Currently, translated information materials for the EU Settlement Scheme
are not accessible as they are undergoing updates. Once the translation
updates are complete, these materials will be made available to ensure
comprehensive guidance for non-English speakers. In the meantime, you
might want to explore official governmental websites or reputable
organizations involved with EU settlement issues for additional resources
and support in various languages.
Eligibility for the EU Settlement Scheme
“The EU Settlement Scheme is open to resident EU, EEA, and Swiss
citizens and their family members who started living in the UK by 31
December 2020 (the end of the ‘Withdrawal Period’) and are seeking to
remain after the expiry of the ‘Grace Period’ on 30 June 2021.
Eligible persons who have completed a continuous 5-year period of
qualifying residence in the UK will be granted indefinite leave to remain in
the UK, also known as Settled Status. Most applicants now eligible to apply
for Settled Status will already have been granted Pre-Settled Status. If you
are not eligible for Settled Status under the EU Settlement Scheme solely
because you have not completed a continuous qualifying period of
residence of at least 5 years, then you will be granted Pre-Settled Status.
To qualify for Pre-Settled Status, you must meet specific criteria set by UK
Visas & Immigration. Here’s what you need to satisfy:
- You are a relevant EEA citizen; or
- You are a family member of a relevant EEA citizen; or
- You are a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
- You are a person with a derivative right to reside; or
- You are a person with a Zambrano right to reside.
Additionally, you must have started living in the UK by 31 December 2020.
It’s important to note that the exact requirements can vary based on
individual circumstances. Consulting with an immigration lawyer can
provide personalized guidance.
From September 2023, if you have pre-settled status under the EU
Settlement Scheme (EUSS), your status will automatically be extended by
2 years before it expires if you have not obtained settled status. This
ensures that you do not lose your immigration status if you haven’t applied
to switch from pre-settled to settled status.
For those who missed the original application deadline of 30 June 2021, it’s
still possible to apply if the deadline didn’t apply to you or if you have
reasonable grounds for the delay. It’s crucial for EU citizens living in the UK
to apply to continue living lawfully, regardless of how long you’ve resided in
the UK.
If you’re applying for yourself and your children, begin with your own
application. For those who’ve already started, you can continue your
application seamlessly. This structured approach helps in maintaining
compliance with the UK immigration requirements.”
This comprehensive understanding of the eligibility criteria ensures you
know where you stand in the process of securing your status in the UK.
Joining family members
The EU Settlement Scheme is also open to joining family members, who
have an EU, EEA, or Swiss relative who started living in the UK by 31
December 2020, where the relevant relationship was formed prior to this
date and continues to exist at the date of application. They will usually first
have to apply for an EU Settlement Scheme Family Permit to enter the UK
and must then apply for Pre-Settled Status to remain living in the UK. After
a continuous period of 5 years with Pre-Settled Status, they might then be
able to apply for Settled Status.
To qualify for an EU Settlement Scheme Family Permit, you need to meet
specific criteria:
- Non-EEA Citizen: You must be a non-EEA citizen.
- Close Family Member: You should be a close family member of a relevant EEA citizen.
- Residency or Travel Plans: The EEA citizen must be resident in the UK or planning to travel to the UK within 6 months.
- Accompanying or Joining: You must either accompany the EEA citizen to the UK or join them there.
- Exceptions: If you or your partner have been granted an EEA Family Permit under the EEA Regulations or other leave under or outside immigration rules, specific exceptions may apply.
The exact requirements can vary depending on individual circumstances,
so consider seeking advice from an immigration expert to navigate the
process smoothly.
Understanding these requirements ensures your application aligns with UK
Visas & Immigration standards, helping facilitate a successful move to the
UK as a family member of an EEA citizen.
Deadline for Applying to the EU Settlement Scheme
Grace Period deadline
The deadline for making an application to the EU Settlement Scheme for
EEA nationals and their family members who were resident in the UK prior
to 31 December 2020 was 30 June 2021 (the end of the ‘Grace Period’).
Those who were not yet eligible for Settled Status by that date were able to
apply for Pre-Settled Status and subsequently would be eligible to apply for
Settled Status after a continuous qualifying period of residence of 5 years.
