Who can apply for a status under the EUSS?

The EU Settlement Scheme provides a basis for EEA and Swiss citizens resident in the UK by the end of the transition period at 11pm on 31 December 2020, and their family members, to apply for the UK immigration status which they require in order to remain here after 30 June 2021. Although the majority of individuals were required to submit their applications by 30 June 2021, those who are reuniting with family members or have valid reasons for missing the deadline can still proceed with an application. Furthermore, EEA/Swiss nationals and their family members will need to make a new application under the scheme to switch from pre-settled status to settled status. If you do not do this, the Home Office may extend your pre-settled status by 2 years just before it’s due to expire.

What will I get?

If an application is successful, you will be granted either pre-settled or settled status based on certain criteria.

Pre-settled status is granted to those who have less than 5 years’ continuous residence.

To be eligible for settled status, you must usually have been continuously resident in the UK for at least 5 consecutive years. Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands, or the Isle of Man for at least 6 months in any 12-month period.

You may not be eligible for settled status if during the 5 years you spent more than 6 months outside the UK in a 12-month period. There are some absences of more than 6 months in a 12-month period that will not count as a break in your continuous residence, which are:

• one period of up to 12 months for an important reason – for example, childbirth, serious illness, study, vocational training, an overseas work posting or because of coronavirus (COVID-19)
• 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
• working in the UK marine area

Are there any other restrictions?

Individuals who hold pre-settled status can spend a maximum of 2 consecutive years outside of the UK without losing their pre-settled status, however, they must maintain their continuous residence in the UK if they want to apply for settled status, as explained above.

If you have settled status, you can spend a maximum of 5 years in a row outside of the UK without losing your status.

Not all applications are straightforward, and assistance may be necessary in some cases, particularly if you were subject to the deadline and missed it.