EU Settlement Scheme 2024 Guidance

As part of the UK’s post-Brexit immigration reforms, the EU Settlement Scheme was introduced to safeguard the lawful status of EU, EEA, and Swiss citizens, along with their family members, to allow them to continue living in the UK.

Applying to the scheme ensures these individuals can continue their lives in the UK without any disruption or legal uncertainty through being granted either settled or pre-settled status, depending on their length of residence in the UK.

The deadline for most people to apply to the EU Settlement Scheme was 30 June 2021. However, late applications may be accepted in certain circumstances. In addition, those with pre-settled status should apply to transfer to full settled status.

In this guide, we set out the key features and provisions of the EU Settlement Scheme, and explain the eligibility criteria and how to make an application to safeguard your lawful status in the UK.

 

Section A: What is the EU Settlement Scheme?

 

Following Brexit and the end of EU freedom of movement between the UK and the EU, the United Kingdom’s immigration system was subject to a significant overhaul.

The EU Settlement Scheme was implemented as the legal framework for EU, EEA, and Swiss citizens and their family members to maintain their rights to reside, work, and access public services in the UK after Brexit.

The Scheme was designed to provide a straightforward and secure way for these individuals to continue their lives in the UK, protecting their rights and securing their legal residence with minimal disruption following the UK’s departure from the European Union.

 

1. Who is Eligible under the EU Settlement Scheme?

 

The EU Settlement Scheme applies to:

 

a. EU citizens

b. Citizens of the European Economic Area (EEA), which includes countries such as Norway, Iceland, and Liechtenstein

c. Swiss citizens

d. Family members of EU, EEA, and Swiss citizens, even if they are from non-EU countries

 

To be eligible, individuals must have been residing in the UK by the end of the Brexit transition period on 31 December 2020.

Those who had lived in the UK for five years or more were granted settled status, while those who had not lived continuously in the UK for five years by the deadline were granted pre-settled status and required to transfer to settled status once they met the five-year residency requirement.

 

2. Types of Status: Settled and Pre-Settled Status

 

There are two types of status granted under the EU Settlement Scheme:

 

a. Settled Status

Settled Status is granted to individuals who have lived in the UK for a continuous period of five years by the time they apply. This status provides the right to stay in the UK indefinitely, allowing holders to work, use the NHS, enrol in education or continue their studies, and access public funds such as benefits and pensions. Additionally, individuals with settled status can travel in and out of the UK without restrictions.

However, if you’re settled but leave the UK for a continuous period exceeding five years, you may lose your settled status and have to apply for permission to re-enter.

 

b. Pre-Settled Status

Pre-settled status under the EU Settlement Scheme is granted to individuals who have not yet reached five years of continuous residence in the UK at the time they apply. This status allows them to live, work, and study in the UK for up to five years, access healthcare through the NHS, and claim certain benefits. After completing five years of continuous residence, individuals can apply for settled status to secure their long-term rights in the UK.

 

3. Benefits of EU Settled Status

 

The EU Settlement Scheme provides significant benefits to EU, EEA, and Swiss citizens and their family members living in the UK. Obtaining either settled or pre-settled status ensures that individuals can continue their lives in the UK with legal certainty and access to essential services.

 

a. Right to Work

Under the EU Settlement Scheme, individuals with settled status can work in the UK without any restrictions. This includes the ability to apply for any job, pursue self-employment, and access full employment rights and protections. Those with pre-settled status are also granted the right to work in the UK, but they must convert to settled status after five years of continuous residence to maintain these rights.

 

b. Access to Healthcare

Individuals with settled status have full access to the National Health Service (NHS), just like British citizens, including free hospital treatment, general practitioner (GP) services, and other healthcare services. Those with pre-settled status also have access to the NHS, ensuring they can receive necessary medical care without additional costs.

 

c. Education

Individuals with settled status have access to education at all levels, from primary to higher education, and can apply for student loans and grants under the same conditions as British citizens. Those with pre-settled status also have the right to education and can access student loans for higher education, but they must switch to settled status after five years to maintain these benefits.

 

d. Social Benefits

Individuals with settled status can access public funds, including social benefits like Universal Credit, housing benefit, child benefit, and pension credit, ensuring full eligibility for all welfare benefits. Those with pre-settled status have limited access to certain benefits, with eligibility potentially dependent on meeting specific criteria. To secure full access to benefits, it is important for individuals with pre-settled status to apply for settled status once eligible.

