What is the Withdrawal Agreement and EU Settlement Scheme?

Following the United Kingdom (UK) leaving the European Union (EU) (commonly referred to as Brexit), from 01 January 2021, European freedom of movement ended for EU citizens (and EEA citizens of, Norway, Iceland and Liechtenstein and Swiss citizens – this website will refer to EU citizens), and their family members in the UK, and for British citizens and their family members entering the EU. 

The EU and the UK agreed the terms of the UK’s withdrawal from the EU, commonly referred to as the Withdrawal Agreement. Although the UK left the EU on 31 January 2020, most EU law applied to the UK until the 31 December 2020. The period between 31 January 2020 and 31 December 2020 was called the transition period. During this transition period, free movement continued until it ceased on 31 December 2020. Since 01 January 2021, EU citizens not living in the UK by 31 December 2020 who now wish to enter the UK, must meet the requirements of the UK’s domestic immigration system. 

Although free movement has ended, the residence status for EU citizens who moved to the UK before 01 January 2021, is protected under the Withdrawal Agreement as long the citizen applies to the EU Settlement Scheme (the EUSS). The EUSS was set up by the UK government to allow EU citizens and eligible family members to apply for residence status. The residence rights of their existing family members (as well as some former family members) and children born before and after 31 December 2020 are also protected, as long as they also apply to the EUSS. The Home Office is the UK government department responsible for the EUSS. . 

The residence status (or immigration status) that is granted by the EUSS is called “pre-settled status” (also known as limited leave to enter / remain) or “settled status” (also known as indefinite leave to enter / remain). Irish citizens living in the UK are exempt from applying to the EUSS on account of their right to reside in the Common Travel Area. 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.  

This means almost all EU citizens and their family members who arrived in the UK by 31 December 2020 and intended to stay in the UK, should have applied for either settled status or pre-settled status by the EU Settlement Scheme deadline on 30 June 2021. If a citizen or family member has missed this deadline, they can still apply to the EUSS but they must show in their application that they have a good reason for not applying in time and for their delay in making their application. Eligible family members of EU citizens who hold settled status or pre-settled status but who were not living in the UK by 31 December 2020 were not required to apply by 30 June 2021, as they can apply to the EUSS at the time they want to join their EU family member in the UK. 

Further information
Questions and Answers – the rights of EU and UK citizens, as outlined in the Withdrawal Agreement (European Commission)