The deadline for most people to apply to the EU Settlement Scheme was 30 June 2021.

You can still apply if you have a good reason for why you did not apply by the deadline.

However the general deadline does not apply to everyone. Specific categories have their own deadlines:

Close family members joining a resident EEA citizen in the UK can apply any time if they are residing out of the UK. Once they move to the UK, they will have 90 days from their arrival to make an application for status under the EUSS;

Children born or adopted in the UK will have 90 days from when they were born or adopted;

A person exempt from immigration control can apply at any time. Once they stop being exempt, they will have 90 days from the date on which they cease to be exempt;

People here with limited leave to enter or remain in the UK (for example, work or study visa) which expires after 30 June 2021, must apply before the leave expires;

Family members of a British citizen who they lived with in the EU, Switzerland, Norway, Iceland or Liechtenstein by 30 December 2020, and returned to the UK with, the deadline was 29 March 2022, but late application are still possible if supported by a good reason.

Family members (from outside the EU, Switzerland, Norway, Iceland or Liechtenstein) of an eligible person of Northern Ireland, who could not move back to the UK by 31 December 2020 without them will have 90 days from their arrival to apply.

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If you are a close family member of a citizen of EU, EEA or Switzerland, or their spouce or civil partner, who started residing in the UK by 31 December 2020, your relationship with them started before 31 December 2020 and still exists, you can apply under the EU Settlement Scheme to join them in the UK.

Who can apply as a family member under the EUSS?

The categories of family memberes of relevant EEA citizen who can apply are:

• spouse
• civil partner
• durable partner (explained below)
• child, grandchild or great-grandchild (including of the spouse or civil partner) under 21 years old or over 21 years old if dependent (explained below)
• dependent parent, grandparent or great-grandparent (including of the spouse or civil partner)

How to apply?

If you are EU EEA or Switzerland, you can apply to the EU Settlement Scheme using the Home Office’s “EU Exit: ID Document Check” app, using a valid passport or identity card with a biometric chip. You can then complete and submit your application online . 

If you do not have a biometric id document or you are not able to use the app to scan your passport/ID, you can still make an online application, but you will need to post your original document to the Home Office.

If you are not EU EEA or Switzerland, you must hold a relevant UK document to apply to the EU Settlement Scheme, for example a residence card, a permanent residence card or a derivative residence card.

If you do not have any UK document, you need to apply for an EU Settlement Scheme Family Permit to come to the UK. Once you are in the UK, you can apply for the EU Settlement Scheme within 3 months.

The EU Settlement Scheme Family Permit explained

A family permit makes it easier to travel with your family member to the UK or to join them there.

It allowes you come to the UK for up to 6 months. You can work and study, and come and go as many times as you want before the permit expires.

You must apply outside from the UK.

“Durable partner” explained

If you’re an unmarried partner, you’ll need to provide evidence that you were in your long-term relationship by 31 December 2020. You’ll also need to provide evidence that you’re still in the relationship when you apply.

According to the HO Guidance, the easiest way to prove a “durable relationship” with the relevant EEA citizen (or qualifying British citizen or relevant sponsor) is having lived together in a relationship akin to a marriage or civil partnership for at least 2 years. But this is a rule of thumb, not a requirement. Therefore, instead of the cohabitation, you can provide other significant evidence of the durable relationship.

“Dependency” explained

The concept of “dependency” includes all cases where the applicant is in need of financial or other material support (i.e. medical support) from the relevant EEA  citizen (or qualifying British citizen or relevant sponsor) or of the spouse or civil partner.

The dependency must be demonstrated by relevant financial, medical or other documentary evidence, such us bank statements or money transfers (financial dependence) or a letter from a hospital consultant (serious health grounds).

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🟢 EU nationals, nationals of Iceland, Liechtenstein, Norway and Switzerland and their family members (of any nationality) should apply for Settled or Pre-settled status.

🟢 Children must apply. Each child must have their own application.

🟢 You must apply if you have a Permanent Residence document.

🟢 You must apply if you have a Biometric Residence Permit or Card.

🟡 If you hold Indefinite leave to remain, you do not have to apply under the EU Settlement Scheme, but you may wish to exchange the indefinite leave to enter or remain for the settled status, in order to benefit from the more generous absence allowance. Indefinite leave to enter or remain only allows you to spend up to 2 years in a row outside the UK, whereas the settled status allows up to 5 years.   

