Settled Status Application

You can apply for settled status as an EEA national or family member of an EEA national after you have lived in the UK for 5 years continuously. Five years of 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
• the time you spent abroad as a Crown servant, or as the family member of a Crown servant
• the 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.

Continuous Qualifying Period Of 5 Years For Settled Status

An EEA citizen will be eligible for ILE or ILR under the EU Settlement Scheme (EUSS), as a relevant EEA citizen under condition 3 in rule EU11, where, at the date of application and in an application made by the required date, they have completed a continuous qualifying period of residence in the UK and Islands of 5 years which began before the specified date – as a relevant EEA citizen, a family member of a relevant EEA citizen, a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen, a person with a derivative right to reside, a person with a Zambrano right to reside, or a person who had a derivative or Zambrano right to reside, or in any combination of those categories.

Where an applicant relies on more than one of those categories in order to complete their continuous qualifying period of 5 years, there can be no gap between the periods of qualification under each category relied upon. This does not affect the absences from the UK and Islands which are permitted during a continuous qualifying period.

And where no supervening event has occurred, which means that since completing that 5 year period:

• they have not been absent from the UK and Islands for a period of more than 5 consecutive years
• none of the following events has occurred in respect of the applicant unless it has been set aside or revoked:
  • any decision or order to exclude or remove them from the UK under regulation 23 or 32 of the EEA Regulations (or under the equivalent provisions of the EEA Regulations of the Isle of Man)
  • a decision to which regulation 15(4) of the EEA Regulations otherwise refers in respect of their right to permanent residence in the UK, unless that decision arose from a previous decision under regulation 24(1) (or the equivalent decision, subject to the equivalent qualification, under the EEA Regulations of the Isle of Man)
  • an exclusion decision
  • a deportation order, other than by virtue of the EEA Regulations
  • an Islands deportation order
  • an Islands exclusion decision

Where the applicant has completed a continuous qualifying period of residence in the UK and Islands of 5 years which began before the specified date, as the family member of a relevant EEA citizen (or as a family member who has retained the right of residence by virtue of their relationship with a relevant EEA citizen), the family relationship or the period in which they retained a right of residence by virtue of that relationship, maybe in the past; it does not need to remain extant at the date of application.

Settled Status On The Basis Of Ceased Activity

An EEA citizen will be eligible for ILE or ILR under the scheme, as a relevant EEA citizen under condition 4 in rule EU11, having completed a continuous qualifying period of residence in the UK and Islands of less than 5 years which began before the specified date, where, at the date of application and in an application made by the required date, they either:

• were a worker or self-employed person in the UK (within the meaning of the EEA Regulations) and then terminated that activity, having reached the age of entitlement to a state pension or, in the case of a worker, having taken early retirement and immediately before that they had both:
  • been a worker or self-employed person in the UK for at least the preceding 12 months
  • resided in the UK and Islands for a continuous qualifying period of more than 3 years which began before the specified date
• stopped being a worker or self-employed person in the UK owing to permanent incapacity to work and either:
  • had resided in the UK and Islands for a continuous qualifying period of more than the preceding 2 years which began before the specified date
  • the incapacity resulted from an accident at work or an occupational disease that entitles the person to a pension payable in full or in part by an institution in the UK
• resided in the UK for a continuous qualifying period of at least 3 years as a worker or self-employed person which began before the specified date, immediately before becoming a worker or self-employed person in an EEA country or Switzerland (see: the countries listed in subparagraph (a)(i) of the definition of ‘EEA citizen’ in Annex 1 to Appendix EU), while retaining a place of residence in the UK to which they return, as a rule, at least once a week

The conditions as to the length of residence and length of employment in the first 2 provisions above do not apply where Home Office UKVI are satisfied (including by the required evidence of family relationship) that the relevant EEA citizen is the spouse or civil partner of a British citizen.

