EU Settlement Scheme (EUSS) Guide

Freedom of movement between the UK and the EU officially ended on the 31st December 2020. EU citizens must now apply for a relevant UK visa to live, work or study in the United Kingdom.

The end of free movement has made it more difficult for EU citizens to move to the UK. However, the EU Settlement Scheme was created to secure the rights of EU citizens residing in the UK.

The rights of EU citizens living in the UK before the 1st January 2021 will remain the same until 30th June 2021.

Changes to the scheme in 2023, mean people with pre-settled status via the EU Settlement Scheme will automatically have their pre-settled status extended by two years if they have not obtained settled status by the time their pre-settled status was due to expire.

Successful applicants for the EU Settlement Scheme will be able to continue living in the UK without a visa. The Home Office will also grant them Settled or pre-settled status.

Page Contents

• What is the EU Settlement Scheme?
• Who is Eligible for EU Settlement Scheme?
• How to Apply for EU Settlement Scheme?
• Late Application to EUSS
• If You Did Not Apply by the Deadline
• What Does Settled Status Mean?
• What Does Pre-Settled Status Mean?
• Applying for Pre-Settled and Settled Status
• Requirements for Pre-Settled Status
• Difference Between Settled and Pre Settled Status
• How to Check My Pre-Settled Status?
• Pre-Settled Status Extension
• EU Settlement Scheme Fee and Processing Time
• Joining Family Member Under the EUSS
• What if My Application is Refused?
• What Rights Will I Have Under the EU Settlement Scheme?
• How Can Total Law Help?

If you are an EU, EEA or Swiss citizen who was living in the UK before the 1st January 2021, you could be eligible for the EU Settlement Scheme. The EEA includes the EU countries and also Iceland, Liechtenstein and Norway.

You can also apply as the family member of an EU, EEA or Swiss citizen. As well as the family member of an eligible person of Northern Ireland.

It’s worth noting that some people may be eligible to stay in the UK without applying for the EU Settlement Scheme. This includes Irish citizens or people who already hold Indefinite Leave to Remain (ILR) in the UK. If you are applying to join a family member, you’ll need to make an application even if they are exempt from having to apply.

Your children are also eligible to apply for the scheme, but you will need to make separate applications for them.

Frontier workers, who work in the UK but do not live here, don’t need to apply for the EU Settlement Scheme.

Applications for the EU Settlement Scheme are free and you can apply online on the gov.uk website.

As well as filling in the application form, you will need to submit some documents to the Home Office. There are options to do this electronically or by post.

The documents that you will need to apply include:

• Proof of your identity – EU, EEA and Swiss citizens will need to provide a valid passport or identity card and a digital photo of your face. Non-EU, EEA or Swiss citizens will need to provide either a valid passport, a biometric residence permit or card and a digital photo of your face.
• Proof of residence – If you arrived in the UK before the 31st December 2021 then you can supply the Home Office with your National Insurance Number which can be used to automatically verify your residence. If you are applying for settled status, you may need to provide additional documents to prove your continuous 5 years residence.
• Proof of relationship with your family member – if you are not from the EU, EEA or Switzerland then you will need to provide proof of your relationship with the family member that you are applying to join.

Separate applications must be made for your children, you can apply for them, or they can apply for themselves.

Although the main deadline for the EU Settlement Scheme (EUSS) was 30 June 2021, you can still apply if you have “reasonable grounds” for missing it. The Home Office assesses these on a case-by-case basis, focusing on whether there was a genuine barrier that prevented you from applying on time or a clear, justifiable reason for delay.

Understanding “Reasonable Grounds” in Practice

Reasonable grounds generally cover situations where applying earlier was not realistically possible. These are typically circumstances where the delay was outside your control or where you reasonably believed no action was required at the time. The Home Office will also consider whether you applied as soon as you were able after the issue was resolved.

Common examples include:

• Medical reasons: Serious illness, hospitalisation, or ongoing treatment that prevented you from applying.
• Children and minors: Where a parent, guardian, or local authority failed to apply on behalf of a child.
• Expired leave: Holding another form of valid immigration status that has since expired, delaying the need to apply under the EUSS.
• EEA residence documents: Reliance on documents issued under previous EEA regulations, leading to a reasonable belief that no further application was needed.

In all cases, the Home Office expects supporting evidence such as medical records or proof of previous status, along with a clear explanation for the delay.

Specific Considerations for Joining Family Members

For joining family members, the concept of reasonable grounds is more nuanced, particularly following changes introduced on 8 October 2024. While they are usually required to apply within three months of their first arrival in the UK after 31 December 2020, several exceptions apply.

