The EU Settlement Scheme (EUSS) provides a way for certain individuals from the European Union (EU), Switzerland, Norway, Iceland, or Liechtenstein, along with their family members, to secure permission to remain in the UK following the end of free movement rights. According to gov.uk guidance, successful applicants generally receive either settled status or pre-settled status, depending on their length of continuous residence. This article outlines key rules and requirements in general terms.
Who Typically Qualifies for the EU Settlement Scheme?
Gov.uk states that nationals of the EU, Switzerland, Norway, Iceland, or Liechtenstein who were living in the UK by 31 December 2020 may be eligible. Family members of these individuals can also apply, including those connected to eligible persons from Northern Ireland. The scheme aims to formalise existing residence rights under the Withdrawal Agreement.
- EU, EEA (excluding UK), and Swiss nationals resident in the UK by the specified date
- Close family members such as spouses, civil partners, durable partners, dependent children, or dependent parents
- Certain extended family members meeting specific criteria
- Joining family members arriving after 31 December 2020, subject to conditions
Application Deadline Passed for Most
The standard deadline for applications was 30 June 2021. Late applications are possible only under specific circumstances, such as for those with pre-settled status seeking an upgrade or joining family members arriving post-2020. Always verify current rules on gov.uk.
Key Deadlines and Exceptions
For most applicants, the cut-off date to submit an application was 30 June 2021. However, this does not affect individuals with existing pre-settled status applying for settled status. Joining family members have deadlines tied to their arrival date after 31 December 2020, provided the family relationship existed by the end of 2020 (except for children born or adopted later) and continues at application time.
| Scenario | Deadline Details |
|---|---|
| Standard applications | 30 June 2021 |
| Pre-settled to settled | No fixed deadline; eligible after 5 years continuous residence |
| Joining family | Within 3 months of arrival post-31 Dec 2020, if relationship pre-dates 2021 |
| Irish citizens or those with indefinite leave | No application needed |
No Need to Apply in Some Cases
Irish citizens or individuals holding indefinite leave to enter or remain generally have protected rights without EUSS status, per gov.uk.
Settled Status vs Pre-Settled Status
The outcome of an EUSS application depends on continuous lawful residence in the UK. Settled status is typically granted after 5 continuous years, offering indefinite leave to remain. Pre-settled status applies to shorter periods, granting limited leave for up to 5 years.
Status Comparison
Rules for Pre-Settled Status Holders
Gov.uk guidance indicates that pre-settled status is automatically extended by 5 years shortly before expiry, with an email notification sent. It may then convert automatically to settled status if residence requirements are met. Holders can apply for settled status once eligible after 5 years. The Home Office might not proceed with extension or conversion if criteria are no longer satisfied.
Check Residence
Confirm 5 continuous years in the UK since grant of pre-settled status.
Prepare Evidence
Gather proof of ongoing residence and family ties if applicable.
Apply Online
Use the gov.uk portal; applications are free.
Await Decision
Receive digital status update via eVisa account.
Protecting Rights Before and During Application
Without an EUSS application and certificate of application (CoA), rights in the UK are unprotected. This impacts access to employment, rentals in England, benefits, and NHS services (beyond emergencies). Submitting an application generates a CoA, safeguarding rights until a decision or appeal outcome. The CoA can be accessed online and proves eligibility for services.
Joining Family Members
Automatic protection lasts 90 days from UK arrival. Proof of application submission is required thereafter to maintain access to rights.
Arriving illegally leads to application refusal, according to gov.uk.
Application Process and Fees
Applications to the EU Settlement Scheme are free, with no fee required. The process is primarily online via the gov.uk website, using a UKVI account. Biometric information may be needed for some.
- 1Create or access UKVI account
- 2Submit application with evidence of residence and identity
- 3Receive CoA immediately online
- 4Track status and get decision digitally
Continuous Residence Explained
Gov.uk defines continuous residence as limited absences, generally not exceeding 6 months in any 12-month period, with allowances for longer breaks due to important reasons like study or serious illness. Time before 31 December 2020 counts towards the 5-year threshold.
What Happens After Applying?
Post-submission, applicants receive updates via email and online account. Decisions grant digital status viewable in the eVisa system. While waiting, the CoA serves as proof of rights.
Common Scenarios and Requirements
| Family Type | Key Requirements |
|---|---|
| Spouse/Partner | Relationship existed by 31 Dec 2020 or ongoing durable partnership |
| Dependent Child | Under 21 or financially dependent; born/adopted later OK for late apps |
| Parent | Dependent on applicant; specific evidence needed |
| Extended Family | Prior UKVI approval or EEA residence card |
FAQ
Can I apply after the 30 June 2021 deadline?
Possibly, if holding pre-settled status or as a joining family member meeting arrival conditions, per gov.uk rules.
What is a certificate of application?
A document issued upon submission, protecting rights to work, rent, and services until decision.
How much does it cost?
Applications are free.
Does pre-settled status expire?
It auto-extends by 5 years before expiry, potentially converting to settled.
What if I enter the UK illegally?
Such applications are refused.
Do Irish citizens need to apply?
Generally no, as they have separate rights.
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