Late Applications
If an application was not made for either Settled or Pre-Settled Status by
this date, then you may still be able to apply if there are reasonable
grounds for making a late application. See EU Settlement Scheme
Deadlines & Late Applications and EU Settlement Scheme Deadlines and
Late Applications.
As of 16 January 2024, the guidance has been updated to provide clearer
directions for those who did not realize they needed to apply to the EU
Settlement Scheme and are now submitting late applications. This revision
is particularly crucial for individuals who may have been unaware of the
necessity to apply, ensuring they understand the criteria that qualify as
“reasonable grounds.”
The updated guidelines emphasize several key factors:
- Unawareness of the Requirement:Many may not have known about the need to apply.The guidance now explicitly addresses this, offering a more detailed explanation of acceptable reasons for this oversight.
- Recent Changes in Circumstances: If there have been significant changes in your personal situation that affected your ability to apply on time, these are now more clearly defined under reasonable grounds.
- Health and Personal Barriers: The updated guidance also elaborates on health-related issues and personal barriers that could justify a late application.
These updates aim to accommodate those who missed the initial deadline
by providing a well-defined framework for late submissions. Understanding
these changes can significantly impact your application process, ensuring
you meet the necessary criteria for consideration.
Settled Status Requirements
Qualifying criteria
In order to qualify for Settled Status, you will need to satisfy UK Visas
& Immigration that:
- You are a relevant EEA citizen; or
- You are a family member of a relevant EEA citizen; or
- You are a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
- You are a person with a derivative right to reside; or
- You are a person with a Zambrano right to reside; and
- You started living in the UK by 31 December 2020 (or you are a joining family member who arrived after 31 December 2020 and subsequently completed a continuous qualifying period of residence of at least 5 years); and
- You have completed a continuous qualifying period of residence of at least 5 years.
The exact requirements you will need to satisfy will vary depending on your
circumstances. You may want to speak to an immigration solicitor for
expert advice.
What is Settled Status?
Settled Status is granted to applicants to the EU Settlement Scheme who
are able to demonstrate 5 years’ continuous residence in the UK, the
Channel Islands, or the Isle of Man. Unless you are a joining family
member, you will need to have started living in the UK by 31 December
2020.
If you are granted Settled Status, you will be able to stay in the UK
indefinitely. You can also spend up to 5 years in a row outside the UK (or 4
years if you are a Swiss citizen) without losing your Settled Status.
Demonstrating 5 Years’ Continuous Residence
In order to demonstrate 5 years’ continuous residence, you will need to
demonstrate that you have lived in the UK, the Channel Islands, or the Isle
of Man for at least 6 months in every 12 months during a consecutive 5-
year period.
Under the Immigration Rules, the following absences will not be
considered to break the continuous qualifying period:
- A single period of up to 12 months for an important reason such as childbirth, serious illness, study, vocational training, or an overseas work posting.
- A period of compulsory military service of any length.
- Time spent abroad as a Crown servant or as the family member of a Crown servant.
- Time spent abroad in the armed forces or as the family member of someone in the armed forces.
The Home Office has published a number of additional concessions
relating to absences which are as a result of COVID-19.
How to View and Prove Your Immigration Status Online
Navigating your immigration status can be straightforward when done
online. Here’s a guide to help you understand the process:
- Accessing Your Status: You can easily check your immigration
details via an official government portal. This service lets you view
essential information about your current status in the UK. - Generating a Share Code: If you need to verify your status with
others, such as potential employers, you can generate a unique
‘share code.’ This provides them the necessary access to confirm
your eligibility to work, rent, or access public services. - Updating Personal Information: It’s important to keep your
details current. The portal allows you to modify personal
information like your passport number or email address, ensuring
your records are always accurate. - Checking Your Rights: You can see what rights you have in the
UK, such as the ability to work, rent a home, or access certain
benefits. This helps clarify what you are entitled to while in the
country.
This seamless online service ensures your information is up-to-date and
accessible whenever you need it, making it easier to manage your life in
the UK.
Who Should Apply to the EU Settlement Scheme?
EU, EEA, and Swiss citizens
You should apply to the EU Settlement Scheme if you are an EU, EEA, or
Swiss citizen. This application is crucial for continuing to live lawfully in the
UK, even if you have resided here most of your life. The Scheme ensures
your rights are protected post-Brexit, allowing you to remain in the country
without legal hindrance.
