Table of Contents
EU Settlement Scheme Settled Status.
Eligibility for the EU Settlement Scheme.
Resident EU, EEA, and Swiss citizens.
Deadline for Applying to the EU Settlement Scheme.
Demonstrating 5 Years’ Continuous Residence.
Who Should Apply to the EU Settlement Scheme?.
Who Else Can Apply to the EU Settlement Scheme?.
EU Settlement Scheme Settled Status
Eligibility for the EU Settlement Scheme
Resident EU, EEA, and Swiss citizens
The EU Settlement Scheme is open to resident EU, EEA, and Swiss citizens and their family members who started living in the UK by 31 December 2020 (the end of the ‘Withdrawal Period’) and are seeking to remain after the expiry of the ‘Grace Period’ on 30 June 2021.
Granting of Settled Status
Eligible persons who have completed a continuous 5-year period of qualifying residence in the UK will be granted indefinite leave to remain in the UK, also known as Settled Status. Most applicants now eligible to apply for Settled Status will already have been granted Pre-Settled Status. If you are not eligible for Settled Status under the EU Settlement Scheme solely because you have not completed a continuous qualifying period of residence of at least 5 years, then you will be granted Pre-Settled Status.
Joining family members
The EU Settlement Scheme is also open to joining family members, who have an EU, EEA, or Swiss relative who started living in the UK by 31 December 2020 where the relevant relationship was formed prior to this date and continues to exist at the date of application. They will usually first have to apply for an EU Settlement Scheme Family Permit to enter the UK and must then apply for Pre-Settled Status to remain living in the UK. After a continuous period of 5 years with Pre-Settled Status, they might then be able to apply for Settled Status.
Deadline for Applying to the EU Settlement Scheme
Grace Period deadline
The deadline for making an application to the EU Settlement Scheme for EEA nationals and their family members who were resident in the UK prior to 31 December 2020 was 30 June 2021 (the end of the ‘Grace Period’). Those who were not yet eligible for Settled Status by that date were able to apply for Pre-Settled Status and subsequently would be eligible to apply for Settled Status after a continuous qualifying period of residence of 5 years.
Late applications
If an application was not made for either Settled or Pre-Settled Status by this date, then you may still be able to apply if there are reasonable grounds for making a late application. See EU Settlement Scheme Deadlines & Late Applications and EU Settlement Scheme Deadlines and Late Applications.
Settled Status Requirements
Qualifying criteria
In order to qualify for Settled Status, you will need to satisfy UK Visas & Immigration that:
- You are a relevant EEA citizen; or
- You are a family member of a relevant EEA citizen; or
- You are a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
- You are a person with a derivative right to reside; or
- You are a person with a Zambrano right to reside; and
- You started living in the UK by 31 December 2020 (or you are a joining family member who arrived after 31 December 2020 and subsequently completed a continuous qualifying period of residence of at least 5 years); and
- You have completed a continuous qualifying period of residence of at least 5 years.
The exact requirements you will need to satisfy will vary depending on your circumstances. You may want to speak to an immigration solicitor for expert advice.
What is Settled Status?
Settled Status is granted to applicants to the EU Settlement Scheme who are able to demonstrate 5 years’ continuous residence in the UK, the Channel Islands, or the Isle of Man. Unless you are a joining family member, you will need to have started living in the UK by 31 December 2020.
If you are granted Settled Status, you will be able to stay in the UK indefinitely. You can also spend up to 5 years in a row outside the UK (or 4 years if you are a Swiss citizen) without losing your Settled Status.
Demonstrating 5 Years’ Continuous Residence
In order to demonstrate 5 years’ continuous residence, you will need to demonstrate that you have lived in the UK, the Channel Islands, or the Isle of Man for at least 6 months in every 12 months during a consecutive 5-year period.
Under the Immigration Rules, the following absences will not be considered to break the continuous qualifying period:
- A single period of up to 12 months for an important reason such as childbirth, serious illness, study, vocational training, or an overseas work posting.
- A period of compulsory military service of any length.
- Time spent abroad as a Crown servant or as the family member of a Crown servant.
- Time spent abroad in the armed forces or as the family member of someone in the armed forces.
The Home Office has published a number of additional concessions relating to absences which are as a result of COVID-19.
Who Should Apply to the EU Settlement Scheme?
EU, EEA, and Swiss citizens
You should apply to the EU Settlement Scheme if you are an EU, EEA, or Swiss citizen. Consideration should be given to whether the deadlines set out above apply to your application.
Family members
You should also apply to the EU Settlement Scheme if you are not an EU, EEA, or Swiss citizen but you are a family member of an EU, EEA, or Swiss citizen. Again, consideration should be given as to whether the deadlines set out above apply to your application.
Relevant family members include the spouse, civil partner, or unmarried partner of an EU, EEA, or Swiss citizen, as well as the child, grandchild, or great-grandchild under 21 years old, dependent child over the age of 21, dependent parent, grandparent, or great-grandparent, or dependent relative of either an EU, EEA, or Swiss citizen or their spouse or civil partner. The evidence of family relationships varies for each type of family member. Generally, a relationship needs to have existed prior to 31 December 2020. Considerations should also be given as to whether this will first entail applying for an EU Settlement Scheme Family Permit where the relevant family member resides abroad.
Who Else Can Apply to the EU Settlement Scheme?
You may be eligible to apply to the EU Settlement Scheme if you are not an EU, EEA, or Swiss citizen and:
- You are a family member of an EU, EEA, or Swiss citizen who is a British citizen or has indefinite leave to remain in the UK.
- You are the family member of an EU, EEA, or Swiss citizen who is under 18 and you are in local authority care.
- You are the primary carer of a British, EU, EEA, or Swiss citizen.
- You are the child of a relevant child.
- You are the child of a relevant child’s primary carer.
- You are the primary carer of a relevant child.
- You are a person with a Zambrano right to reside.
- You are a person with a derivative right to reside.
Each of these categories has its own specific requirements and considerations. It is advisable to seek legal advice from an immigration solicitor to determine if you meet the eligibility criteria.
Please note that the information provided here is for general guidance only and does not constitute legal advice. For specific advice tailored to your circumstances, it is recommended to consult with an immigration solicitor.
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