ‘durable partner’ in Annex 1 to Appendix EU being met before that date rather than at the date of application) and the partnership remained durable at the specified date

Civil Partner Of Relevant EEA Citizen

You can apply for pre-settled status as a spouse under the EU settlement scheme (EUSS) where either:

  • the civil partnership was formed before the specified date
  • the applicant was the durable partner of the relevant EEA citizen before the specified date (the definition of ‘durable partner’ in Annex 1 to Appendix EU being met before that date rather than at the date of application) and the partnership remained durable at the specified date

Durable Partner Of Relevant EEA Citizen

A durable partner (unmarried partner whose relationship is akin to marriage or civil partnership, and the applicant holds a relevant document in this capacity, where they rely on residence in the UK in that capacity before the specified date) can apply for pre-settled status under the EU Settlement Scheme (EUSS), where both:

  • the partnership was formed and was durable before the specified date
  • the partnership remains durable at the date of application (or did so for the relevant period or immediately before the death of the relevant EEA citizen)

Child Under The Age Of 21

A child under 21 of the EEA citizen or of the spouse or civil partner and the family relationship existed before the specified date can apply for pre-settled status under the EU Settlement Scheme (EUSS). Where they are under the age of 21, the applicant must be the direct descendant of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of their spouse or civil partner, and this includes a grandchild or great-grandchild.

Dependent Child Over The Age of 21

A dependent child over 21 of the EEA citizen or of the spouse or civil partner and the family relationship existed before the specified date can apply for pre-settled status under the EU Settlement Scheme (EUSS). Where they are aged 21 or over, the applicant must be the direct descendant of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of their spouse or civil partner, and this includes a grandchild or great-grandchild, and (unless the applicant was previously granted limited leave to enter or remain under Appendix EU, or its equivalent in the Islands, as a child under the age of 21) the applicant must be dependent on either:

  • the relevant EEA citizen (or qualifying British citizen) or their spouse or civil partner at the date of application or, where the date of application is after the specified date, at the specified date
  • the relevant sponsor or their spouse or civil partner at the date of application

‘Dependent’ means that, as demonstrated by relevant financial, medical or other documentary evidence:

  • having regard to their financial and social conditions, or health, the applicant cannot, or for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of the spouse or civil partner
  • such support is, or was, being provided to the applicant by the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or by the spouse or civil partner
  • there is no need to determine the reasons for that dependence or for the recourse to that support 

Dependent Parent

A dependent parent of the EEA citizen or of the spouse or civil partner and the family relationship existed before the specified date can apply for pre-settled status under the EU Settlement Scheme (EUSS). The applicant must be the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of their spouse or civil partner, and includes a grandparent or great-grandparent and an adoptive parent of an adopted child.

‘Dependent’ means that, as demonstrated by relevant financial, medical or other documentary evidence:

  • having regard to their financial and social conditions, or health, the applicant cannot, or for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of their spouse or civil partner
  • such support is or was, being provided by the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or by their spouse or civil partner
  • there is no need to determine the reasons for that dependence or for the recourse to that support

Evidence of dependency might take the form of for example:

  • evidence of their financial dependency, such as bank statements or money transfers to the applicant from the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or the spouse or civil partner
  • evidence that the applicant needs and receives (or for the relevant period did so) the personal care of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) on serious health grounds, such as a letter from a hospital consultant

Where such an applicant is applying on the basis that they are the dependent parent of the spouse or civil partner of a relevant EEA citizen (or of a qualifying British citizen or of a relevant sponsor), the Home Office UKVI must also be satisfied that the marriage or civil partnership between the spouse or civil partner and the relevant EEA citizen (or the qualifying British citizen) continues to exist (or did so for the period of residence relied upon).

Dependent Relative

You can apply for pre-settled status as a dependent relative of the EEA citizen or of the spouse or civil partner (in either case) before the specified date, and both:

  • the applicant holds a relevant document in this capacity
  • the dependency (or, as the case may be, their membership of the household or their strict need for personal care on serious health grounds) continues to exist at the date of application (or did so for the period of residence relied upon)

In addition, where the applicant does not rely on meeting condition 1, 3 or 6 of paragraph 11 of Appendix EU, or on being a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen, the family relationship continues to exist at the date of application.