Key scenarios include:

• Entry via an EUSS Family Permit: Holding a valid (or recently expired) permit is automatically accepted as reasonable grounds, provided the application is made before it expires.
• Change in circumstances: For example, a person who previously visited the UK but later decided to live or work there permanently, and applies as soon as reasonably possible after that decision.
• Reliance on previous rules: Where earlier visits were made under older guidance and the applicant was unaware of the need to apply.
• Previous visitor status: Individuals who visited the UK after 31 December 2020, left before their permission expired, and are now applying to join a sponsor.

As with all late applications, a detailed explanation and strong evidence are essential. Without this, applications may be refused, and key rights – such as working, studying, or accessing healthcare – are not protected until a valid application is submitted and acknowledged.

If you missed the 30 June 2021 deadline for the EU Settlement Scheme (EUSS), you should act immediately to protect your legal status in the UK. Although the deadline has passed, late applications are still accepted where you can show “reasonable grounds” for the delay, and applying as soon as possible is essential.

Your first step is to assess whether you are eligible for settled or pre-settled status. If you are, you should prepare and submit your application without delay. A key part of this process is identifying and evidencing your “reasonable grounds” for missing the deadline. These may include medical issues, being a child whose parent or guardian failed to apply on your behalf, or having held another immigration status that has since expired. You will need to clearly explain your situation and provide supporting documents.

The application is free and completed online via the official government process. Submitting it promptly is critical, as unnecessary delay can weaken your case even where reasons are valid.

Failing to apply, or applying without valid reasonable grounds, can have serious consequences. If you do not hold another form of lawful status, such as citizenship or Indefinite Leave to Remain, you may lose your legal rights in the UK. Without a valid application or a Certificate of Application, you may not be able to work, study, rent accommodation in England, or access benefits and services, including NHS healthcare.

In addition, you could be considered unlawfully present in the UK and may face enforcement action, including removal.

Protecting Your Rights During the Application

Once you submit a valid late application and receive a Certificate of Application, your rights are temporarily protected while your case is being considered. This document allows you to prove your right to work, rent, and access services during this period.

For joining family members, rights are automatically protected for the first 90 days after arrival in the UK. After this, you must show you have submitted an application to continue benefiting from these protections. Applications made after entering the UK unlawfully are likely to be refused.

If you’ve lived in the UK for a continuous period of 5 years or more, then you will usually be granted settled status when applying for the EU Settlement Scheme.

Continuous residence means that for 5 years in a row you’ve spent at least 6 months in any 12-month period in the UK, Isle of Man or the Channel Islands.

If you are granted settled status, this means that you can continue living in the UK indefinitely. You may also be able to apply for British Citizenship If you are eligible.

If you don’t have 5 years continuous residence at the time of your application, you’ll usually be granted pre-settled status.

Pre-settled status will give you the right to remain in the UK for another 5 years. Once you have 5 years of continuous residence, you will be able to apply to change your pre-settled status to settled status.

The EU Settlement Scheme application process is free and primarily completed online via the official GOV.UK website.

What You’ll Need to Apply

To complete your application, you must provide key information to confirm your identity, residence, and (where relevant) your relationship:

• Proof of identity: EU, EEA, or Swiss citizens must provide a valid passport or national identity card. Non-EEA family members must provide a valid passport, biometric residence permit, or biometric residence card. All applicants must also submit a digital facial photograph.
• Proof of residence: In many cases, you can use your National Insurance number to allow the Home Office to automatically check your UK residence through tax or benefits records. If this is insufficient, you will need additional evidence such as bank statements, utility bills, or tenancy documents.
• Proof of relationship (if applicable): Non-EEA family members must provide evidence of their relationship to the EU, EEA, or Swiss citizen they are joining.

Applying for Children

Each child must have their own application, even if their parents have already applied or are not required to do so. A parent or guardian can complete the application on the child’s behalf, although older children may apply independently.

Upgrading from Pre-Settled to Settled Status

After completing five years of continuous residence in the UK, you are usually eligible for settled status.

• Automatic upgrades: Since January 2025, the Home Office has begun automatically converting eligible pre-settled status holders to settled status using HMRC and DWP records. You will be notified if this applies to you.
• Manual applications: You can still apply manually as soon as you meet the requirements. This is often advisable if you need confirmation of settled status quickly – for example, for a mortgage or citizenship application.

Meeting the Residency Requirement

To qualify for settled status, you must show continuous residence in the UK. From 16 July 2025, this can be met in two ways:

• Standard test: Five years’ residence with no more than six months’ absence in any 12-month period (subject to limited exceptions).
• Alternative test: At least 30 months of physical presence in the UK within any rolling 60-month period, regardless of how absences are distributed.

