As an EU citizen living in the UK, but having not yet taken the necessary steps to secure your immigration status post-Brexit, the following guide can help you to explore the options still available to you.
We look at eligibility under the EU Settlement Scheme and the circumstances in which ‘missed pre-settled status deadline’ cases and ‘missed settled status deadline’ cases are being handled by the Home Office. We also look at the requirements for ‘EU citizen NTL’ applications, also known as No Time Limit (NTL) applications, for those with indefinite leave to remain.
What are the options for ‘missed pre-settled status deadline’ cases?
The EU Settlement Scheme (EUSS) was set up to enable EU, EEA and Swiss citizens living in the UK by the end of the Brexit transition period on 31 December 2020 to apply for lawful immigration status. In this way, these individuals would continue to have the permission they needed to live, work and study in the UK, and to access UK benefits and healthcare services.
Although the UK left the EU on 31 December 2020, a grace period was put in place for EU citizens to apply for lawful status to live in the UK post-Brexit under the EUSS up until 30 June 2021. There were two options under the EUSS: settled status and pre-settled status. Settled status was for EU citizens who had been living in the UK for 5 or more years, while pre-settled status was for those who could not yet prove 5 years’ continuous residence. However, if you have missed the deadline to apply for either settled or pre-settled status, all is not lost.
If you have not resided in the UK for at least 5 years, you may still be able to apply for pre-settled status under the EUSS, although you must meet one of the criteria for a later deadline. For example, if you are joining a family member living in the UK by 31 December 2020, your deadline will be based on your arrival date, provided you were their family member by 31 December 2020 and the family relationship still exists when you apply. In these circumstances, you will have 90 days to apply from when you arrived in the UK, provided you joined them on or after 1 April 2021. If you joined them before that date, your deadline was 30 June 2021.
You may also be able to apply under the EUSS if you have ‘reasonable grounds’ for not applying by 30 June 2021. There are a number of scenarios that count as reasonable grounds for not applying to the EUSS by the deadline date, including you had a serious medical condition which prevented you from applying or you have been in an abusive or controlling relationship. This list is not exhaustive, and Home Office caseworkers are expected to adopt a ‘flexible and pragmatic approach’ when considering whether there are reasonable grounds.
You will need to provide evidence to support the reason or reasons you give for missing the deadline. However, if you are the primary carer of a British citizen and you apply by 25 July 2022, you will not have to provide evidence of why you missed the 30 June 2021 deadline.
What are the options for ‘missed settled status deadline’ cases?
If you already have pre-settled status under the EUSS, but have not yet accrued 5 years’ continuous residence, you will still be able to transfer to settled status once you meet the qualifying residence requirement.
The 5 years is calculated from the day you started your period of continuous residence, and not the day you were granted pre-settled status. For example, if you came to the UK on 29 December 2020 and obtained pre-settled status on 29 June 2021, you will be eligible for settled status on 29 December 2025, after you have lived in the UK for 5 years. However, you may not be eligible for settled status if during that 5 years you spent in excess of 6 months outside the UK in any 12-month period.
If you have accrued 5 years’ continuous residence but have not yet obtained either settled or pre-settled status, as with any late EUSS application, you will need to show reasonable grounds for failing to apply by 30 June 2021. It will still be free to apply to the EUSS, both for settled and pre-settled status, although you should seek urgent legal advice to maximise your chances of a successful outcome. Your legal advisor can also help you to explore any other immigration options that may be available to you, such as a work or study visa.
What are the options for EU citizen NTL cases?
Many EU citizens have been living lawfully in the UK for several years with indefinite leave status, but may have doubts over whether or not they are now living in the UK legally post-Brexit, especially where this is not clear from their passports or any old-style document, or they no longer have any documentary proof of their indefinite leave. The good news is that many of these citizens will now be eligible to make a free-of-charge No Time Limit (NTL) application to have their status confirmed.
Please note, if you have been granted settled status under the EUSS, you will not need to make an EU citizen NTL application. You will already have secure digital status permitting you to stay in the UK indefinitely. Equally, if you have pre-settled status under the EUSS, you will instead need to apply for settled status having resided in the UK for 5 continuous years.
What is an EU citizen NTL application?
An EU citizen NTL application is essentially an administrative process by which an EU citizen in the UK with either indefinite leave to enter (ILE) or indefinite leave to remain (ILR) can apply for confirmation of their lawful status on their eVisa. Any person who holds ILE or ILR, and is ordinarily resident in the UK, will be free from immigration time restrictions and will be classed as settled. Provided you are eligible, you can apply for an NTL eVisa where:
- you would like to upgrade any non-digital proof of your ILR or ILE status, for example, where you have a passport vignette sticker, you can exchange this for digital confirmation of your immigration status in the form of an eVisa
- your passport containing an ILE or ILR endorsement has been lost, stolen or has expired
- you have legitimately changed your identity since being granted indefinite leave and would like this confirmed.
Who is eligible to make an EU citizen NTL application?
To be eligible to make an EU citizen NTL application, you must:
- be in the UK with either ILE or ILR
- have not lost your ILE or ILR status, for example, by being absent from the UK for more than 2 continuous years since 2000
- continue to be entitled to ILE/ILR, where this status has not been or will not be revoked.
As an EU citizen, if you were granted indefinite leave under the Immigration Rules prior to 30 April 2006, when the right of permanent residence came into force under the EEA Regulations, or before the EU country of which you are a national joined the EU, you may be eligible to apply. You may also be eligible as the spouse or partner of a person present and settled in the UK if you were granted indefinite leave on this basis, or as the holder of ILR under a route associated with the European Communities Association Agreement with Turkey.
You will not be eligible for an NTL eVisa if you are an EU citizen or their family member who acquired a right of permanent residence under the Immigration (European Economic Area) Regulations 2016 before these regulations were revoked on 31 December 2020. In these circumstances, you will instead need to make an application under the EUSS.
