Overview
The EU Settlement Scheme allows EU, EEA, and Swiss citizens and their family members to continue living in the UK after Brexit. The scheme provides two statuses: settled status and pre-settled status. Settled status is akin to indefinite leave to remain and grants permanent residency rights in the UK.
Criteria for Eligibility
Residence Requirement:
- You must have lived in the UK for a continuous 5-year period (known as ‘continuous residence’).
- Continuous residence means being in the UK for at least 6 months in any 12-month period for 5 years in a row.
Exceptions to Continuous Residence:
- One period of up to 12 months for an important reason (e.g., childbirth, serious illness, study, vocational training, overseas work posting).
- Compulsory military service of any length.
- Time spent abroad as a Crown servant, or the family member of a Crown servant, or the family member of a British citizen (in specific circumstances).
Application Process:
Online Application:
- Apply online through the UK government’s EU Settlement Scheme portal.
Supporting Documents:
- Proof of identity (valid passport or national identity card).
- Proof of residence in the UK (e.g., utility bills, bank statements, employment records).
- National Insurance number if you have one (to help establish your residence).
Biometric Information:
- You may need to provide biometric information (photograph and fingerprints).
Application Fee:
- Applying for settled status is free.
Rights and Benefits of Settled Status:
Right to Stay Indefinitely:
- Live, work, and study in the UK indefinitely.
Access to Public Services:
- Access to healthcare, pensions, and other public services on the same basis as British citizens.
Family Reunification:
- Ability to bring close family members to the UK, provided the relationship existed by 31 December 2020.
Path to Citizenship:
Apply for British citizenship after holding settled status for 12 months (unless married to a British citizen, in which case you can apply immediately upon receiving settled status).
Latest Updates from the Home Office:
Deadline for Applications:
- The main application deadline was 30 June 2021, but late applications can still be made under certain circumstances (e.g., having reasonable grounds for missing the deadline).
Grace Period:
- Individuals who applied by the deadline but have not received a decision yet are protected by interim rights.
New Guidance for Late Applications:
- The Home Office has provided updated guidance on what constitutes ‘reasonable grounds’ for late applications, including health reasons, domestic abuse, and lack of digital skills.
Changes to Documentation Requirements:
- Recent updates have simplified the documentation requirements, making it easier for applicants to prove their residence and identity.
Support for Vulnerable Applicants:
- Increased support for vulnerable and at-risk applicants, including assistance from charities and community organizations funded by the Home Office.
Continuous Monitoring:
- The Home Office continues to monitor and update the scheme, providing ongoing support and adjustments to ensure all eligible individuals can secure their status.
Key Points to Remember:
Apply Early:
- Even though the main deadline has passed, eligible individuals should apply as soon as possible to secure their status and rights in the UK.
Keep Documents Ready:
- Maintain and gather documentation proving your continuous residence and identity to facilitate a smooth application process.
Stay Informed:
- Regularly check the official UK government website for updates and new guidance.
Seek Assistance:
- If you encounter any issues or complexities, consider seeking advice from an immigration advisor or solicitor, especially for late applications or if additional support is needed.
Further Resources:
- Apply to the EU Settlement Scheme
- Guidance on Late Applications
FAQ (Frequently asked questions):
Settled Status allows EU, EEA, and Swiss citizens and their family members to continue living in the UK indefinitely. It’s equivalent to indefinite leave to remain.
You are eligible if you:
- Have lived in the UK for a continuous 5-year period (known as ‘continuous residence’).
- Are an EU, EEA, or Swiss citizen or their family member.
Continuous residence means living in the UK for at least 6 months in any 12-month period for 5 years in a row. Exceptions include:
- One period up to 12 months for an important reason (e.g., childbirth, serious illness, study).
- Compulsory military service.
- Time spent abroad as a Crown servant or as a family member of a Crown servant.
- Apply online through the UK government’s EU Settlement Scheme portal.
- Provide proof of identity (valid passport or national identity card).
- Provide proof of residence in the UK (e.g., utility bills, bank statements).
- Provide biometric information if required.
- Valid passport or national identity card.
- Evidence of UK residence (e.g., utility bills, bank statements, employment records).
- National Insurance number if available.
No, applying for Settled Status is free.
- Right to live, work, and study in the UK indefinitely.
- Access to healthcare, pensions, and other public services.
- Ability to bring close family members to the UK.
- Path to British citizenship after holding settled status for 12 months.
If you miss the application deadline, you may lose your right to live, work, and access services in the UK. However, late applications may be accepted under certain circumstances.
Yes, you can apply after the deadline if you have reasonable grounds for missing it (e.g., health issues, lack of digital skills). The Home Office has provided guidance on acceptable reasons for late applications.
Most applications are processed within a few weeks. However, processing times can vary.
Yes, close family members (spouses, civil partners, children, grandchildren, parents, grandparents) can apply for Settled Status.
If you haven’t lived in the UK for 5 years, you can apply for Pre-Settled Status, which allows you to stay in the UK for a further 5 years. Once you reach 5 years of continuous residence, you can apply for Settled Status.
You can lose Settled Status if you leave the UK for more than 5 consecutive years (4 years for Swiss citizens and their family members).
With Settled Status, you can travel in and out of the UK without restrictions. However, you must not spend more than 5 consecutive years outside the UK (4 years for Swiss citizens and their family members) to maintain your status.
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