Consideration should be given to whether the deadlines set out above
apply to your application. Missing these deadlines could affect your ability
to stay in the UK lawfully, so it’s important to act promptly.
Make sure you:
- Check your eligibility for the EU Settlement Scheme.
- Gather necessary documentation, such as proof of identity and residence.
- Apply before the deadline to secure your status.
By taking these steps, you safeguard your future and ensure you remain
compliant with UK immigration laws.
Family members
You should also apply to the EU Settlement Scheme if you are not an EU,
EEA, or Swiss citizen but you are a family member of an EU, EEA, or
Swiss citizen. Again, consideration should be given as to whether the
deadlines set out above apply to your application.
Relevant family members include the spouse, civil partner, or unmarried
partner of an EU, EEA, or Swiss citizen, as well as the child, grandchild, or
great-grandchild under 21 years old, dependent child over the age of 21,
dependent parent, grandparent, or great-grandparent, or dependent
relative of either an EU, EEA, or Swiss citizen or their spouse or civil
partner. The evidence of family relationships varies for each type of family
member. Generally, a relationship needs to have existed prior to 31
December 2020. Considerations should also be given as to whether this
will first entail applying for an EU Settlement Scheme Family Permit where
the relevant family member resides abroad.
Who is Exempt from Applying to the EU Settlement Scheme?
If you’re wondering who doesn’t have to apply to the EU Settlement
Scheme, here’s a clear breakdown:
- Permanent UK Residents: If you already hold indefinite leave to enter or remain in the UK, you can skip this application.
- Irish Citizens: Those with Irish citizenship, including individuals who hold both British and Irish citizenship (“dual citizenship”), are not required to apply.
- British Citizens: If you possess British citizenship or you’re not subject to immigration control, you’re exempt.
- Frontier Workers: If you are employed in the UK but primarily reside elsewhere, you don’t need to apply. Instead, you might consider obtaining a Frontier Worker Permit. However, remember that family members who are not from the European Economic Area (EEA) will still need to apply to the EU Settlement Scheme.
Essentially, these categories offer a pathway around the usual application
process, reducing the need for certain individuals to engage with the
scheme directly.
Who Else Can Apply to the EU Settlement Scheme?
You may be eligible to apply to the EU Settlement Scheme if you are not an
EU, EEA, or Swiss citizen and:
- You are a family member of an EU, EEA, or Swiss citizen who is a British citizen or has indefinite leave to remain in the UK.
- You are the family member of an EU, EEA, or Swiss citizen who is under 18 and you are in local authority care.
- You are the primary carer of a British, EU, EEA, or Swiss citizen.
- You are the child of a relevant child.
- You are the child of a relevant child’s primary carer.
- You are the primary carer of a relevant child.
- You are a person with a Zambrano right to reside.
- You are a person with a derivative right to reside.
Each of these categories has its own specific requirements and
considerations. It is advisable to seek legal advice from an immigration
solicitor to determine if you meet the eligibility criteria.
Please note that the information provided here is for general guidance only
and does not constitute legal advice. For specific advice tailored to your
circumstances, it is recommended to consult with an immigration solicitor.
What Can I Do If My EU Settlement Scheme Application Is
Denied?
Having your EU Settlement Scheme application denied can be unsettling,
but there are several avenues you can explore to address this situation.
1.Appeal the Decision
One of the primary options is to appeal to the First-tier Tribunal
(Immigration & Asylum Chamber). This tribunal is specifically designed to
handle immigration and asylum cases, giving you an opportunity to present
your case more thoroughly.
- Gather Evidence: Ensure you compile all the necessary documents and evidence that support your eligibility.
- Legal Representation: Consider seeking legal advice or representation to strengthen your case and improve the chances of a successful outcome.
2.Request an Administrative Review
If you believe there was an error in the assessment of your application, an
administrative review may be the right course of action.
- Review Grounds: Identify specific reasons where the decision might have been flawed or incorrect.
- Submit Application: Follow the prescribed procedures to file for a review, providing additional information if applicable.
3.Explore Pre-Settled Status Options
eligible for Settled Status, you can also challenge this decision. An
administrative review might help correct this status if you meet the criteria
for settled status but were not granted it.
4.Seek Professional Advice
Navigating the complexities of immigration laws can be challenging.