What are the benefits of making an EU citizen NTL application?
It is not mandatory to apply for an NTL as an EU citizen with indefinite leave, although there are a number of benefits in you making an application, including the fact that an eVisa is evidence that you have the right to reside permanently in the UK, together with the right to work and access certain state benefits, providing you with peace of mind and facilitating travel both overseas and coming back to the UK.
How to make an EU citizen NTL application
To make an EU citizen NTL application, you must apply from inside the UK using the online NTL application form. This can be found at GOV.UK. You will also be required to provide your biometric information and submit supporting documentation. This must include, among other things, any existing documentary proof of indefinite leave and photographic evidence confirming your identity, such as a passport, driving licence or national identity card.
If you are eligible to make an EU citizen NTL application, you may be able to include any dependants on your application, provided they also have indefinite leave. This can include your spouse, civil partner, unmarried partner and any children under the age of 18.
Once an EU citizen NTL application has been submitted, and all supporting documentation has been received by the Home Office, your application should be decided within 6 months, although this could take up to 6 months where further information is requested. However, the benefits of having an eVosa can make this worth the wait, where this can be used to prove your right to live and work in the UK. It can also facilitate an application for British citizenship.
EU Citizen NTL FAQs
What is No Time Limit (NTL)?
No Time Limit (NTL) is an application process that allows individuals with Indefinite Leave to Enter (ILE) or Indefinite Leave to Remain (ILR) to obtain updated documentation, such as a Biometric Residence Permit (BRP) or eVisa, to confirm their immigration status.
Who is eligible to apply for NTL?
Individuals who have been granted ILE or ILR but lack up-to-date evidence of their status, such as those holding old-style paper documents or passport stamps, are eligible to apply for NTL.
Why should I apply for NTL?
Applying for NTL ensures you have modern, secure proof of your immigration status. This makes it easier to prove your right to live, work, and access services in the UK and helps prevent potential issues with outdated documentation.
How much does it cost to apply for NTL?
The application for NTL is free of charge. However, you may need to pay for biometric enrolment if required.
How do I apply for NTL?
You can apply online via the UK Government’s website. The application process involves completing a form, providing supporting documents, and possibly attending a biometric appointment.
Can EU citizens apply for NTL?
Yes, EU citizens who have been granted ILE or ILR and lack updated proof of their status can apply for NTL. However, if you have settled or pre-settled status under the EU Settlement Scheme, you do not need to apply for NTL.
What documents do I need for an NTL application?
You will need proof of your original ILE or ILR grant, identity documents, and evidence supporting your residency in the UK. Specific requirements may vary depending on your circumstances.
How long does it take to process an NTL application?
Processing times can vary, but most applications are completed within eight weeks. However, delays may occur if additional checks or documentation are required.
Does NTL affect my immigration status?
No, applying for NTL does not change your immigration status. It simply provides you with modern documentation to prove your existing rights.
What should I do if my NTL application is refused?
If your application is refused, you can request an administrative review or seek legal advice to understand your options and address any issues raised in the refusal.
Glossary
| Term | Definition |
|---|---|
| No Time Limit (NTL) | A status that replaces old-style immigration documents, confirming indefinite leave to remain (ILR) without a time restriction. |
| Indefinite Leave to Remain (ILR) | The right to live, work, and remain in the UK without any immigration time restrictions. |
| Biometric Residence Permit (BRP) | A physical card that provides evidence of an individual’s immigration status in the UK. |
| EU Settlement Scheme (EUSS) | A Home Office programme allowing EU, EEA, and Swiss citizens to secure their immigration status in the UK post-Brexit. |
| Settled Status | Status granted under the EU Settlement Scheme, equivalent to indefinite leave to remain for eligible individuals. |
| Pre-Settled Status | Temporary immigration status granted under the EU Settlement Scheme, typically leading to settled status after 5 years. |
| Right to Reside | The legal right of an individual to live in a particular country, often linked to their immigration status. |
| Immigration Status | The legal condition that determines an individual’s rights and responsibilities while in the UK. |
| Home Office | The UK government department responsible for immigration, security, and law enforcement. |
| Legacy Documents | Old-style immigration documents, such as stamps or paper certificates, issued before the introduction of BRPs. |
| Immigration Health Surcharge (IHS) | A fee paid by most visa applicants to access healthcare in the UK through the National Health Service (NHS). |
| EEA Citizens | Nationals of countries within the European Economic Area, which includes EU countries and Iceland, Liechtenstein, and Norway. |
| Proof of Status | Documentation or digital evidence confirming an individual’s legal right to reside and work in the UK. |
| Electronic Visa (eVisa) | A digital form of immigration status, accessible online, introduced to replace physical BRPs. |
Additional Resources
UK Home Office – No Time Limit (NTL) Guidance
https://www.gov.uk/government/publications/no-time-limit-guidance
Official guidance on applying for NTL, replacing legacy documents with updated proof of immigration status.
UK Home Office – EU Settlement Scheme (EUSS)
https://www.gov.uk/settled-status-eu-citizens-families
Comprehensive details about the EU Settlement Scheme, including applying for settled or pre-settled status.
UK Visas and Immigration (UKVI) – Immigration Status Advice
https://www.gov.uk/view-prove-immigration-status
A service to view and prove your immigration status online, including eVisas and BRP information.
Citizens Advice – Immigration Status and Applications
https://www.citizensadvice.org.uk/immigration
Practical advice and support for EU citizens navigating immigration applications, including NTL.
The3Million – EU Citizens’ Rights in the UK
https://www.the3million.org.uk/
A non-profit organisation providing information and advocacy for EU citizens living in the UK post-Brexit.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