And, in any case, no supervening event has occurred, which means that since the relevant EEA citizen ceased activity:

• they have not been absent from the UK and Islands for a period of more than 5 consecutive years
• none of the following events has occurred in respect of the applicant unless it has been set aside or revoked:
  • any decision or order to exclude or remove them from the UK under regulation 23 or 32 of the EEA Regulations (or under the equivalent provisions of the EEA Regulations of the Isle of Man)
  • a decision to which regulation 15(4) of the EEA Regulations otherwise refers in respect of their right to permanent residence in the UK, unless that decision arose from a previous decision under regulation 24(1) (or the equivalent decision, subject to the equivalent qualification, under the EEA Regulations of the Isle of Man)
  • an exclusion decision
  • a deportation order, other than by virtue of the EEA Regulations
  • an Islands deportation order
  • an Islands exclusion decision

Settled Status For Child Under The Age Of 21

An EEA citizen will be eligible for ILE or ILR under the scheme as a child under the age of 21 under condition 7 in rule EU11, including where they have a continuous qualifying period of residence in the UK and Islands of less than 5 years which began before the specified date, where, at the date of application and in an application made by the required date:

• Home Office UKVI is satisfied, including by the required evidence of family relationship, that they are a family member of a relevant EEA citizen and a child under the age of 21 of a relevant EEA citizen or of their spouse or civil partner and either:
  • the marriage was contracted or the civil partnership was formed before the specified date
  • the person who is now the spouse or civil partner of the relevant EEA citizen was their durable partner before the specified date and the partnership remained durable at the specified date

And, in addition, where the date of application by the child is before 1 July 2021, either the relevant EEA citizen (or, as the case may be, their spouse or civil partner):

• has been granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU (or under its equivalent in the Islands), which has not lapsed or been canceled, revoked, or invalidated (or is being granted that leave under that paragraph of Appendix EU or under its equivalent in the Islands)
• is an Irish citizen who has not made a valid application under Appendix EU and who would be granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU if they made such an application before 1 July 2021
• (where the applicant is the family member (“F”) to whom paragraph 9 of Schedule 6 to the EEA Regulations refers and meets the criteria as F in that paragraph) is an EEA citizen in accordance with subparagraph (c) of the definition in Annex 1 to Appendix EU, who, having been resident in the UK and Islands for a continuous qualifying period which began before the specified date, would, but for the fact that they are a British citizen, be granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU, if they made a valid application under Appendix EU before 1 July 2021
• is a relevant person of Northern Ireland and either:
  • an Irish citizen, who, having been resident in the UK and Islands for a continuous qualifying period that began before the specified date, has been granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU (or its equivalent in the Islands), which has not lapsed or been canceled, revoked or invalidated (or is being granted that leave under that paragraph of Appendix EU or under its equivalent in the Islands), or would be granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU, if they made a valid application under Appendix EU before 1 July 2021
  • a British citizen, or a British citizen and an Irish citizen, who, having been resident in the UK and Islands for a continuous qualifying period which began before the specified date, would, but for the fact that they are a British citizen, be granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU, if they made a valid application under Appendix EU before 1 July 2021
  • is a person exempt from immigration control, who, having been resident in the UK and Islands for a continuous qualifying period that began before the specified date, would, but for the fact that they are a person exempt from immigration control, be granted indefinite leave to enter or remain under paragraph EU2 of Appendix EU, if they made a valid application under Appendix EU before 1 July 2021
  • the relevant EEA citizen (or the spouse or civil partner) is a relevant naturalised British citizen (in accordance with sub-paragraphs (b), (c), and (d) of the relevant definition in Annex 1 to Appendix EU)

Settled Status As A Family Member Of a Relevant EEA Citizen Who Has Died

A family member will be eligible for ILE or ILR under the scheme – as the family member of a relevant EEA citizen who has died, under condition 6 in rule EU11 – having completed a continuous qualifying period of residence in the UK and Islands of less than 5 years which began before the specified date, where, at the date of application and in an application made by the required date, the criteria in this section are met.

To be eligible for ILE or ILR as a family member of a relevant EEA citizen who has died, all the following must be met:

• Home Office UKVI is satisfied, including by the required evidence of family relationship, that the applicant is a family member of a relevant EEA citizen (see assessing family relationship) and the relevant EEA citizen has died
• the relevant EEA citizen must have been resident in the UK as a worker or self-employed person (within the meaning of the EEA Regulations) at the time of their death
• the relevant EEA citizen must have been resident in the UK and Islands for a continuous qualifying period of at least 2 years which began before the specified date, immediately before death, or the death must have been the result of an accident at work or an occupational disease
• the applicant must have been resident in the UK with the relevant EEA citizen immediately before their death
• since the death of the relevant EEA citizen, the applicant must not have been absent from the UK and Islands for a period of more than 5 consecutive years
• since the death of the relevant EEA citizen, none of the following events must have occurred in respect of the applicant, unless it has been set aside or revoked:
  • any decision or order to exclude or remove them from the UK under regulation 23 or 32 of the EEA Regulations (or under the equivalent provisions of the EEA Regulations of the Isle of Man)
  • a decision to which regulation 15(4) of the EEA Regulations otherwise refers in respect of their right to permanent residence in the UK, unless that decision arose from a previous decision under regulation 24(1) (or the equivalent decision, subject to the equivalent qualification, under the EEA Regulations of the Isle of Man)
  • an exclusion decision
  • a deportation order, other than by virtue of the EEA Regulations
  • an Islands deportation order
  • an Islands exclusion decision

If the applicant does not meet these criteria, the Home Office UKVI must consider if they have retained a right of residence.

Settled Status As A Family Member Who Has Retained The Right Of Residence

Where the applicant is a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen, they can qualify for ILE or ILR under condition 1 (documented right of permanent residence) or condition 2 (existing evidence of indefinite leave to enter or remain) in rule EU11.
Otherwise, where the applicant is a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen, they will be eligible for ILE or ILR, under condition 3 in rule EU11, on the basis of having completed a continuous qualifying period of residence in the UK and Islands of 5 years, which began before the specified date, as such a family member where the criteria in this section are met (or, prior to that, as a family member of a relevant EEA citizen, as a relevant EEA citizen, as a person with a derivative right to reside, as a person with a Zambrano right to reside or as a person who had a derivative or Zambrano right to reside, or in any prior combination of those categories).

The Home Office UKVI must also be satisfied that since satisfying those criteria, the ‘required continuity of residence’ has been maintained by the applicant. This means that, where the applicant has not completed a continuous qualifying period of five years (and does not have valid evidence of their indefinite leave to enter or remain, and has not acquired the right of permanent residence in the UK under regulation 15 of the EEA Regulations, or the right of permanent residence in the Islands through the application thereof section 7(1) of the Immigration Act 1988 or under the Immigration (European Economic Area) Regulations of the Isle of Man), then, since the point at which (where they do so) they began to rely on being in the UK and Islands as a family member who has retained the right of residence and while they continued to do so, one of the events referred to in subparagraph (b)(i) or (b)(ii) in the definition of ‘continuous qualifying period’ in Annex 1 to Appendix EU has not occurred.

To be eligible to apply for ILE or ILR as a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen, on the basis of having completed a continuous qualifying period of residence in the UK and Islands of 5 years which began before the specified date (as set out above), the Home Office UKVI must be satisfied, including by the required evidence of family relationship, that, at the date of application and in an application made by the required date, the applicant both:

• is an EEA or non-EEA citizen who was the family member of a relevant EEA citizen and that person died
• was resident in the UK as the family member of that relevant EEA citizen for a continuous qualifying period of at least a year which began before the specified date, immediately before the death of that person;

OR

That the applicant is either:

• an EEA or non-EEA citizen who is the child of a relevant EEA citizen who has died, or of their spouse or civil partner immediately before their death
• an EEA or non-EEA citizen who is the child of a person who ceased to be a relevant EEA citizen on ceasing to reside in the UK, or of their spouse or civil partner at that point

And, in either of the 2 bullet points above, the child must have been attending a general education course, apprenticeship, or vocational training course in the UK immediately before the relevant EEA citizen died or ceased to be a relevant EEA citizen on ceasing to reside in the UK, and the child must continue to attend such a course.

OR

That the applicant is:

• an EEA or non-EEA citizen who is the parent with custody of such a child (meaning that the child normally lives with them or does so part of the time, and includes arrangements that have been agreed informally and those which are subject to a court order for determining with whom the child is to live and when)

OR

All the following are met:

• the applicant is an EEA or non-EEA citizen who has ceased to be a family member of a relevant EEA citizen on the termination of the marriage or civil partnership of that relevant EEA citizen – and, for these purposes, where, after the initiation of the proceedings for that termination, that relevant EEA citizen ceased to be a relevant EEA citizen, they will be deemed to have remained a relevant EEA citizen until that termination
• the applicant was resident in the UK at the date of the termination of the marriage or civil partnership
• the applicant meets one of the following:
  • prior to the initiation of the proceedings for the termination of the marriage or civil partnership, the marriage or civil partnership had lasted for at least 3 years, and during its duration, the parties to the marriage or civil partnership had been resident in the UK for a continuous qualifying period of at least one year which began before the specified date
  • the applicant has custody of a child of the relevant EEA citizen
  • the applicant has the right of access to a child of the relevant EEA citizen, where the child is under the age of 18 years and where a court has ordered that such access must take place in the UK
  • the continued right of residence in the UK of the applicant is warranted by particularly difficult circumstances, such as where the applicant or another family member has been a victim of domestic violence or abuse whilst the marriage or civil partnership was subsisting

OR

That the applicant both:

• is an EEA or non-EEA citizen who provides evidence that a relevant family relationship with a relevant EEA citizen has broken down permanently as a result of domestic violence or abuse
• was resident in the UK when the relevant family relationship broke down permanently as a result of domestic violence or abuse, and the continued right of residence in the UK of the applicant is warranted where the applicant or another family member has been a victim of domestic violence or abuse before the relevant family relationship broke down permanently

‘Relevant family relationship’ means here a family relationship with a relevant EEA citizen such that the applicant is, or (immediately before the relevant family relationship broke down permanently as a result of domestic violence or abuse) was a family member of a relevant EEA citizen. Where, following the permanent breakdown of the relevant family relationship as a result of domestic violence or abuse, the applicant remains a family member of a relevant EEA citizen, they will be deemed to have ceased to be such a family member for the purposes of Appendix EU once the permanent breakdown occurred.

Where the applicant is applying on the basis that their continued right of residence in the UK is warranted where they or another family member have been a victim of domestic violence or abuse before the relevant family relationship broke down permanently, the applicant does not need to provide evidence which satisfies you that they remain dependent on the relevant EEA citizen or (where relevant) on the spouse or civil partner, if the applicant is either:

• a child aged 21 or over of a relevant EEA citizen (or of their spouse or civil partner) and was not previously granted limited leave to enter or remain under Appendix EU (or under its equivalent in the Islands) as a child under the age of 21
• the dependent parent of a relevant EEA citizen who is aged under 18

And, in any case, to be eligible for ILE or ILR on the basis of a continuous qualifying period of 5 years which began before the specified date, including as a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen, then since completing that 5 year period both the following must apply:

• the applicant has not been absent from the UK and Islands for a period of more than 5 consecutive years
• none of the following events has occurred in respect of the applicant unless it has been set aside or revoked:
  • any decision or order to exclude or remove them from the UK under regulation 23 or 32 of the EEA Regulations (or under the equivalent provisions of the EEA Regulations of the Isle of Man)
  • a decision to which regulation 15(4) of the EEA Regulations otherwise refers in respect of their right to permanent residence in the UK, unless that decision arose from a previous decision under regulation 24(1) (or the equivalent decision, subject to the equivalent qualification, under the EEA Regulations of the Isle of Man)
  • an exclusion decision
  • a deportation order, other than by virtue of the EEA Regulations
  • an Islands deportation order
  • an Islands exclusion decision

How Can We Help?

Our expert team of EU law solicitors in London specialises in settled status applications. Our specialist EU law solicitors have successfully helped thousands of clients with settled status permit applications. Our best team of EU law solicitors can provide fast, friendly, reliable, and fixed-fee immigration services concerning your settled status permit application. Ask a question to our expert EU law solicitors for free immigration advice or submit an online request to book an appointment for detailed legal advice for your settled status permit application.

As your legal representatives, our immigration solicitors can represent you in your application for 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 settled status under the EU Settled Scheme (EUSS), the immigration casework to be carried out by our long-residence solicitors will include the following:

• Assessing your eligibility for settled status under the EU Settled Scheme (EUSS) by considering all your personal circumstances;
• Advising you on the weaknesses and strengths of your settled status under the EU Settled Scheme (EUSS);
• Advising you on the relevant documents to be submitted in support of your 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 settled status under the EU Settled Scheme (EUSS) by gathering all the relevant information from you;
• Booking your appointment with the application center for enrolment in 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 Settled Status Under The EU Settled Scheme (EUSS)

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