🟡 Irish nationals or dual Irish nationals do not have to apply, as they will continue to enjoy a right of residence which is not dependent on EU legislation. However, they may apply if they wish to do so, or if their family members want to apply under the EUSS. 

❌ Dual British nationals cannot apply under the Scheme, as they will already have a right to reside in the UK because of their British nationality.

❌ If you are exempt from immigration control (e.g. because you are a foreign diplomat or a member of consular staff), you will not be able to apply.

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The Government has set out the basis on which EEA nationals and their family members will be able to obtain settled and pre-settled status in the Immigration Rules Appendix EU.

EU nationals and their family members will be eligible for Settled Status if:

🔵 They started to reside in the UK before 31 December 2020;

🔵 They have been living in the UK for 5 continuous years by the time of the application;

🔵 At the date of the application, they have not been absent from the UK for more than 5 consecutive years;

🔵 They have not been subject to an exclusion or removal or deportation order;

🔵 They pass the criminal record check; 

Watch “Can I apply to the EU Settlement Scheme if I have a criminal record?” for more information on criminal convictions.

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EU nationals and their family members will be eligible for Pre-settled Status if:

🔵 They started to reside in the UK before 31 December 2020;

🔵 They have been living in the UK for less than 5 years;

🔵  At the date of the application, they have not been absent from the UK for 6 months or more;

🔵 They have not been subject to an exclusion or removal or deportation order;

🔵 They pass the criminal record check; 

Watch “Can I apply to the EU Settlement Scheme if I have a criminal record?” for more information on criminal convictions.

The Pre-settled status entitles the EEA nationals and their family members to reside in the UK for up to 5 years from the date it is acquired. Anyone with pre-settled status will be able to apply for settled status once they reach 5 years of continuous residence. You must apply to Settled Status before your Pre-settled status expires, as this is not automatic.

Pre-settled status expires if you are absent from the UK for 2 consecutive years, but if you break your continuous residence you won’t be able to apply for Settled status when your pre-settled status expires.

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Why does continuous residence matter?

In order to qualify for Settled Status, you must have lived in the UK continuously for 5 years, meaning that you were resident in the UK before 31 December 2020 and, during this 5-year time, have not been absent from the UK for more than 6 months in total (in a single period of absence or more than one) in any given 12-month period. This includes where you have previously been granted Pre-settled Status. 

If you hold Pre-settled status and break your continuous residence, you may not be able to apply to Settled Status. 

The Pre-settled status entitles the EEA nationals and their family members to reside in the UK for up to 5 years from the date it is acquired. Anyone with pre-settled status will be able to apply for settled status once they reach 5 years of continuous residence. You must apply to Settled Status before your Pre-settled status expires, as this is not automatic.

However, the EUSS allows for one single absence up to 12 months for an important reason, including serious illness and study.

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A single absence from the UK of more than 6 months but not more than 12 months.

A single absence or absences of more than 6 months but not more than 12 months in total in any 5-year continuous qualifying period will interrupt that continuous qualifying period unless there was an important reason for the absence:

• a single period of absence of more than 6 months but which does not exceed 12 months is permitted, where this is for an important reason, such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting; 
• compulsory military service of any length;
• time you spent abroad as a Crown servant, or as the family member of a Crown servant;
• time you spent abroad in the armed forces, or as the family member of someone in the armed forces.

Evidence to support an absence as a result of pregnancy, childbirth or serious illness might take the form of a letter or other records from a qualified medical professional.

Absences are calculated over a 12-month period starting from the first month you were absent. If you are unsure about the count, ask for advice.

You’re only permitted a single absence exceeding 6 months (but not exceeding 12 months) for an important reason in your 5-year continuous qualifying period. More than one such absence, or an absence from the UK of more than 12 months will always interrupt your continuous qualifying period regardless of the reason for it.

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The following text is taken from the “Coronavirus (COVID-19): EU Settlement Scheme – guidance for applicants” (updated on 10/06/2021) 

Read the full guidance.

Other than the ones set out above, restrictions due to Covid-19 pandemic can be considered as an  “important reasons” for your absences.