 

e. Housing

Individuals with settled status can access social housing and homelessness assistance, similar to British citizens, and have the right to rent property in the UK. Those with pre-settled status also have the right to rent property and can access some housing support, but full housing rights are secured only upon obtaining settled status.

 

f. Travel

Individuals with settled status can travel in and out of the UK without restrictions and can leave the UK for up to five years (four years for Swiss citizens) without losing their status. Those with pre-settled status are also permitted to travel in and out of the UK, but they must maintain continuous residence to qualify for settled status after five years. They can leave the UK for up to six months in any 12-month period without affecting their status.

 

g. Family Reunification

Individuals with settled status can bring close family members, such as spouses, civil partners, unmarried partners, dependent children, and dependent parents or grandparents, to the UK under the same conditions that applied before Brexit. Those with pre-settled status also have the right to family reunification under similar conditions, but they must apply for settled status to secure long-term family rights.

 

h. Path to British Citizenship

Individuals with settled status can apply for British citizenship after 12 months, provided they meet the eligibility criteria, offering a pathway to full UK citizenship and all associated rights. Those with pre-settled status must first convert to settled status and then apply for British citizenship after holding settled status for one year.

 

i. Legal Protection and Stability

Settled status provides legal certainty and stability, ensuring individuals can continue their lives in the UK without fear of losing their rights. Pre-settled status offers temporary stability and the opportunity to upgrade to settled status, allowing for long-term protection.

 

4. If You’ve Not Yet Applied under the EU Settlement Scheme

 

If you are an EU, EEA, or Swiss citizen, or an eligible family member, your rights in the UK are not safeguarded unless you have applied to the EU Settlement Scheme and received a certificate of application. Without this certificate, you cannot access benefits and services, including free NHS healthcare, work or study in the UK, or rent a property in England.

To protect your rights, you need to apply to the EU Settlement Scheme and obtain your certificate of application. Once you have this certificate, your rights are protected until you receive a decision on your application or the outcome of an appeal. You can use your certificate to prove your rights in the UK, such as the right to work, rent, claim benefits, or use NHS services.

This certificate can be viewed online, and you will also receive a copy by post or email, depending on how you applied.

For joining family members, your rights will be automatically protected for 90 days from your arrival in the UK. After 90 days, this automatic temporary protection ends, and you must prove that you have submitted an application to continue accessing your rights in the UK. If you arrive in the UK illegally, your application will be rejected.

 

Section B: Eligibility Criteria

 

The EU Settlement Scheme is designed to ensure that EU, EEA, and Swiss citizens, along with their family members, can continue living in the UK with legal status after Brexit. To apply for the scheme, applicants must meet specific eligibility requirements, which vary slightly depending on their circumstances and relationship to the primary applicant.

 

1. Settled Status General Eligibility Requirements

 

a. Residency Requirement: Applicants must have been residing in the UK by 31 December 2020. Continuous residence means living in the UK for at least six months in any 12-month period for five consecutive years.

 

b, Citizenship Requirement: Applicants must be EU, EEA, or Swiss citizens. The EEA includes EU countries plus Iceland, Liechtenstein, and Norway.

 

2. Criteria by Category of Applicant

 

Depending on which category you fall under, you may need to meet specific eligibility criteria:

 

a. EU, EEA, and Swiss Citizen Residents with Continuous Residence: For settled status, these applicants must have been living in the UK by 31 December 2020, and need to provide proof of identity (passport or national identity card) and proof of residence.

 

b. EU, EEA, and Swiss Citizen Residents with Less Than Five Years’ Residence: For pre-settled status, these applicants will have resided in the UK for less than five years before applying. This status is valid for five years and allows the individual to continue living and working in the UK. After completing five years of continuous residence from the pre-settled grant date, they can apply for settled status, or they will be automatically granted a two-year extension.

