Here is what you need to know about applying for status under the EU Settlement Scheme.
The EU Settlement Scheme (EUSS) must be implemented in strict accordance with the terms of the EU-UK Withdrawal Agreement. The deadline for most people to apply to the EUSS was 30 June 2021 however, if you missed this deadline, you can still apply late to the scheme if you can show there was a good reason for not applying in time. We have provided more information about applying late in the section How do I apply late to the EU settlement scheme. Although the general rule is that all EU citizens and family members need to apply to the EUSS, there are a small number of exceptions to those who need to apply. We have set out below an explanation about who does and does not need to apply to the EUSS. Remember, it is free to apply to the EUSS.
When I apply, what do I need to show and what status do I get?
The requirements of the EUSS are mainly residence based: the Home Office will check how long you have been in the UK and not what you have been doing here. Therefore, being granted pre-settled status or settled status is not dependent on you being employed or whether you receive benefits or have received benefits in the past. Family members must prove their relationship to an EU citizen to qualify (in some cases former family members whose relationships that have broken down can also qualify).
The EUSS application will look at how long you have been “continuously resident” in the UK. To be considered continuously resident in the UK, you must meet the conditions which we have set out in the section How does continuous residence work? Depending on your length of continuous UK residence when you apply to the EUSS you should granted either pre-settled status or settled status:
- Most EU citizens and their family members who have lived in the UK for less than 5 years should get pre-settled statuswhich is granted for 5-years (though this status can be automatically extended at the 5-year point).
- Most EU citizens and their family members who have been continuously resident in the UK for 5 years (or more) should get settled status. There are some limited situations where a person can be granted settled status even though they have not been continuously resident in the UK for 5 years. There are some limited situations where a person can be granted settled status even though they have not been continuously resident in the UK for 5 years.
Those who are granted pre-settled status can apply for settled status once they have been continuously resident in the UK for 5 years. However, in December 2022 the UK High Court confirmed that pre-settled status holders are not required to apply for settled status and that their pre-settled status cannot expire if they still meet the conditions of the Withdrawal Agreement. We have provided more information about what this means for pre-settled status holders in the section Moving from pre-settled to settled status.
Those applying for EUSS status must prove their nationality and identity and if over 18 years old, provide information for a criminality check to be carried out. If you are applying as a family member of an EU citizen who is sponsoring your application, you will need to evidence your relationship to your EU sponsor in your application. In some situations, if your relationship with the EU citizen has ended you can still qualify if certain conditions are met. If you are the family member (or former family member) of an EU citizen who has become a British citizen after moving to the UK (and retained their EU citizenship), you may be able to apply if certain conditions are met.
I hold an EU Permanent Residence Document or EU Permanent Residence Card, should I apply?
Even if you already have a Home Office issued EU Permanent Residence Document or EU Permanent Residence Card (commonly known as “PR” document/card) you should still have applied for settled status as your PR document/card is no longer valid for living in the UK after 30 June 2021. If you hold one of these documents and have not yet applied to the EUSS, we have provided more information about how to apply late in the section How do I apply late to the EU settlement scheme?.
I am Irish or already have Indefinite Leave to Remain or Enter, should I apply?
Irish citizens and EU citizens and family members who already hold valid “Indefinite Leave to Remain” or “Indefinite Leave to Enter” (shortened to ILR or ILE) granted outside of the EUSS do not need to apply, as they already have an immigration status that allows them to live in the UK permanently (see section on eVisas). However, both these groups could apply to the EUSS for status if they wanted to. If this situation applies to you and you wish to apply to the EUSS, we have provided more information about how to apply late in the section How do I apply late to the EU settlement scheme?.
I am an EU citizen but I have become British as well, do I need to apply?
Dual British/EU citizens cannot apply to the EUSS as they are able to live in the UK permanently based on their British citizenship. In some cases, dual British/EU citizens can sponsor eligible family members for EUSS status if certain conditions are met. The main conditions are that the EU citizen moved to the UK under free movement rules before “naturalising” as a British citizen. You also must have kept your EU citizenship after you became British to be able to sponsor family members.
Do I need to apply for my children born outside the UK who moved with me to the UK?
In most cases, children born outside the UK will not be British citizens unless one of their parents is a British citizen (and even then, it may not be the case that the child is automatically British). Children who are not British or Irish must make an individual application to the EUSS just like adults do. You cannot add a child’s details to a parent’s application, but you can link a child’s application to a parent’s application if either parent has applied to the EUSS first (the parent will be given a Unique Application Number or UAN, that can be added to the child’s application).
Do I need to apply for my children born inside the UK?
Please be aware that children born in the UK are not always born British citizens and so it is important you understand the correct situation for any children you have. It may be that your children born in the UK are British from birth and can apply for a British passport (which means they do not need to apply to the EUSS), but please do not assume this is the case and it may be necessary to speak to a qualified and regulated legal adviser about your children’s situation to understand what action you need to take. We have provided more information about finding a qualified and regulated legal adviser in the section Where can I find regulated immigration advice?
Children who are not British or Irish must make an individual application to the EUSS just like adults do. You cannot add a child’s details to a parent’s application, but you can link a child’s application to a parent’s application if either parent has applied to the EUSS first. Children who are born in the UK today who are not British are required to apply to the EUSS within 3 months of their birth. If you are not able to obtain a passport or EU national ID card for your child within 3 months, you should contact the Home Office Resolution Centre to request they provide you a paper application to apply on (this is because you cannot use the online application form if you do not have an ID document).
What if I need to apply but I missed the deadline?
Although the deadline to apply to the was 30 June 2021, if you have a good reason for missing the deadline and for your delay in applying, you can still be granted EUSS status. If the Home Office does not accept that you have a good reason for applying late, they will “reject” the application as invalid. We have provided more information about applying late in the section How do I apply late to the EU settlement scheme.
I have applied but my application has been refused, what should I do?
If an application is “refused” there is the right to challenge the decision by making an appeal to the Immigration Tribunal to have the refusal reviewed by an independent immigration judge. We have provided more information about challenging a refusal decision in the section What happens if my EU settlement scheme application is refused?.
Further information
- Information tool for EU citizens (Home Office)
- Settled and Pre-settled status for EU citizens and their families (Home Office)
- EU Settlement Scheme: applicant information (Home Office)
- How to provide evidence that you’ve been living here if we can’t confirm this through an automated check of UK tax and some benefits records. (Home Office)
- Information on applying to the EU settlement scheme if you have a criminal conviction (Unlock)
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This site offers information about Brexit, how it may impact you as an EU citizen and your family living in the UK, and what you may need to do next. It summarises key issues and is purely for information purposes and has no legal force. It does not provide any legal interpretation of EU or UK legislation and is not meant to replace specialised legal advice on UK immigration rules.