The EU Settlement Scheme (EUSS) allows EU, EEA, and Swiss citizens and their family members to continue living, working, and studying in the UK after Brexit. Those eligible must apply to obtain settled or pre-settled status, securing their rights to healthcare, work, and public services. The scheme was introduced to protect the rights of EU citizens who were residing in the UK before the end of the Brexit transition period.
Who Can Apply?
EU, EEA, or Swiss citizens living in the UK before 31 December 2020. Family members of EU, EEA, or Swiss citizens, including spouses, civil partners, dependent children, and other dependent relatives. Applicants who arrived after 31 December 2020 may be eligible under specific family reunion rules. Applicants must demonstrate residence in the UK and prove their relationship to the qualifying EU citizen where applicable.
Pre-Settled and Settled Status
Pre-Settled Status: For applicants who have not yet lived in the UK for 5 years continuously. This status allows you to stay until you reach the 5-year mark, after which you can apply for settled status.
Settled Status: Granted to applicants who have lived in the UK for 5 years continuously, giving indefinite leave to remain rights and a pathway to British citizenship.
Continuous residence allows short absences from the UK (usually up to 6 months in any 12-month period, with some exceptions).
Extensions from Pre-Settled to Settled Status
Once you have held pre-settled status and have reached 5 years of continuous residence, you can apply for settled status. You must not have exceeded allowed absences (generally 6 months in any 12-month period, with some exceptions for pregnancy, study, or serious illness).
FAQs
How do I apply to upgrade from pre-settled to settled status?
You must apply online providing evidence of continuous residence in the UK.
What counts as continuous residence?
Generally, absences of up to 6 months in any 12-month period are allowed. Longer absences may be permitted for pregnancy, serious illness, or study abroad.
Can my family members apply separately?
Yes, but they must demonstrate their relationship to the EU citizen and meet residence requirements.
Can I work or study on pre-settled status?
Yes, you have full rights to work, study, and access public services while holding pre-settled or settled status.
Can I travel outside the UK while on pre-settled status?
Yes, but you must not exceed the permitted absence limits if you intend to qualify for settled status later.
Can I apply if I have a criminal record?
Certain criminal convictions may affect your application. Legal advice is recommended for applicants with a criminal history.
How does the scheme affect future British citizenship applications?
Settled status provides the legal foundation to apply for Indefinite Leave to Remain and, subsequently, British citizenship.
How We Can Help
Applying under the EU Settlement Scheme may seem straightforward, but errors or missing documentation can result in delays or refusals. We provide comprehensive guidance throughout the process.
For those holding pre-settled status, we guide you through the extension process to settled status, reviewing your continuous residence, verifying evidence, and submitting your application correctly to maintain your rights.