 

c. Family Members of EU, EEA, and Swiss Citizens: ‘Close family members’ includes spouses, civil partners, unmarried partners, dependent children or grandchildren, and dependent parents or grandparents. These family members must have been residing in the UK by 31 December 2020, or be able to join the EU, EEA, or Swiss citizen in the UK under certain conditions. ‘Extended family members’ include siblings, aunts, uncles, nieces, nephews, cousins, and other relatives who can demonstrate dependency on the EU, EEA, or Swiss citizen.

 

d. Children Born in the UK After 31 December 2020: If at least one parent has settled or pre-settled status, the child will be eligible for the same status without needing to meet the 31 December 2020 residency requirement.

 

e. Late Applications: You may still be able to apply if you have a good reason for missing the deadline, such as serious illness, unexpected events, or lack of knowledge about the scheme. You’ll need to provide compelling evidence to support your claim. Also, if you are the family member of someone with settled or pre-settled status and your relationship with them began before 31 December 2020 (unless the settled/pre-settled person is a Swiss citizen), you might still be eligible to apply.

 

Section C: How to Apply for the EU Settlement Scheme

 

The application process for the EU Settlement Scheme was intended to be straightforward and as accessible as possible. It involves the following steps:

 

1. Settled Status Application Process

 

Step 1: Prepare Necessary Documents

Applicants need to provide specific documents to prove their identity and residency in the UK. These typically include:

 

a. Proof of Identity: Passport, national identity card, or biometric residence card.

b. Proof of Residence: Documents showing continuous residence in the UK, such as utility bills, bank statements, employment records, tenancy agreements, or council tax bills. The exact documents required depend on your situation and the length of your residence.

 

Step 2: Start the Online Application

 

Most applications to the Scheme are made online. Go to the official EU Settlement Scheme application section on the Home Office website, and click on “Start now” to begin your application.

Some types of applicant, however, will not be able to use the online application. For example:

 

a. If you do not have the documentation to prove your identity.

b. If applying as the family member of a British citizen you lived with in the EU, Switzerland, Norway, Iceland or Liechtenstein by 31 December 2020 and you returned with them to the UK.

c. If applying as the family member of a British citizen who is also a citizen of an EU country, Switzerland, Norway, Iceland or Liechtenstein, and they lived in the UK as a citizen of one of those countries before becoming a British citizen.

d. If applying as the child (who is in education in the UK) of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who used to live and work in the UK.

e. If you and your child were, by 31 December 2020, the primary carer of a British citizen (and you did not have another type of permission to stay in the UK); child of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who used to live and work in the UK – the child must be in education in the UK; or self-sufficient child from the EU, Switzerland, Norway, Iceland or Liechtenstein.

 

In any of these cases, you would need to contact the Home Office Resolution Centre online to find out how to apply, which will usually be using a paper application form.

 

Step 3: Create an Account

When making your application online, you will be prompted to create a UK Visas and Immigration (UKVI) account. Provide a valid email address and create a password to set up your account.

 

Step 4: Verify Your Identity

You can verify your identity using the EU Exit: ID Document Check app. The app is available for both Android and iOS devices.

Use the app to scan your passport or national identity card and take a photo of yourself to verify your identity. If you cannot use the app, you can send your documents by post.

 

Step 5: Complete the Online Application Form

After verifying your identity, complete the online application form. You will need to provide personal details such as your name, date of birth, nationality, and National Insurance number if you have one.

Answer questions about your residence in the UK, any criminal convictions, and your family members if they are also applying.

 

Step 6: Submit Biometric Data

If you are applying from outside the UK or need to provide additional biometric data, you may be required to book an appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre to provide your fingerprints and have your photograph taken.

Most applicants already residing in the UK will not need to provide biometric data if they have a biometric passport or residence card.

 

Step 7: Upload Supporting Documents

Upload digital copies of your proof of residence documents. The online application system allows you to upload multiple files, so ensure you have all necessary documents scanned and ready.

 

Step 8: Review and Submit Your Application

Carefully review all the information provided in your application. Ensure that all details are accurate and that you have included all necessary documents.

Submit your application through the online portal. You will receive a confirmation email once your application has been submitted.

 

Step 9: Wait for a Decision

The UK Home Office will review your application and supporting documents. You will be notified by email of the outcome.

Processing times can vary, but most applications are processed within a few weeks. You can check the status of your application by logging into your UKVI account.

 

Step 10: Receive Your Status

If your application is successful, you will receive either settled status or pre-settled status, depending on your length of residence in the UK.

