
Here is what you need to know about making an application under the EU Settlement Scheme.
It is free to apply to the EU settlement scheme. Most applicants are required to complete an online application form using a computer, tablet or smartphone. In some cases there are paper forms available if you are unable to complete the online form even with support, if you do not have a valid ID document (e.g. a passport or EU national ID card) and it is unlikely that you will be able to have one issued or if you are applying under a specified category (e.g. you are the family member of an EU sponsor who has become a British citizen).
When the Home Office processes an application in most cases they assess the following:
- your identity (normally this will be using your valid passport or EU national ID card)
- your reason for applying late (if you have missed the deadline to apply by)
- your residence in the UK (in most cases this means you have been living in the UK by 31 December 2020)
- If you have any criminal convictions
- your relationship to an EU citizen if you are applying as a sponsored family member (or former family member if you are no longer in the relationship).
There are some EU settlement scheme applications that have more complicated conditions to be granted status which means you will be asked to provide more information and evidence.
Identity
To apply to the EUSS you must confirm your identity and nationality, normally done using your valid passport (for applicants of all nationalities) or valid EU national ID card (if you are an EU applicant). Your identity can be verified in two ways:
- If you an EU applicant with a valid passport or EU national ID card with a biometric chip, you can use the Home Office ID scanning App which sends your identity information directly to the Home Office. You can also use the ID scanning App if you’re a non-EU applicant with a Biometric Residence Card.
- If you do not fall under category 1, then you have manually add your ID document details to the application form and then send your ID document to the Home Office for verification (the Home Office should send you back your ID document quickly).
As part of the application, you must upload a digital photo of yourself which is done through the ID scanning App. If you are a non-EU applicant and do not hold a Biometric Residence Card, you must attend a biometric appointment at a visa centre to have your photograph and fingerprints taken after submitting the application form.
Paper form Applications to the EU Settlement Scheme
In some cases you cannot use the online application form and must make your application using a paper form:
- If you do not have a valid passport or valid EU national ID card (or the one you have is expired) and you cannot get one from your national authority
- You are the family member of a dual EU / naturalised British citizen
- You are the primary carer of a self-sufficient EU citizen under 18 years old
- You are the child of an EU, EEA or Swiss citizen who used to live and work in the UK and you are in education in the UK
- You are the primary carer of a child in the situation immediately above
- You are a dependent under 18 years old of a person in either of the three situations immediately above
If you fall under any of the above following situations you should call the Home Office Resolution Centre to request a paper form is sent to you. As the paper application form categories are more complicated to complete than the online application form, you may need to speak to a qualified and regulated legal adviser to understand what information and evidence to provide with your application. We have provided more information about finding a qualified legal adviser in the section Where can I find regulated immigration advice?.
Reason for the late application
If you are making a late application to the EUSS, the application form will ask you to explain your reason for missing the 30 June 2021 deadline when you apply. If you are a joining family member in the UK who has entered the UK since 01 January 2021, you will explain your reason for not applying within three months of your first arrival in the UK. If you have evidence about the reason(s) you are applying late you can attach this to your application. Please see the section How do I apply late to the EU settlement scheme? for more information about how to explain your reason for applying late.
Criminality
You will be asked about your criminal record. If you have been convicted of a minor crime you may still be eligible for settled status or pre-settled status. Any dishonest answer could have a negative impact on your application. If you are concerned about the impact of having criminal conviction on your application, it is recommended you speak to a qualified and regulated legal adviser before you apply. We have provided more information about finding a qualified and regulated legal adviser in the section Where can I find regulated immigration advice?.
Residence in the UK
For many applicants, the most straightforward way to prove UK residence is by providing your National Insurance Number (‘NiNo’) in your application. The Home Office will check your NiNo against the HMRC and DWP government department databases to see if you have been resident in the UK. In some applications the NiNo check will show the applicant has been living in the UK for 5 continuous years and can be granted settled status. However, in other cases there may be gaps in NiNo records or the applicant does not have a NiNo at all (for example if you are under 16 years old). The Home Office will use travel data (information collected when people travel in and out of the UK) to try to determine an applicant’s UK residence. If the travel data does not provide all the information needed the Home Office will assess any residence evidence submitted with the application (such as utility bills, bank statements or confirmation of studying at school or university). You can scan and upload your supporting documents during your online application or send copies if you are applying using a paper form.
In most cases, your ‘NiNo’ or documentary evidence should show that you have been living in the UK by 31 December 2020 and that you have maintained continuous residence since this date. See the section on How does continuous residence work? to understand how the Home Office assesses continuous residence.
Family members
Sponsored family members must prove to the Home Office that they have an eligible family relationship. This means providing evidence with the application to show the family relationship that is relied on, for example a married couple must provide evidence to show the legal marriage (e.g. a marriage certificate). It is also necessary for family members to provide evidence that their EU sponsor has been granted pre-settled or settled status or is exempt from needing to hold status under the EUSS (e.g. Irish citizens resident in the UK by 31 December 2020). For more information on which family relationships can be sponsored under the EUSS see the section Family members who qualify for EU settlement scheme status.
Outcome
If your application is approved, you will be granted settled status or pre-settled status depending how long you have lived in the UK. You will get a confirmation email from the Home Office telling you which status has been granted, but the actual proof of status is held as digital status profile (called an eVisa) which can be accessed through the view and prove your immigration status page on the gov.uk website. This means you will not be given a physical ID document to show your settled status or pre-settled status. Holders of settled status or pre-settled status will need to familiarise themselves with how to access the digital status. For more information about accessing and managing your digital status / eVisa see the section on What is an eVisa and do I need to get one?.
Third parties such as employers and landlords can ask to see the online digital status. Status holders can generate “share codes” through their digital status profile which can be given to an employer or a landlord requesting proof of settled status or pre-settled status. Government departments like the DWP and the NHS may be able to check a person’s status automatically without needing a share code. If you have any problems logging into your digital status or any issues with the information in your digital status you should contact the Home Office Resolution Centre: 0300 123 7379.
If you EU settlement scheme application is refused it is very important that you take action, as the Home Office decision means that you have not been granted status to remain lawfully in the UK. You can read more about how to challenge a refusal decision in the section What happens if my EU settlement scheme application is refused?.
Further information
Home Office – Apply to the EU Settlement Scheme (settled and pre-settled Settled and Pre-settled status for EU citizens and their families (Home Office)
EU Settlement Scheme: applicant information (Home Office)
Information on applying to the EU settlement scheme if you have a criminal conviction (Unlock)
Services
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.