Pre-Settled Status For Irish Nationals & Their Family Members

An ‘Irish citizen’ is defined in Annex 1 to Appendix EU as a person who is an Irish citizen as a matter of Irish law. Irish citizens enjoy a right of residence in the UK that is not reliant on the UK’s membership of the EU. This means that Irish citizens do not need to apply for status under the scheme. Nonetheless, Irish citizens can make an application for pre-settled status under the scheme, should they wish to do so.
Their family members (who are not Irish citizens or British citizens and who do not have leave to enter or remain in the UK) will need to make an application for pre-settled status under the EU Settlement Scheme, and they can do so whether or not the Irish citizen has done so.

Pre-Settled Status As A Spouse Of A Relevant Swiss National

The applicant should meet the applicable requirements as the spouse or civil partner of a relevant sponsor who is a national of Switzerland and not also a British citizen, and the marriage was contracted or the civil partnership was formed after the specified date and before 1 January 2026.

Pre-Settled Status As A Family Member Of A Relevant Person Of Northern Ireland

A family member of a relevant EEA citizen (or a joining family member of a relevant sponsor) can also apply for pre-settled status under the EU Settlement Scheme (EUSS) where the relevant EEA citizen (or relevant sponsor) is a relevant person of Northern Ireland (as defined in Annex 1 to Appendix EU).
A ‘relevant person of Northern Ireland’ is a person who both:

  • is either:
    • a British citizen
    • an Irish citizen
    • a British citizen and an Irish citizen
  • was born in Northern Ireland and, at the time of the person’s birth, at least one of their parents was either:
    • a British citizen
    • an Irish citizen
    • a British citizen and an Irish citizen
    • otherwise entitled to reside in Northern Ireland without any restriction on their period of residence

Pre-Settled Status As A Family Member Of A Relevant EEA Citizen Frontier Worker

A family member of a relevant EEA citizen (or a joining family member of a relevant sponsor) can also apply for pre-settled status under the EU Settlement Scheme where the relevant EEA citizen (or relevant sponsor) is a frontier worker (as defined in Annex 1 to Appendix EU).
A frontier worker is a person who:

  • is a national of an EEA country or Switzerland
  • is not a British citizen
  • satisfies the Secretary of State by relevant evidence of this that they fulfil the relevant conditions of being a frontier worker set out in the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, and that they have done so continuously since the specified date
  • has not been (and is not to be) refused admission to, or removed from, the UK by virtue of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, and is not subject to a relevant restriction decision as defined by regulation 2 of those Regulations

Pre-Settled Status As A Family Member Of A Qualifying British Citizen

The applicant meets the eligibility requirements for limited leave to enter (LTE) or remain (LTR) as the family member of a qualifying British citizen, as a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen or as a child under the age of 21 of a qualifying British citizen’s spouse or civil partner, where the Home Office UKVI are satisfied, including by the required evidence of family relationship, that, at the date of application, one of the following conditions in rule EU14 of Appendix EU is met.

Continuous Qualifying Period Of Less Than 5 Years

Condition 2 of rule EU14 sets out the eligibility requirements for LTE or LTR as a family member of a qualifying British citizen, or as a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen, on the basis of a continuous qualifying period of less than 5 years.

The Home Office UKVI must be satisfied that the following requirements are met:

  • the applicant is a family member of a qualifying British citizen or a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen
  • the applicant was, for any period in which they were present in the UK as a family member of a qualifying British citizen relied upon for the purposes of a continuous qualifying period, lawfully resident by virtue of regulation 9(1) to (6) of the EEA Regulations (regardless of whether in the UK the qualifying British citizen was a qualified person under regulation 6 of the EEA Regulations): see Lawful residence in the UK
  • the applicant is not eligible for ILE or ILR under Part 1 of Appendix EU solely because they have completed a continuous qualifying period in the UK of less than 5 years: see Continuous qualifying period

Return To The UK

The following table sets out the date and time by which the British citizen must have returned to the UK with the applicant in order to meet the definition of ‘qualifying British citizen’. The relevant date and time depends on the family relationship between them.