An ‘important reason’ also includes (but is not limited to) where you can show you were:

• ill with coronavirus
• in quarantine, self-isolating or shielding in accordance with local public health guidance on coronavirus
• caring for a family member affected by coronavirus
• prevented from returning earlier to the UK due to travel disruption caused by coronavirus
• advised by your university that, due to coronavirus, your course was moved to remote learning and you were advised or allowed to return to your home country to study remotely
• advised by your university or employer not to return to the UK, and to continue studying or working remotely from your home country
• absent from the UK for another reason relating to coronavirus, for example, you left or remained outside the UK because there were fewer coronavirus restrictions elsewhere; you preferred to work or run a business from home overseas; or you would have been unemployed in the UK and preferred to rely on support from family or friends overseas

This means you can rely on any coronavirus related reason (including where you chose to leave or remain outside the UK because of the pandemic) as being an ‘important reason’ permitting an absence of up to 12 months. In these circumstances, you will not have broken your continuous qualifying period of residence.

Absences exceeding 12 months

Where, after an absence of 12 months for an ‘important reason’, coronavirus meant you were prevented from, or advised against, returning to the UK within 12 months, you will be treated as not having broken your continuous qualifying period of residence.

The period of absence exceeding 12 months will not be counted towards your continuous qualifying period of residence under the EU Settlement Scheme. Your continuous qualifying period will be paused from the point your absence reached 12 months and will resume from the point you return to the UK.

Where you hold pre-settled status, and this is due to expire before you can complete the continuous qualifying period of residence required for you to be eligible for settled status, you will be able to apply for a further grant of pre-settled status.

You have already been absent from the UK for up to 12 months for an ‘important reason’ and now need to be so for a second time, and one of those absences is because of coronavirus.

Under Appendix EU, you can only have a single period of absence of up to 12 months for an ‘important reason’. Where you have a second period of absence exceeding 6 months in any 12-month period for an ‘important reason’, you have exceeded the absence permitted under Appendix EU. However, you can still apply to the EUSS where you can evidence that one of those periods of absence of up to 12 months is because of coronavirus. This means you can rely on any coronavirus related reason (including where you chose to leave or remain outside the UK because of the pandemic) as the basis for requiring a second period of absence of up to 12 months for an ‘important reason’. In these circumstances, you will be treated as not having broken your continuous qualifying period of residence.

Either period of absence may exceed the 12-month maximum for a period of absence for an ‘important reason’ permitted by Appendix EU because coronavirus meant you were prevented from, or advised against, returning to the UK earlier, as set out above. In these circumstances, that excess absence will not be counted towards your continuous qualifying period of residence under the EU Settlement Scheme, as set out above.

Up to the first 6 months of the second period of absence will be counted towards your continuous qualifying period of residence under the EU Settlement Scheme, where the period counted means you have not been absent for more than 6 months in any 12-month period. Your continuous qualifying period will be paused from that point and will resume from the point you return to the UK.

Where you hold pre-settled status, and this is due to expire before you can complete the continuous qualifying period of residence required for you to be eligible for settled status, you will be able to apply for a further grant of pre-settled status.

You should provide evidence to support the fact that your absence was due to an important reason. Examples of acceptable evidence include (but are not limited to):

• used travel tickets confirming the dates you left the UK and returned
• confirmation of flight cancellations detailing the dates and times
• doctor’s letter confirming you contracted coronavirus
• doctor’s letter confirming you were identified as vulnerable and advised to shield
• email or letter confirming you, or a person you were living with, received a positive coronavirus test result
• official letter confirming you were in coronavirus quarantine
• doctor’s letter confirming your family member, who you have been caring for, contracted coronavirus or was identified as vulnerable and advised to shield
• email or letter confirming your family member, who you have been caring for, received a positive coronavirus test result
• letter from a university advising you that, due to coronavirus, your course was moved to remote learning and you were advised or allowed to return to your home country to study remotely
• letter from a university or employer advising you not to return to the UK, and to continue studying or working remotely from your home country, due to coronavirus
• letter or other evidence from you accounting for your absence for another reason relating to coronavirus, for example, you left or remained outside the UK because there were fewer coronavirus restrictions elsewhere; you preferred to work or run a business from home overseas; or you would have been unemployed in the UK and preferred to rely on support from family or friends overseas.

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You may be eligible for Settled status if you have lived in the UK for a continuous 5-year period in the past and have not left the UK for more than 5 years in a row since then.

If you are an EU national, or the national of Iceland, Liechtenstein, Norway and Switzerland, or a family member of such a national, you are residing in the UK, and you believe you meet the criteria for applying under the EU Settlement Scheme, you can submit an application online. The application is free.