After You Apply

Once you submit your application, you will receive a Certificate of Application. This document temporarily protects your rights to work, study, and access healthcare while you await a decision.

Pre-settled status is a form of limited leave to remain granted to individuals who have not yet completed five years of continuous residence in the UK. It allows you to live, work, and study in the UK while you build towards eligibility for settled status.

To qualify for pre-settled status, you must meet several key requirements relating to nationality, residence, and timing:

• Nationality: You must be a citizen of the EU, EEA (Iceland, Liechtenstein, Norway), or Switzerland, or an eligible family member of such a citizen.
• Arrival date: You must have started living in the UK by 31 December 2020, unless you are applying as a joining family member.
• Length of residence: At the time of applying, you must have lived in the UK for less than five continuous years.
• Continuous residence: You must generally not have spent more than six months outside the UK in any 12-month period, subject to limited exceptions.

When applying, you must submit evidence to confirm your identity, residence, and (if applicable) your relationship.

While both statuses under the EU Settlement Scheme (EUSS) allow you to live in the UK, they differ significantly in terms of permanence, absence rules, and progression to British citizenship.

Settled Status (Indefinite Leave to Remain)

Settled status is a permanent form of immigration status granted after completing five years of continuous residence in the UK. It provides long-term security and greater flexibility.

• Duration: There is no time limit on your stay in the UK.
• Absences: You can spend up to five consecutive years outside the UK (or four years for Swiss citizens and their family members) without losing your status.
• Children: Children born in the UK after you obtain settled status are usually automatically British citizens at birth.
• Citizenship: You can generally apply for British citizenship after holding settled status for 12 months, provided you meet the other eligibility requirements.

Pre-Settled Status (Limited Leave to Remain)

Pre-settled status is a temporary status for those who began living in the UK by 31 December 2020 but have not yet reached five years of continuous residence.

• Duration: Granted for five years, with automatic extensions of a further five years to prevent individuals from losing status.
• Absences: Following changes introduced in May 2024, you can now spend up to five continuous years outside the UK (or four years in Swiss cases) without losing your status.
• Children: A child born in the UK to a parent with pre-settled status is not automatically British unless the other parent is British or holds settled status.
• Citizenship: You cannot apply for British citizenship directly. You must first qualify for and obtain settled status.

Shared Rights and Digital Status

Both settled and pre-settled status give you the right to work, study, rent property, and access the NHS and public funds in the UK.

Your status is held digitally as an eVisa rather than a physical document. To prove your rights, you must use the Home Office’s online “View and Prove” service to generate a share code, which can be provided to employers, landlords, or other organisations when required.

If you have been granted pre-settled status under the EU Settlement Scheme, you can check your status online at any time. Because your status is digital (an eVisa), there is no physical document – everything is accessed through the Home Office system.

Accessing Your Status Online

To check your pre-settled status, you need to use the official “View and Prove your immigration status” service on GOV.UK. This is the only way to view your current status and confirm your rights.

To log in, you will usually need:

• The identity document you used when applying (such as your passport or national ID card).
• Access to your registered email address or phone number to receive a one-time security code.

Once logged in, you will be able to see:

• Whether you hold pre-settled or settled status
• The date your status was granted
• Any relevant conditions or details linked to your status.

You can also use the same system to generate a share code if you need to prove your status to an employer, landlord, or service provider. This allows them to verify your rights securely online.

If You Have Applied but Not Yet Received a Decision

If you are still waiting for a decision, you can log in to check your Certificate of Application, which temporarily confirms your rights in the UK while your application is being processed.

Keeping Your Account Updated

It is important to keep your details up to date. If you renew your passport or change your contact information, you should update your account to ensure continued access to your status and to avoid issues when proving your rights.

Originally, pre-settled status was a temporary five-year grant of leave designed to allow individuals to reach the five-year continuous residence requirement needed for settled status. However, following a landmark High Court ruling (IMA v SSHD), it was found to be unlawful for individuals to lose their rights simply because they did not make a second application. As a result, the Home Office introduced a system of automatic extensions to prevent people from becoming undocumented.

Automatic Five-Year Extension

To ensure continuity of rights while individuals build up eligibility for settled status, pre-settled status is now automatically extended before it expires. While earlier extensions were for two years, since May 2024 these have been increased to five years.

