EU Nationals

Pre Settlement and Settlement Applications

EU Settlement Scheme (Pre Settled and Settled Status)

If you’re an EU, EEA or Swiss citizen, you and your family can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. If your application is successful, you’ll get either settled or pre-settled status.

The EEA includes the EU countries and also Iceland, Liechtenstein and Norway. The scheme is open now and you can apply for the scheme up to the 30 June 2021. There are circumstances where applications can be made after that date. Contact us if you require assistance with the EU settlement scheme.

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Requirements

What are the eligibility requirements for Settled or Pre Settled Status?

You’ll usually get settled status if you’ve:

  • started living in the UK by 31 December 2020
  • lived in the UK for a continuous 5-year period (known as ‘continuous residence’)

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. The exceptions are:

  • one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work 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

You can stay in the UK as long as you like if you get settled status. You’ll also be able to apply for British citizenship if you’re eligible.

 

What else do you need to know

Pre-settled status

If you do not have 5 years’ continuous residence when you apply, you’ll usually get pre-settled status. You must have started living in the UK by 31 December 2020. You can then apply to change this to settled status once you’ve got 5 years’ continuous residence. You must do this before your pre-settled status expires. If you’ll reach 5 years’ continuous residence at some point by 31 December 2020, you can choose to wait to apply until you reach 5 years’ continuous residence. This means that if your application is successful, you’ll get settled status without having to apply for pre-settled status first.You can stay in the UK for a further 5 years from the date you get pre-settled status.

What else do I need to know about the EU Settlement Scheme?

If you are successful in your application, you’ll be able to:

  • work in the UK
  • use the NHS for free as you do now
  • enrol in education or continue studying
  • access public funds such as benefits and pensions, if you’re eligible for them
  • travel in and out of the UK

 

FAQs

Who needs to apply under the Scheme?

You will need to apply on the scheme if:

This means you need to apply even if you:

 

Who else can apply?

 

You may be able to apply if you’re not an EU, EEA or Swiss citizen but:

  • you used to have an EU, EEAor Swiss family member living in the UK (but you’ve separated, or they’ve died)
  • you’re the family member of a British citizen and you lived outside the UK in an EEAcountry together
  • you’re the family member of a British citizen who also has EU, EEAor Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship
  • you’re the primary carer of a British, EU, EEAor Swiss citizen
  • you’re the child of an EU, EEAor Swiss citizen who used to live and work in the UK, or the child’s primary carer

 

What if I want to travel outside the UK?

If you have settled status, you can spend up to 5 years in a row outside the UK without losing your status. If you’re a Swiss citizen, you and your family members can spend up to 4 years in a row outside the UK without losing your settled status. If you have pre-settled status, you can spend up to 2 years in a row outside the UK without losing your status. You will need to maintain your continuous residence if you want to qualify for settled status.

What if I have children after applying?

If you get settled status, any children born in the UK while you’re living here will automatically be British citizens.If you get pre-settled status, any children born in the UK will be automatically eligible for pre-settled status. They will only be a British citizen if they qualify for it through their other parent.

Can I bring my family members to the UK?

Your close family members can join you in the UK before 31 December 2020 (or before 31 December 2025 for spouses and civil partners of Swiss citizens). They’ll need to apply to the EU Settlement Scheme once they’re here. If you cannot bring your family member under the EU Settlement Scheme, they may still be able to come here in a different way, for example on a family visa.

If you wish to bring family members after the 31 December 2020 you can do so if you’re a citizen of an EU country, Iceland, Liechtenstein, Norway or Switzerland, but only if the following apply:

  • your relationship with them began before 31 December 2020
  • you are still in the relationship when they apply to join you

If you’re a Swiss citizen, you’ll also be able to bring your spouse or civil partner to the UK until 31 December 2025 if both of the following apply:

  • your relationship with them began between 31 December 2020 and 31 December 2025
  • you are still in the relationship when they apply to join you

Applications under the scheme can be made online or via the App which can be downloaded to your Android device or I-Phone. You cannot use the online service or the app if you are not an EEA, EU or Swiss Citizen and are applying in any of the following categories:

  • the family member of a British citizen you lived with in Switzerland or an EUor EEA country
  • the family member of a British citizen who also has EU, EEAor Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship
  • the primary carer of a British, EU, EEAor Swiss citizen
  • the child of an EU, EEAor Swiss citizen who used to live and work in the UK, and you’re in education – or you’re the child’s primary carer

Please visit our other EEA pages for help with the above categories.

How our immigration lawyers can help

Photo of Sarah Rogers, founder of Immigration Advice Centre

Sarah Rogers

Founder of IAC

Our immigration lawyers regularly assist EEA nationals and their family members to relocate to, and settle in, the UK.

We can help you with as much or as little advice and assistance as you need with tailored packages or individual services giving you flexibility to chose all the assistance you need, when you need it. You’ll also have the benefit of access to our innovative client portal, giving everything you need at your fingertips.

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