Every applicant will need:

1. An email address;
2. A phone number;
3. Proof of identity (i.e. a valid passport or national identity card);
4. Proof of residence in the UK;
5. If relevant, proof of relationship to a family member.

The application is split into two steps – (1) proving your identity and (2) completing your application details.

1. Proving your identity 

🟢 You need a biometric (electronic) document;

🟢 Download the ‘EU Exit: ID Document Check’ application. on Android or iOS.

🟢 You will need to use an Android 6.0 device or above, or iPhone 7 or above to be able to download and use the App.

⚠️  If you do not have a compatible phone, it is advisable to borrow it from a friend, family member or colleague. Otherwise, you will have to send your identity document to the Home Office by post or attend an ID document scanner location (see below).

Once you start your application, you will be asked to provide your email address and phone number and complete the following steps:

(A) take a photograph of the passport page with your details and photograph in it;

(B) place the device over the closed passport in order for it to read the chip embedded in the passport;

(C) scan your face;

and (D) take a photograph of your face.

The app guides you through each step and confirms when the process is complete, at which stage you will proceed with the second step – completing your application details.

If you are unable to scan your ID documents

Non-biometric or paper documents. You need to post your documents to the Home Office, if you are unable to scan your ID documents, because, for example, you are applying with a paper identity card.

In this case, you have to make sure that:

• You have made a copy/picture of them;
• You don’t need them in the short period to travel;
• You post them with recorded delivery;
• You include an addressed return envelope;
• Send the documents to the right address;
• Write your application number on the envelope.

Biometric passports.  If you have a biometric passport but you are unable to use the App, you can use a scanning location service. The list of locations offering ID document scanning is provided on the following website.

However, some of them may be closed due to Covid and some fee may be payable.

Completing the application details

This step can be done on any device – computer, laptop, mobile phone or tablet.

You can continue on your device after the identity check, or continue via this page by clicking on “continue your application” and login with your passport number, date of birth and using the phone number/email address used for your application here.

If you are non-EEA citizen and you don’t have a biometric document, or you entered the UK with a EUSS Family Permit or EEA Family permit, you will have to start your application online from this page: https://www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-status and enter the details of your electronic passport/ID Card. 

Steps:

🟣 You will be asked to confirm your current address in the UK and your national insurance number. These details will be used by the Home Office to verify that you are resident in the UK and whether you have been resident for more than 5 years.

🟣 You will be asked to provide the details of your permanent residence document or indefinite leave to remain, if applicable. 

🟣 You will then be asked to complete a criminal convictions declaration. 

🟣 The Home Office will carry out automated checks with the HMRC and DWP (based on your address and national insurance number, if you have one) which may provide all the necessary evidence that you have resided in the UK for 5 continuous years.

If these checks do not produce sufficient evidence (e.g. because you were not employed and would therefore not have paid any taxes to HMRC), you will be asked during the application process to provide additional evidence to prove your residence.

🟣 Once you complete all the details and confirm that the information you have supplied is correct, you will see a screen that: 

(A) confirms that “you will be considered for settled status” – if you agree with this preliminary decision, you can click on ‘Submit Application’ and your application will be complete;  

or (B) you will be asked if you have resided for less than 5 years or more than 5 years in the UK. Depending on your answer, you will have to provide evidence of your residence in the UK. 

🟣 Once you upload all the relevant evidence, you can click on ‘Finish and submit’ and your application will be complete.

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Pre-settled status (less than 5 years in the UK)

If you are applying for Pre-settled status, you will be asked to prove one day of residence in the 6 months preceding the application.

All the documents you submit as evidence of your residence in the UK for the purpose of Pre-settled Status must be dated by 31 December 2020 and have your name on them.

You can upload a piece of evidence that covers short periods of time. These documents count as evidence for one month if they have a single date on them.

Non-exhaustive list of accepted document:

• bank statement showing payments received or spending in the UK
• payslip for a UK-based job
• water, gas or electricity bill showing a UK address
• landline or mobile telephone, TV or internet bill showing a UK address
• domestic bill, such as for home repairs, vet’s services or insurance, and evidence of payment
• card or letter from your GP, hospital or other healthcare professional confirming appointments you have made or attended
• letter from a government department, public service or charity that show you dealt with them on a particular date or for a particular period (for example Job Centre Plus or Citizens Advice)
• passport stamp confirming entry at the UK border
• used travel ticket confirming you entered the UK from another country
• invoice for work you have done in the UK and evidence of payment

Settled Status (more than 5 years in the UK)

If you are applying for Settled status, you will only have to demonstrate that you did not leave the UK for more than 6 months during the 5 years’ residence, but will not be required to provide evidence of your activity during that 5-year period.

