If you are a European national or family member who has a right to live in the UK based on EU free movement laws, you can apply for Settled Status or Pre-Settled Status under the EU Settlement Scheme.
THE DEADLINE TO APPLY TO THE EU SETTLEMENT SCHEME IS 30 JUNE 2021. IF YOU DO NOT APPLY IN TIME, AND YOU HAVE NO OTHER PERMISSION TO STAY IN THE UK, YOU WILL BE IN THE UK UNLAWFULLY AFTER THAT DATE.
What is the EU Settlement Scheme?
Rights that EEA and Swiss nationals had to live and work in the UK under EU free movement laws will come to an end after a “transition period”. After that, you will need permission under the UK’s domestic Immigration Rules to continue living in the UK.
“Settled Status” is a grant of indefinite leave to remain under the Immigration Rules; “Pre-Settled Status” is a grant of limited leave, usually to allow you to reach the 5-year residence period required for Settled Status.
Who can apply?
You can apply as a national of an EEA member state (EU member states plus Iceland, Liechtenstein and Norway), or Switzerland.
Family members can also apply, usually in line with the main applicant. Find out more about making an application on the Home Office website:
If you have lived in the UK for at least 5 years continuously, you will probably be eligible for Settled Status. Otherwise, you will probably be eligible for Pre-Settled Status.
Your eligibility might be affected by absences from the UK during or after your residence period.
How to apply: online
Most applications can be made online. The application process involves an identification check, and the online application form.
If you have an EEA passport with a chip, or a UK residence card, you can usually use the “EU Exit: ID check” app on your phone to complete the ID check. In other cases you might have to send your passport to the Home Office, or go to a scanning centre.
After the ID check is complete, you should complete the online form and submit it.
How to apply: paper form
For some types of application you must complete a paper form. This includes:
- Family members of British citizens who have previously lived together in another EEA state (“Surinder Singh” applications)
- Family members of EEA nationals who have naturalised as British (“Lounes” applications)
- Primary carers of British citizens (“Zambrano” applications)
You might also need to use a paper form if you are unable to use the online form, or if you don’t have a valid passport or biometric identity document.
Paper forms are now available on the Home Office website: https://www.gov.uk/government/publications/apply-to-the-eu-settlement-scheme-by-post-or-email
If your application is refused
If your application is refused, in most cases you will have a right to appeal to the First Tier Tribunal (Immigration and Asylum Chamber).
There are strict time limits for appeals, and you should ensure that you appeal in time. If you appeal late, the Tribunal might refuse to consider your appeal. You are also likely to become an “overstayer”: a person without permission to be in the UK.
Further advice about the EU Settlement Scheme
If you would like further advice about applying under the EU Settlement Scheme, please contact me.