You will not receive a physical document, but you can view and prove your status online using the “View and Prove Your Status” service on the UK government website.

 

2. Making a Late Application under the EU Settlement Scheme

 

In certain circumstances, you can still apply to the EU Settlement Scheme after the 30 June 2021 deadline. For instance, if you are joining a family member who was living in the UK by 31 December 2020, your application deadline will be determined by your arrival date in the UK, provided that you were a family member by 31 December 2020 (this does not apply to children born or adopted after this date and the family relationship still exists at the time of your application.

Additionally, you can apply after the deadline if you are eligible and can demonstrate ‘reasonable grounds’ for why you were unable to apply by the original deadline or in the time since it passed.

The UK Home Office sets a high bar for what constitutes reasonable grounds for a late application under the EU Settlement Scheme, and considers exceptional circumstances on a case-by-case basis. Examples could include:

 

a. Serious Illness: If you were incapacitated by a severe medical condition that prevented you from submitting your application on time, you can present medical records as evidence.

b. Unexpected Events: Unforeseen circumstances beyond your control that significantly hindered your ability to apply, such as a natural disaster, fire, or a sudden family emergency, might be considered.

c. Lack of Knowledge About the Scheme: While generally not enough on its own, a genuine lack of awareness about the scheme, particularly if you resided in a remote area or faced communication barriers, might be considered alongside other supporting factors.

 

You must provide evidence explaining the reason or reasons you could not apply, which covers the entire period since the deadline passed, and details why you were unable to apply by the deadline. This could include medical records, police reports, official documentation for unexpected events, or communication records showing attempts to obtain information about the scheme.

Demonstrating you applied as soon as you became aware of the scheme or the urgency to apply can strengthen your case. You may also want to show that your late application doesn’t pose any security risk or undue burden on the UK.

Even if your reason for delay falls under one of the categories mentioned, it doesn’t guarantee a successful application. The Home Office will assess each case individually based on the specific circumstances and supporting evidence provided.

The success rate for late applications based on reasonable grounds can be low. However, presenting a well-documented and compelling case can improve your chances.

Taking professional advice is highly recommended, for an assessment of your specific situation, advice on the best approach, and assistance with gathering the necessary evidence to support your claim for reasonable grounds for delay.

 

3. Applying to Transfer from Pre-Settled to Settled Status

 

Holders of pre-settled status under the EU Settlement Scheme can usually switch to full settled status after meeting certain requirements.

The primary requirement is to have continuously resided in the UK for at least five years from the date your pre-settled status was granted.

You should submit a new application for settled status through the online EU Settlement Scheme portal. The application is free.

The application process for settled status is generally similar to the one you completed for pre-settled status. However, you might not need to provide the same level of evidence regarding your initial residence before 31 December 2020. You will still need to provide a valid passport or national ID card, as well as your pre-settled status grant letter or a share code from your UKVI account. To demonstrate your continuous residence for the past five years, submit evidence such as bank statements, utility bills, council tax records, or employment contracts.

If you do not apply to transfer to full settled status, your status will be automatically extended by two years when it is due to expire. However, the Home Office has the power to cancel automatic extensions if they believe the holder is no longer eligible under the scheme. This could include cases where the individual has been outside of the UK for more than six months in a 12-month period.

 

4. Key Deadlines

 

The primary deadline for most EU, EEA, and Swiss citizens and their family members to apply for the EU Settlement Scheme was 30 June 2021. This deadline applies to those who are living in the UK by 31 December 2020.

The UK government committed to accepting late applications where there are reasonable grounds for missing the initial deadline. This includes situations such as serious medical conditions, lack of capacity or care, victims of modern slavery or of abusive or controlling relationships, and other compelling practical or compassionate reasons.

Close family members (spouses, civil partners, unmarried partners, dependent children or grandchildren, and dependent parents or grandparents) of EU, EEA, and Swiss citizens can still join them in the UK after 31 December 2020 if the relationship existed by that date and continues to exist. Applications for these family members should be made as soon as possible after their arrival in the UK.

 

Section F: After the Application

 

After you apply, the Home Office will review your application to ensure its validity. They will check several aspects, including proof of identity, biometrics, entitlement to apply from outside the UK (if applicable), legal entry into the UK (if you are a joining family member), and reasonable grounds for the delay in applying (if applicable).