All the documents you submit as evidence of your residence in the UK must be dated and have your name on them.

While you can also use pieces of evidence mentioned above, you may want to consider uploading documents that cover a longer period of time.

Non-exhaustive list of accepted document:

• annual bank statement or account summary, showing at least 6 months of payments received or spending in the UK
• employer letter confirming employment and evidence that the employer is genuine, for example, their Companies House number
• council tax bill
• letter or certificate from your school, college, university or other accredited educational or training organisation showing the dates you enrolled, attended and completed your course
• invoice for fees from your school, college, university or other accredited educational or training organisation and evidence of payment
• document showing a UK address from a student finance body in England, Wales, Scotland or Northern Ireland or from the Student Loans Company
• residential mortgage statement or rental agreement and evidence of payment
• letter from a registered care home confirming your residence there
• employer pension contributions
• annual business account of a self-employed person
• a P60 for a 12-month period 
• a P45 showing the length of your previous employment

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In some cases, you can apply with an expired ID Card or Passport.

If you are applying with an expired document, you will not be able to use the App. 

Some countries have extended the validity of expired documents. In this case, you can apply online (but not via the App)

*Any document = passport and ID card
*Any card = ID card only

In all other cases, you need to request a paper application form by contacting the the EU Settlement Resolution Centre.

You may be able to use alternative evidence of identity and nationality, if you are unable to obtain or produce a passport or national identity card due to circumstances beyond your control, or due to compelling practical or compassionate reasons, arising, in either case, from the impact of coronavirus (e.g. inability to travel to, or the closure of, an embassy or consulate).

You’ll need to provide alternative evidence of your identity and nationality or entitlement to apply from outside the UK. These can include:

• a document previously issued by the Home Office
• an expired passport or national identity card
• an official document issued by the authorities of your country of origin or of the UK which confirms your identity and nationality

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Physical or mental capacity and/or care or support needs can be considered as reasonable grounds for an applicant to make a late application to the scheme or for an appropriate third party to apply to the scheme on their behalf. 

This may include many adults with physical or mental capacity issues, but will also include adults with broader care or support needs, such as those who may be residing in a residential care home, or receiving care and support services in their own home, with long-term physical or mental health needs or a disability. 

Evidence to provide in support of lack of mental capacity/reasonable grounds for late applications: 

• evidence that a formal arrangement, such as a Power of Attorney, is or was in place in respect of the person 
• a letter from a doctor, health professional, social services department or solicitor confirming the circumstances 
• a letter from the applicant themselves explaining the circumstances and authorising an appropriate third party to act on their behalf 
• evidence of a carer relationship where an appropriate third party is providing for the person’s care needs, for example a Department for Work and Pensions letter confirming the eligibility of the third party for Carer’s Allowance

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If you have applied to the EU Settlement Scheme before the deadline, but your application is still being decided, your existing rights to work, to rent, to study, to access benefits and health services, etc. are protected pending the outcome of the application (and any appeal).

If you have applied after the deadline with reasonable grounds, and you are granted status, you will enjoy the same rights from the time you are granted status as someone who applied before the deadline. 

In August, the Government announced temporary protection for more applicants to the EUSS, meaning that those who apply late to the EU Settlement Scheme, and joining family members, will also have rights protected while their application is determined.

This means that pending the outcome of your application (either on-time or late), you still have the rights to work, to rent, to study, to access benefits and health services. 

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You can prove that you have submitted an application to the EUSS and you are waiting for a decision with your Certificate of Application (‘COA’)

Remember that your existing rights are protected until the application is decided.  Rights are also protected where the outcome of any appeal against a decision to refuse status is pending.

Anyone awaiting the outcome of their application to the EUSS can evidence their rights with their COA which is issued via email or post, after a valid application is received.

A COA is also accessible to view online, through the view and prove your immigration status service.

If you are waiting for your COA, the email acknowledging receipt of your application explains how prospective employers and landlords can request information about your right to work and rent from the Employer Checking Service and the Landlord Checking Service.

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