• No action required: The extension is applied automatically to your digital immigration record. You do not need to make a new application or contact the Home Office.
• Email notification: You will receive an email confirming that your status has been extended.
• Updated digital status: Your eVisa is updated with the new expiry date. Systems used by employers and landlords are designed to recognise these extensions to avoid wrongful refusals of work or housing.

Purpose and Limitations

The main purpose of the extension system is to protect your right to live, work, study, and access public services in the UK while you progress towards settled status.

• The Home Office can still review and, in some cases, cancel an extension if it is determined that the individual no longer meets the scheme’s requirements.
• Despite the automatic extension, you are still encouraged to apply for settled status as soon as you reach five years of continuous residence, particularly if you intend to apply for British citizenship later.

Applying for the EU Settlement Scheme is completely free of charge. This applies to all types of applications – there are no government fees at any stage of the process.

Processing times for EUSS applications can vary depending on individual circumstances. While many straightforward cases are decided quickly, some applications take longer due to additional checks or required evidence.

Common factors affecting processing time include:

• Case complexity: Applications involving late submissions, reasonable grounds, or joining family members often require more detailed assessment and may take longer to process.
• Evidence verification: If your residence cannot be confirmed automatically using your National Insurance number, you may need to submit additional documents such as bank statements, payslips, or utility bills, which can extend processing time.
• Completeness of application: Incomplete applications or missing documents can lead to delays or refusal.

A joining family member is someone who comes to the UK to join a qualifying relative (the “sponsor”) who was resident in the UK by 31 December 2020 and has since been granted EUSS status.

To qualify, the following conditions generally apply:

• Relationship timing: In most cases, your family relationship must have existed by 31 December 2020. Exceptions apply for children born or legally adopted after this date.
• Ongoing relationship: The family relationship must still exist at the time you submit your application.
• Sponsor status: Your sponsor must hold either pre-settled or settled status under the EUSS and have been resident in the UK by the end of the transition period.

Application Deadlines and Recent Changes

Rule changes introduced on 8 October 2024 have clarified how deadlines apply to joining family members:

• Three-month rule: You are generally expected to apply within three months of your first arrival in the UK after 31 December 2020.
• Previous visits: If you have previously visited the UK and are now applying to live here, the Home Office may treat your application as late if it was not made within three months of that visit. In such cases, you must show reasonable grounds for the delay.
• Change in circumstances: More flexibility may apply where your situation has changed, such as deciding to move permanently to work or live with your sponsor after earlier short visits.

The Role of the EUSS Family Permit

Applying for an EUSS Family Permit before travelling to the UK is strongly recommended:

• Automatic reasonable grounds: Entry to the UK using a valid family permit is automatically accepted as reasonable grounds for a late application for pre-settled status.
• Time limit: After arriving, you must normally submit your EUSS application within the validity of the permit, usually within three months.

If your application is refused, it is important to act quickly, as there are formal legal routes available to challenge the decision.

• Administrative Review: This allows you to ask the Home Office to reconsider the decision if you believe a mistake was made in applying the rules or assessing your evidence. It is usually based on errors rather than new information.
• Immigration Appeal: In some cases, you may have a right to appeal to the First-tier Tribunal, where an independent judge will review your case and decide whether the refusal was lawful. This process allows a full reconsideration of the evidence.

Protection of Rights During a Challenge

If you submit an administrative review or appeal, your rights in the UK are generally protected while the process is ongoing.

• You can usually continue to work, study, rent property, and access NHS services.
• Your Certificate of Application remains valid proof of your rights during this period.
• These protections remain in place until a final decision is made on your review or appeal.

Consequences of a Final Refusal

If your refusal is ultimately upheld and you do not hold any other form of lawful immigration status, your rights in the UK will end. This may mean:

• You will lose the right to work or study.
• You may no longer be able to access benefits or free NHS healthcare.
• You could become liable for removal from the UK, as you would be considered unlawfully present.

Special Considerations for Joining Family Members

For joining family members, a refusal can significantly affect future applications. In most cases, the Home Office’s more flexible approach to late applications will not apply if you have already had an EUSS application refused or rejected. You may need to explore alternative routes, such as applying for an EUSS Family Permit, to re-establish eligibility.

Curtailment of Status

In some situations, even granted status (such as pre-settled status) can be cancelled or reduced if the Home Office believes eligibility requirements are no longer met or if fraud is suspected. Any decision to curtail status can also be challenged through appeal rights.

If you are granted pre-settled or settled status under the EU settlement scheme then you will be able to:

• Work in the UK
• Study in the UK
• Use the NHS for free
• Access public funds
• Travel in and out of the country

You may not have the same rights if you have been granted settled or pre-settled status as the family member of an EU, EEA, Swiss or Irish citizen.