You may be contacted for further information or evidence to allow the Home Office to make its decision.

If your application is deemed valid, you will receive a certificate of application. This certificate will detail what you can do while awaiting a decision, such as proving your right to work, rent, claim certain benefits, or use NHS services in the UK.

 

1. Application Approved

 

If your application is successful, you will receive a decision letter by email or post confirming that you have been granted settled or pre-settled status.

It is important not to travel to the UK until you have been granted pre-settled or settled status. Make sure to check the documents you will need to enter the UK. The status you obtain under the EU Settlement Scheme only confirms your rights within the UK.

Your documents will be returned to you automatically once a decision has been made, which usually takes between six to eight weeks.
You’ll usually be able to apply for citizenship 12 months after you’ve got settled status.

 

2. Proving Status under the EU Settlement Scheme

 

The Home Office decision letter itself cannot be used as proof of your status under the EU Settlement Scheme, as the scheme provides only digital proof of status.

You can view your status or prove it to someone else online, such as employers or landlords. You will receive a ‘share code’ that you can give to your employer or landlord. They can then enter this share code along with your date of birth online to view your immigration status and rights.

 

3. Application Refused

 

If your EU Settlement Scheme application is refused, you have the right to appeal to an independent tribunal. Take professional advice to understand your options.

 

Section F: Summary

 

The primary purpose of the EU Settlement Scheme was to provide a straightforward and secure way for EU, EEA, and Swiss citizens residing in the UK to safeguard their legal status in the UK post-Brexit. It acted as a critical measure to prevent any adverse impact on the lives of those who have built their homes and careers in the UK prior to Brexit.

While the deadline for most new applicants has passed, late submissions may be processed where there are reasonable grounds for the delay.

Those with pre-settled status are also required to apply under the scheme once they become eligible for full settled status to secure their indefinite status in the UK.

 

Section G: Need Assistance?

 

If you have any queries about the EU settlement scheme – whether you need help understanding your eligibility, preparing your documents, or submitting your application – contact us for advice and support.

 

Section H: EU Settlement Scheme FAQs

 

What is the EU Settlement Scheme?
The EU Settlement Scheme allows EU, EEA, and Swiss citizens, along with their family members, to continue living, working, and studying in the UK after Brexit by securing their immigration status.

 

Who is eligible to apply for the EU Settlement Scheme?
The scheme is for EU, EEA, and Swiss citizens and their family members who were residing in the UK by 31 December 2020. It also applies to close family members who join them in the UK after this date under certain conditions.

 

What is the difference between settled status and pre-settled status?
Settled status is granted to individuals who have lived in the UK for five continuous years. It allows indefinite stay and access to full rights and benefits. Pre-settled status is granted to individuals who have not yet reached five years of continuous residence. It allows a stay of up to five years, after which they can apply for settled status.

What documents do I need to apply?
You will need a valid passport or national identity card and proof of residence in the UK, such as utility bills, bank statements, or employment records.

 

Do I need to submit biometric data?
Most applicants residing in the UK who have a biometric passport or residence card do not need to submit additional biometric data. If required, you may need to attend an appointment at a UK Visa and Citizenship Application Services (UKVCAS) centre.

 

What happens if I miss the application deadline?
Late applications are accepted if there are reasonable grounds for missing the deadline. Examples include serious medical conditions, lack of capacity, or other compelling reasons. It’s important to apply as soon as possible.

 

Can I apply if I already have permanent residence or indefinite leave to remain (ILR)?
Yes, individuals with permanent residence or ILR still need to apply to the EU Settlement Scheme to obtain settled status. The process is usually straightforward for these applicants.

 

What rights do I have with settled status?
With settled status, you can live in the UK indefinitely, work, access the NHS, enrol in education, access public funds and benefits, and travel in and out of the UK freely.

 

What rights do I have with pre-settled status?
With pre-settled status, you can live in the UK for up to five years, work, access the NHS, enrol in education, and travel in and out of the UK. However, you should transfer to full settled status once you complete five years of continuous residence to secure indefinite permission to remain.

 

How do I prove my settled status?
Your status is digital. You can view and prove your status online using the “View and Prove Your Status” service on the UK government website. You can share your status with employers, landlords, and other service providers through a secure online system.