Before 2300 GMT on 31 December 2020 Before 2300 GMT on 29 March 2022
Spouse or civil partner of a qualifying British citizen, where the marriage was contracted or the civil partnership was formed after the date and time of withdrawal Spouse or civil partner of a qualifying British citizen, where:
(i) the marriage was contracted or the civil partnership was formed before the date and time of withdrawal; or
(ii) the applicant was the durable partner of the qualifying British citizen before the date and time of withdrawal (the definition of ‘durable partner’ being met before then) and the partnership remained durable at the date and time of withdrawal
Durable partner of a qualifying British citizen, where the partnership was formed and was durable after the date and time of withdrawal, and the partnership remains durable at the date of application Durable partner of a qualifying British citizen, where the partnership was formed and was durable before the date and time of withdrawal, and the partnership remains durable at the date of application
Child or dependent parent of a qualifying British citizen’s spouse or civil partner, as described in the first box in this column Child or dependent parent of a qualifying British citizen
Dependent relative of a qualifying British citizen, where the family relationship and the person’s dependency (or, as the case may be, their membership of the household or their strict need for personal care on serious health grounds) existed before the applicant returned to the UK with the qualifying British citizen Child or dependent parent of a qualifying British citizen’s spouse or civil partner, as described in the first box in this column

Where a British citizen returns to the UK after the relevant date set out in the table above, a family member seeking to return with them to the UK on the basis of that relationship will need to apply under the family Immigration Rules.

Pre-Settled Status - Derivative or Zambrano Right To Residence

A ‘person who had a derivative or Zambrano right to reside’ is defined in Annex 1 to Appendix EU as a person who both:

  • was a person with a derivative right to reside or, as the case may be, a person with a Zambrano right to reside, immediately before they became, as the case may be, a relevant EEA citizen, a family member of a relevant EEA citizen, a person with a derivative right to reside, a person with a Zambrano right to reside or a family member of a qualifying British citizen
  • has since remained, to the date of application, in any (or any combination) of those categories or as a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen or with a qualifying British citizen

How Can We Help?

As your legal representatives, our immigration solicitors can represent you in your application for pre-settled status under the EU Settled Scheme (EUSS) and carry out all the work on your leave to remain application until a decision is received from the Home Office UKVI. If instructed to represent you regarding your pre-settled status under the EU Settled Scheme (EUSS), the immigration casework to be carried out by our immigration solicitors will include the following:

  • Assessing your eligibility for pre-settled status under the EU Settled Scheme (EUSS) by considering all your personal circumstances;
  • Advising you on the weaknesses and strengths of your pre-settled status under the EU Settled Scheme (EUSS);
  • Advising you on the relevant documents to be submitted in support of your pre-settled status under the EU Settled Scheme (EUSS);
  • Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI immigration Rules;
  • Completing and submitting the online application form to apply for pre-settled status under the EU Settled Scheme (EUSS) by gathering all the relevant information from you;
  • Booking your appointment with the application centre for enrolment of biometrics;
  • Preparing a detailed cover letter to introduce and support your application;
  • Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
  • Liaising with the Home Office UKVI for a timely decision on your application.

Our Fee For Pre-settled Status Under The EU Settled Scheme (EUSS)

Unless your matter is very complicated, our fixed fees for pre-settled status under the EU Settled Scheme (EUSS) are as given in the fee table below:

Our Service Our Fee
Full service for pre-settled status under the EU Settled Scheme (EUSS) to  cover all the work until decision by the Home Office UKVI From £600 + VAT To £1,000 + VAT

The agreed fixed fee will depend on the complexity of the application and the volume of casework involved in the pre-settled status application.

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FAQs - Family Permit UK

How Long Can You Stay In The UK With Family Permit?

EEA family permits are usually valid for 6 months. However, they will not be valid after 30 June 2021, even if there is time left on the permit.

An EUSS family permit is valid for 6 months, unless:

  • you plan to arrive in the UK on or after 1 April 2021
  • your application is approved more than three months ahead of your planned arrival date

In this case, it’s valid for 4 months from your planned arrival date.

If your eligible family member was living in the UK by 31 December 2020, you can apply to the EU Settlement Scheme to continue living here after your family permit runs out.

Which family members are eligible to apply for family permit UK?

You can join your:

  • spouse, civil partner or unmarried partner
  • child or grandchild aged under 21
  • dependent child or grandchild of any age
  • dependent parent or grandparent

This includes family members who were adopted under an adoption order that’s recognised in UK law.

