Settled & Pre-Settled Status

What is EUSS Settled and Pre-Settled Status

The EU Settlement Scheme (EUSS) allows individual who is an EU, EEA or Swiss citizen, or an eligible person of Northern Ireland, and started living in the UK by 31 December 2020, to continue living in the UK after 30 June 2021. The family members of those above can also apply under this route.

Eligible persons who have completed a continuous 5 year period of qualifying residence in the UK will be granted indefinite leave to remain in the UK, also known as Settled Status. If you are not eligible for Settled Status under the EU Settlement Scheme solely because you have not completed a continuous qualifying period of residence of at least 5 years then you will be granted Pre-Settled Status.



Relevant family members include the spouse, civil partner or unmarried partner of an EU, EEA or Swiss citizen, as well as the child, grandchild or great-grandchild under 21 years old, dependent child over the age of 21, dependent parent, grandparent or great-grandparent or dependent relative of either an EU, EEA or Swiss citizen or their spouse or civil partner. The evidence of family relationships varies for each type of family member. Generally, a relationship needs to have existed prior to 31 December 2020.

General requirements

In order to qualify for an EUSS Settled Status, you will need to satisfy UK Visas and Immigration that you meet the following requirements:

• You are a relevant EEA citizen; or
• You are a family member of a relevant EEA citizen; or
• You are a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
• You are a person with a derivative right to reside; or
• You are a person with a Zambrano right to reside; and
• You started living in the UK by 31 December 2020 (or you are a joining family member who arrived after 31 December 2020 and subsequently completed a continuous qualifying period of residence of at least 5 years); and
• You have completed a continuous qualifying period of residence of at least 5 years.

You may be considered to be resident in the UK on 31 December 2020 and may be eligible for settled status if you both:

• lived in the UK for a continuous 5-year period in the past; and
• have not left the UK for more than 5 years in a row since then.

If you meet all the other requirements but have not lived in the UK for a continuous 5-year on the date of the application, you may apply for a Pre-Settled status instead.

The exact requirements you will need to satisfy may vary depending on your circumstances. You may want to speak to an immigration specialist for expert advice.

Exceptional circumstances

You may still be able to apply under the EU Settlement Scheme if you meet one of the following requirements: 

• You are a family member of an EU, EEA or Swiss citizen who has retained the right of residence by virtue of a relationship with a relevant EEA citizen who has passed away or from whom you have separated or where the family relationship has broken down;
• You are a family member of a British citizen and you lived outside the UK in an EEA country together;
• You are a family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship;
• You are the primary carer of a British, EU, EEA or Swiss citizen; or
• You are the child of an EU, EEA or Swiss citizen who used to live and work in the UK, or the child’s primary carer.

Depending on your circumstances, you must also meet other requirements to be eligible for this scheme. As this can be a complex area of rules, we would recommend you to discuss with our immigration specialist for advice.

Deadline for application

The deadline for making an application to the EU Settlement Scheme was 30 June 2021. However, you will still be able to apply after this date if:

• You have reasonable grounds for making a late application.
• You are a family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein who was living here by 31 December 2020, and you joined them in the UK on or after 1 April 2021 (you have 90 days to apply from when you arrive in the UK).
• You are applying for your child, who was born or adopted in the UK on or after 1 April 2021 (you have 90 days from when they were born or adopted to apply to the EUSS).
• You are a family member of an eligible person of Northern Ireland, but they could not move back to the UK by 31 December 2020 without you - you must be from outside the EU, Switzerland, Norway, Iceland or Liechtenstein (you have 90 days to apply from when you arrive in the UK).
• You are here with limited leave to enter or remain in the UK (e.g. on a work or study visa), which expires after 30 June 2021 (you must apply before your leave expires). Or
• You are a family member of a British citizen who you lived within the EU, Switzerland, Norway, Iceland or Liechtenstein – in this case, you must have lived with them in that country by 30 December 2020 and returned to the UK with them (you must apply by 29th march 2022).

How long can you stay in the UK

If you are granted Settled Status, you will have Indefinite Leave to Remain which means you are permanently free from immigration time restrictions. However, if you are absent from the UK for more than52 years (or 4 years if you are a Swiss national), your ILR will be revoked. You will then need to make a Returning Residence application before you can travel to the UK again.

If you are granted Pre-Settled Status, you will have limited leave to remain for a period of 5 years. Once you have lived continuously in the UK for 5 years, you can apply to switch to Settled Status.

Processing time and application fees 

The application is currently free of charge. You are also not required to pay the Immigration Health Surcharge.

The application processing time varies and on average may take about 5 working days if no further information is required, or significantly longer if otherwise. 

How we can help

Our knowledgeable and experienced immigration team can:

• Assess your case and advise whether you are eligible to apply
• Provide you with a tailored & comprehensive document list
• Review all your documents and advise on necessary amendments
• Suggest on how to improve your application
• Complete your application forms in accordance with the UKVI requirements
• Assist you to complete the application submission process
• Provide our representation letter to support your application with necessary legal arguments
• Liaise with UKVI on your behalf

Depending on your need and budget, we have different levels of services that you may choose from. Check out Our Services to see which one is for you. 

Want to discuss your case with an immigration specialist? Contact Us now.