Table of Contents
EU Settlement Scheme Settled Status: Overview
Eligibility for the EU Settlement Scheme
Joining Family Members
Deadlines, Grace Period & Late Applications
Settled Status Requirements
What is Settled Status?
How to Prove 5 Years’ Continuous Residence
Who Should Apply?
Who is Exempt?
Who Else Can Apply?
What If Your Application is Refused?
How to View and Prove Your Status Online
Get in Touch
EU Settlement Scheme Settled Status: Overview
The EU Settlement Scheme (EUSS) was introduced after Brexit to allow eligible EU, EEA, and Swiss citizens (and their family members) to continue living lawfully in the UK.
If you can prove 5 years’ continuous qualifying residence, you may be granted Settled Status (indefinite leave to remain). If you have not yet completed 5 years, you are usually granted Pre-Settled Status instead.
Eligibility for the EU Settlement Scheme
The EU Settlement Scheme is generally open to:
EU, EEA, and Swiss citizens resident in the UK
Eligible family members
Individuals who started living in the UK by 31 December 2020 (end of the Withdrawal Period)
Pre-Settled Status (where 5 years is not yet met)
If you do not yet meet the 5-year residence requirement, you may receive Pre-Settled Status, if you qualify under one of these categories:
relevant EEA citizen
family member of a relevant EEA citizen
family member with retained right of residence
person with a derivative right to reside
person with a Zambrano right to reside
You must generally have started living in the UK by 31 December 2020.
Automatic extension of Pre-Settled Status
From September 2023, pre-settled status may be automatically extended by 2 years before it expires (where settled status has not been obtained). This is designed to reduce the risk of people losing their status before switching.
Joining Family Members
The EUSS can also apply to joining family members where:
the EU/EEA/Swiss relative started living in the UK by 31 December 2020, and
the qualifying relationship began before that date and still exists at the date of application.
In many cases, a joining family member will:
Apply for an EU Settlement Scheme Family Permit from outside the UK, then
Apply for Pre-Settled Status after arriving, and
Later apply for Settled Status once they complete 5 years’ continuous residence.
Deadline for Applying to the EU Settlement Scheme
Grace Period deadline
The main deadline for people resident in the UK before 31 December 2020 was 30 June 2021 (end of the Grace Period).
Late applications
If you missed the deadline, you may still be able to apply if:
the deadline did not apply to you, or
you have reasonable grounds for applying late.
Home Office guidance has been updated (including an update on 16 January 2024) to provide clearer direction for people who did not realise they needed to apply and are now submitting late applications.
Settled Status Requirements (Qualifying Criteria)
To qualify for Settled Status, you usually must show:
you fall within an eligible category (relevant EEA citizen / eligible family member / retained right / derivative right / Zambrano right), and
you started living in the UK by 31 December 2020 (unless you are a qualifying joining family member), and
you have completed a continuous qualifying period of residence of at least 5 years.
What is Settled Status?
Settled Status means you can:
stay in the UK indefinitely
work, study, and access eligible services without immigration time limits
You can usually spend up to 5 years in a row outside the UK without losing Settled Status (commonly 4 years for Swiss citizens).
Demonstrating 5 Years’ Continuous Residence
To prove 5 years’ continuous residence, you generally need to show you lived in the UK (or the Channel Islands / Isle of Man) for at least 6 months in every 12 months across a consecutive 5-year period.
Absences that usually do NOT break continuous residence
Continuous residence is typically not broken by:
one absence of up to 12 months for an important reason (e.g., childbirth, serious illness, study, vocational training, overseas posting)
compulsory military service (any length)
time abroad as a Crown servant (or their family member)
time abroad in the armed forces (or their family member)
certain Home Office COVID-19 concessions (where applicable)
Who Should Apply to the EU Settlement Scheme?
EU, EEA and Swiss citizens
You should apply if you are an EU/EEA/Swiss citizen and want to continue living lawfully in the UK post-Brexit (subject to deadline rules and exemptions).
Family members
You should also apply if you are a non-EEA/Swiss citizen but are an eligible family member, such as:
spouse / civil partner / durable partner
children and dependent children
dependent parents/grandparents
other dependent relatives (where applicable)
In many cases, the relationship must have existed before 31 December 2020, and some applicants may need a Family Permit first if applying from overseas.
Who is Exempt from Applying?
You may not need to apply if you are:
an Irish citizen (including dual British-Irish citizens)
a British citizen / not subject to immigration control
already holding indefinite leave to enter or remain
a frontier worker (you may instead need a Frontier Worker Permit; family members may still need EUSS)
Who Else Can Apply to the EU Settlement Scheme?
In some circumstances, you may be eligible even if you are not an EU/EEA/Swiss citizen, for example if you are:
the primary carer of a British/EU/EEA/Swiss citizen (where applicable)
a person with a derivative right to reside
a person with a Zambrano right to reside
connected to a child in local authority care (in specific situations)
Because these categories are technical, legal advice is often recommended.
What Can I Do If My EUSS Application Is Refused?
Depending on the decision and your circumstances, you may be able to:
appeal to the First-tier Tribunal (Immigration & Asylum Chamber)
request an administrative review (where eligible)
submit a fresh application with stronger evidence (where appropriate)
How to View and Prove Your Status Online
Your immigration status under the EUSS is digital. You can:
view your status online
generate a share code to prove your right to work/rent
update personal details like passport number and email address
Get in Touch
Primus Solicitors can guide you through the EU Settlement Scheme—whether you’re applying for Pre-Settled Status, switching to Settled Status, submitting a late application, or challenging a refusal.
Contact us today for support with your EU Settlement Scheme matter.