Therefore, consulting with an immigration adviser or legal expert can
provide critical insights and guidance for improving your chances in
appeals or reviews.
5.Consider Reapplication
If significant time has elapsed since your initial application or if your
circumstances have changed, reapplying might be a viable option. Be sure
to correct any previous errors and provide comprehensive documentation.
Stay Informed
It’s crucial to stay up to date with any changes in immigration laws or
policies that might affect your case. Regularly check official channels and
resources to ensure you’re working with the most current information.
While a refusal can be daunting, the steps above offer pathways to rectify
the situation and increase your chances of a favorable resolution.
Steps for Applying for British Citizenship After Settled Status
Once you’ve held Settled Status for at least 12 months, you’re on your way
to applying for British Citizenship. Here’s how you can navigate the
process:
1. Assess Eligibility Requirements
Before proceeding, confirm that you meet the necessary conditions:
- Immigration Status: Have you maintained a settled status for over a year?
- Duration of Residence: Have you resided in the UK for a qualifying period?
- Knowledge of Life in the UK and English Proficiency: These are assessed through standard tests.
- Good Character: This involves a criminal record check and a review of personal conduct.
If you’re married to a British citizen, some criteria might vary slightly, so
ensure you’re aware of any distinctions.
2. Prepare Your Documentation
Gather essential documents including:
- Proof of Settled Status.
- Evidence of residence (e.g., bills, taxes).
- Results from the “Life in the UK” test.
- English language certification or relevant degree evidence.
3. Complete the Application Form
Fill out the application form designated for British citizenship. You can
typically do this online through the official government website. Make sure
to review the form thoroughly to ensure accuracy.
4. Pay the Application Fee
Fees are subject to change, so check current rates and be prepared to pay
electronically when submitting your application.
5. Attend a Biometrics Appointment
After submitting your application, you’ll likely need to provide biometric data
(such as fingerprints). You’ll receive instructions on booking an
appointment.
6. Await a Decision
Processing times can vary, but you will be notified once a decision has
been made. If approved, you’ll be invited to attend a citizenship ceremony.
Following these steps diligently increases your chances of becoming a
British citizen, allowing you to enjoy the rights and responsibilities that
come with it.
Community Advice Centres for EU Settlement Scheme Support
If you’re seeking assistance with the EU Settlement Scheme, several
community advice centres offer invaluable support. Here are a few notable
centres:
- St Pauls Advice Centre: Known for its diverse range of services, this centre provides detailed guidance for individuals navigating the EU Settlement Scheme.
- South Bristol Advice Service: This centre specializes in offering personalized advice to help you successfully apply and secure your status.
- Settled: Dedicated to assisting EU citizens, Settled offers expert advice tailored to your specific needs regarding the settlement process.
For personalized assistance, it’s best to reach out to these centres directly.
They can provide you with the specific help you need to make the process
as smooth as possible.
How to Update Personal Details in Your UK Visas and
Immigration Account
Updating your personal information in your UK Visas and Immigration
account is a straightforward process. Whether you’ve changed your
passport number or need to update your email address, follow these steps
to ensure your details are current:
- Log into Your Account: Start by accessing your UK Visas and
Immigration account with your credentials. - Navigate to the Personal Details Section: Once logged in, find
the section dedicated to personal information updates. This is
usually labelled clearly within the account settings. - Make the Necessary Changes: Input the updated information,
such as a new passport number or a changed email address. - Review and Confirm: Carefully review your changes to ensure
accuracy. - Submit and Save: After confirming the information, submit your
changes and make sure to save them to update your account.
By following these steps, you can ensure your personal details remain up-
to-date, helping to avoid potential issues with your visa or immigration
status.
Absolutely! If you’re seeking assistance, the Official Settled Status
Resolution Centre is here to help you. Reach out to their expert team at
0300 123 7379 for reliable support. Whether you have questions or need
guidance through the process, they offer specialist support to meet your
needs.
Get in Touch
If you have any questions, concerns, or need assistance, we are here to
help. Our dedicated team is ready to provide you with the support and
guidance you need. Whether you require legal advice, have inquiries about
our services, or need help with your immigration matter, please don’t
hesitate to contact us. We are committed to ensuring your peace of mind
and will respond to your query promptly. Reach out to us today to discuss
your situation and let us assist you in the best way possible.
