EU Settlement Scheme
The EU Settlement Scheme (EUSS) was introduced to protect the residence rights of eligible EU, Swiss, Norwegian, Icelandic and Liechtenstein citizens and their qualifying family members following the UK’s departure from the European Union.
Eligible applicants can be granted either settled status or pre-settled status, depending on their circumstances and residence history.
The majority of applications had to be made by 30 June 2021, but eligible people may still be able to apply in certain circumstances, including where they can demonstrate reasonable grounds for making a late application.
What Is the EU Settlement Scheme?
The EUSS allows eligible people who have a qualifying connection with the UK to obtain immigration status allowing them to continue living in the country.
There are two main forms of status:
- Settled status
- Pre-settled status
Settled status generally provides indefinite permission to remain under the EUSS.
Pre-settled status provides limited permission and can potentially lead to settled status where the relevant requirements are met.
Who May Be Eligible?
The EUSS primarily covers eligible EU, Swiss, Norwegian, Icelandic and Liechtenstein citizens and certain qualifying family members.
Eligibility can also arise in specific circumstances involving family relationships, Northern Ireland, children and other categories recognised by the Immigration Rules.
The rules are detailed, particularly where the applicant is not an EU national but is applying as the family member of an eligible person.
Settled Status
Settled status is a form of indefinite leave under the EUSS.
It allows an eligible person to continue living in the UK without the time-limited nature of pre-settled status.
Applicants need to meet the relevant requirements concerning their residence and eligibility.
In certain circumstances, eligible people with pre-settled status may have their status extended or may be automatically converted to settled status where the relevant conditions are met. Pre-settled status can be extended by five years shortly before it is due to expire, and eligible individuals may also apply for settled status.
Pre-Settled Status
Pre-settled status is intended for people who meet the requirements for limited leave under the EUSS but have not yet qualified for settled status.
People with pre-settled status should pay attention to their residence and status because they may eventually need to move to settled status.
Changes to the EUSS have also introduced automatic extensions and automatic conversions in certain circumstances.
Late EUSS Applications
Although the main deadline was 30 June 2021, eligible people may still be able to apply after the deadline.
The applicant generally needs to demonstrate reasonable grounds for the delay.
The reasons must explain why the person could not apply by the deadline or during the period afterwards. Evidence may be required to support the explanation.
Examples of circumstances that may potentially amount to reasonable grounds include:
- A parent or guardian failing to apply for a child
- Serious medical circumstances
- Lack of capacity
- Significant care or support needs
- Domestic abuse or a controlling relationship
- Certain circumstances involving people who came to the UK on another visa
- Other compelling practical or compassionate reasons
Each case must be assessed on its individual facts.
Evidence for an EUSS Application
Evidence may be required to demonstrate identity, residence and eligibility.
Depending on the application, this can include:
- Passport or identity document
- Evidence of UK residence
- Evidence of family relationship
- Marriage or civil partnership documents
- Birth certificates
- Evidence relating to a qualifying sponsor
- Evidence explaining a late application
Where the application is late, the evidence should clearly address the entire period of delay where required.
Family Members
Certain family members of eligible EU, Swiss and other qualifying citizens may be able to apply under the EUSS.
The relationship must meet the requirements of the relevant rules.
Depending on the circumstances, evidence can include marriage certificates, civil partnership documents, birth certificates and evidence of the family member’s EUSS status.
Settled Status and Time Outside the UK
A person’s absences from the UK can be relevant to their EUSS status.
The rules concerning absence differ depending on whether someone has settled or pre-settled status and the circumstances in which their status was granted.
People with settled status can generally spend up to five consecutive years outside the UK without losing their settled status, subject to the applicable rules. Different provisions apply to Swiss citizens and certain family members.
Existing Indefinite Leave to Remain
People who already held indefinite leave to enter or remain may not need EUSS status to continue living in the UK.
However, certain people with existing ILR may still choose to apply under the EUSS where they are eligible.
The benefits and absence rules associated with EUSS settled status can differ from older forms of ILR.
EUSS Refusals
If an EUSS application is refused, the decision should be reviewed carefully.
The available options can depend on the type of decision, the applicant’s circumstances and the reasons given by the Home Office.
Applicants should act promptly because immigration status and appeal or review deadlines can be important.
How We Can Help
SWM Solicitors advises eligible EU, Swiss and other qualifying applicants and family members on EU Settlement Scheme matters.
We can assist with assessing eligibility, reviewing residence history, preparing evidence, dealing with late applications and advising on pre-settled and settled status.
Where an application is refused or there are concerns about residence, family relationships or a late application, we can review the circumstances and advise on the available options.