 

Can my family members join me in the UK?
Yes, close family members can join you in the UK if the relationship exists by 31 December 2020 and continues to exist.

 

How long does it take to process my application?
Most applications are processed within a few weeks. However, processing times can vary depending on individual circumstances. You can check the status of your application online.

 

What if my application is refused?
If your application is refused, you can either apply again with additional information or appeal the decision. Detailed guidance is provided with the decision letter.

 

 

Section I: Glossary

 

EU Settlement Scheme: A UK government initiative designed to protect the rights of EU, EEA, and Swiss citizens and their family members residing in the UK post-Brexit by allowing them to apply for settled or pre-settled status.

Settled Status: Status granted to individuals who have lived in the UK for a continuous period of five years. It allows them to stay indefinitely, work, access healthcare, education, public funds, and benefits.

Pre-Settled Status: Status granted to individuals who have not yet reached five years of continuous residence in the UK. It allows them to stay for up to five years, during which they can work, access healthcare, education, and some benefits. They can apply for settled status after completing five years of continuous residence.

Continuous Residence: Living in the UK for at least six months in any 12-month period for five consecutive years. Temporary absences are allowed, but extended absences could affect eligibility for settled status.

EEA (European Economic Area): Includes EU countries plus Iceland, Liechtenstein, and Norway. Citizens of these countries are eligible to apply for the EU Settlement Scheme.
Biometric Residence Card: An identity card containing the holder’s biometric information (photograph and fingerprints), which is used to confirm their right to stay in the UK.

eVisa: Replacing biometric residence cards in the UK from 1 January 2025 as digital proof of an individual’s UK immigration status.

Frontier Worker: An individual who lives in one country but works in another. In the context of the EU Settlement Scheme, it refers to those who were working in the UK but living in an EU, EEA, or Swiss country by 31 December 2020.

Surinder Singh Route: A provision allowing British citizens who lived with their EU, EEA, or Swiss family member in another EEA country before returning to the UK to bring their family member to the UK under the EU Settlement Scheme.

Chen Case: A legal case that established the right of non-EEA parents to reside in an EU country with their EU citizen child if the child is self-sufficient and has comprehensive sickness insurance.

Ibrahim/Teixeira Cases: Legal cases that established the right of children of EU nationals who were workers in the UK and their primary carers to reside in the UK to continue their education.

Zambrano Carers: Non-EU primary carers of British citizen children or dependent adults who would be forced to leave the EEA if the primary carer were required to leave the UK.

Grace Period: The period from 1 January 2021 to 30 June 32021, during which eligible individuals could continue living and working in the UK while applying for the EU Settlement Scheme.

UKVCAS (UK Visa and Citizenship Application Services): Service centres where applicants can provide biometric data (fingerprints and photographs) as part of their application process for various immigration statuses, including the EU Settlement Scheme.

Public Funds: Includes various welfare benefits and services such as Universal Credit, housing benefit, child benefit, and pension credit, which individuals with settled status can access.

National Insurance Number: A unique number assigned to individuals in the UK for the purposes of taxation, social security, and other government services. It is often required as part of the EU Settlement Scheme application process.

 

Section J: Additional Resources

 

UK Government – EU Settlement Scheme Guidance
https://www.gov.uk/settled-status-eu-citizens-families
This official government page offers detailed information on how to apply, eligibility criteria, and necessary documents.

 

UK Government – View and Prove Your Immigration Status
https://www.gov.uk/view-prove-immigration-status
Use this service to view your settled or pre-settled status and share it with employers, landlords, and other service providers.

 

EU Settlement Resolution Centre
https://eu-settled-status-enquiries.service.gov.uk/start
Provides support and assistance with your EU Settlement Scheme application.

 

The3Million
https://www.the3million.org.uk/
An advocacy group providing support and information for EU citizens in the UK, including guidance on the EU Settlement Scheme.

 

Settled
https://settled.org.uk/en/
A charity offering advice and support to help EU citizens secure their status in the UK.

 

Home Office Guidance Documents
https://www.gov.uk/government/collections/eu-settlement-scheme-applicant-information
Access official guidance documents, including detailed instructions and policy information related to the scheme.