Spouses and civil partners of Swiss citizens

If you’re married to or in a civil partnership with an eligible Swiss citizen, the rules are different.

You’ll still be eligible if:

  • you got engaged or formed your partnership after 31 December 2020
  • you’re still together when you apply
Can I stay in the Uk after my family permit expires?

If your eligible family member was living in the UK by 31 December 2020, you can apply to the EU Settlement Scheme to continue living here after your family permit runs out.

If they came to the UK on or after 1 January 2021, you’ll usually need to apply for a visa to live, work or study.

Who can you join in the UK by applying for family permit?

The person you’re joining must be one of the following:

  • an EU, EEA or Swiss citizen
  • a person of Northern Ireland
  • someone who lived in the UK as an EU, EEA or Swiss citizen before also getting British citizenship
  • an EU, EEA or Swiss citizen who is exempt from immigration control
  • an EU, EEA or Swiss citizen who travels regularly to work in the UK but lives outside of the UK (also known as a ‘frontier worker’)
  • a British citizen who also has dual EU, EEA or Swiss nationality and was settled in the UK before 16 July 2012 without using their free movement rights (also known as a ‘McCarthy’ case)

Your family member must meet the eligibility criteria for the EU Settlement Scheme even if they have not applied or cannot apply. This means that they:

  • were resident in the UK by 31 December 2020
  • pass criminal record checks
What are the eligibility requirements to apply for family permit as a family member of a person of Northern Ireland?

To be an eligible person of Northern Ireland, the person you are joining must:

  • have been born in Northern Ireland
  • have British, Irish or dual British and Irish citizenship

At the time of your family member’s birth, one of their parents must have been:

  • a British citizen
  • a Irish citizen
  • a dual British and Irish citizen
  • entitled to reside in Northern Ireland with no restriction on their period of residence.
What are the eligibility requirements to apply for family permit as a family member of EU, EEA or Swiss citizen who lived in the UK before getting British citizenship?

To be eligible the person you’re joining must:

  • be an EU, EEA or Swiss citizen
  • have become a naturalised British citizen after working, studying or being self-sufficient in the UK
What are the eligibility requirements to apply for family permit as a family member of EU, EEA or Swiss citizen who is exempt from immigration control?

The person you’re joining must be:

They cannot also be a British citizen.

What are the eligibility requirements to apply for family permit as a family member of frontier worker?

The person you’re joining must:

  • be an EU, EEA or Swiss citizen
  • have been working in the UK by 31 December 2020 as an employee or self-employed person
  • be primarily resident in another country that is not the UK
  • have been a frontier worker continuously since 1 January 2021

They cannot also be a British citizen.

What documents do I need to apply for my family permit?

ou must provide:

  • a valid passport
  • evidence of your relationship to your EEA family member, for example a marriage certificate, civil partnership certificate or birth certificate

You can provide a valid national identity card instead of your passport if you’re an EU, EEA or Swiss citizen.

If the EU, EEA or Swiss citizen family member you are joining has applied to the EU Settlement Scheme you must provide their application number.

If they have not applied to the EU Settlement Scheme you must provide both:

  • their valid EU, EEA or Swiss passport or national identity card
  • evidence that they would be eligible for the EU Settlement Scheme if they had applied

You’ll have to show that they meet the other eligibility criteria for the EU Settlement Scheme even if they cannot apply - for example, if they have British as well as EU, EEA or Swiss citizenship.

How can I apply for family permit UK?

You must apply online for an EU Settlement Scheme family permit. You must be outside the UK to apply.

Can extended family members of EU, EEA or Swiss citizen apply for EEA family permit?

You can no longer apply for an EEA family permit if you are the extended family member of an EU, EEA or Swiss citizen, for example their:

  • brother or sister
  • aunt or uncle
  • cousin
  • niece or nephew

Unmarried partners in a lasting relationship (‘durable partners’) can continue to apply for EEA family permits until 30 June 2021.

FAQs - EU Settlement Scheme (EUSS)

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?

The Home Office UKVI guidance for EUSS applicants in or outside the UK who have been affected by restrictions associated with coronavirus can be accessed using the link below:

Coronavirus (COVID-19): EU Settlement Scheme - guidance for applicants - GOV.UK (www.gov.uk)

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.