EU Settlement Scheme (EUSS)

The EU Settlement Scheme is a UK immigration permission designed for citizens of the European Economic Area (EEA) - which includes EU member states, Iceland, Liechtenstein, and Norway - as well as Switzerland and their family members. If you were living in the UK before January 1, 2021, you might be eligible to apply. 

Types of Status 

• Pre-Settled Status: Grants you permission to stay in the UK for five years. 
• Settled Status: Allows you to remain in the UK indefinitely. 

Family members of EU, EEA, and Swiss nationals who are not themselves from these regions may also be eligible to apply. 

 Irish citizens do not need to apply due to the Common Travel Area agreements between the UK and Ireland. Specific information for Irish citizens is available on the UK government website. 

Pre-Settled Status 

Duration: Valid for five years from the date granted. 

Rights: You can work, study, access public funds, and use the NHS. You can travel freely in and out of the UK. 

Absence: You can spend up to five years outside the UK without losing your status. However, long absences may affect your eligibility for Settled Status. 

Settled Status 

Eligibility: Apply once you have five years of continuous residence in the UK. You don't need to wait until your Pre-Settled Status expires if you meet the criteria earlier. 

Rights: Similar to Pre-Settled Status, but you can stay in the UK indefinitely. You can also apply for British citizenship and any children born in the UK will automatically become British citizens. 

Absence: You can spend up to five years outside the UK without losing your status (four years for Swiss nationals and their family members). 

On 21 December 2022, the High Court ruled that the EU Settlement Scheme (EUSS) was unlawful because it required EU, EEA, and Swiss nationals with pre-settled status to make a second application for settled status, which was found to be in contradiction to the Withdrawal Agreement. 

As a result of this ruling, the UK Government has implemented changes to the EUSS: 

• Automatic Extensions: From September 2024, individuals with pre-settled status will have their status automatically extended by 5 years before it expires if you have not yet obtained settled status. Automatic extension will happen a month before it’s due to expire even if you have exceeded the continuous residence absences. Having your pre-settled status permission extended won’t re-start the clock to meet the 5 years qualifying period. 

• Automatic Conversion: The Home Office will conduct automated checks usually with HMRC data to verify continuous residence and automatically convert eligible individuals to settled status without requiring a further application a month before it’s due to expire. You may choose to submit an application before you’re automatically converted if you’re eligible. The Home Office says later in 2025 they will “expand this process to enable more eligible Pre-Settled status holders to benefit from it”. 
• Lapsing leave: Your Pre-settled status will lapse after either two or five years of continuous absence, depending on your absences on 21 May 2024. If you have pre-settled status and acquired permanent residence rights before May 21, 2024, your status lapses after five years of continuous absence. If you haven't acquired permanent residence rights and have been absent for more than two consecutive years before this date, your status has already lapsed. But it may still show as active. For absences starting before May 21, 2024, but not reaching two years by that date, your status will lapse after five years of continuous absence. Absences starting after May 21, 2024, allow up to five years abroad without losing status. 

The Home Office will remove the pre-settled status expiry date from the digital profiles shown to third parties in the online checking services for Right to Work, Right to Rent and View and Prove. 

Alongside this change, employers, landlords and letting agents will not be required to conduct a further right to work or rent check where the individual remains in their employment or as part of that tenancy agreement. 

You can be outside the UK for up to 6 months in any 12-month period without losing your Pre-Settled status and you will not need to provide evidence of these absences. If you have absences from the UK that are less than 6 months in any 12-month period, you can still be considered continuously resident in the UK to qualify for Settled status after 5 years.  

UKVI guidance defines a month as 30 calendar days, so 6 months would be 180 days, and the cumulative total of absences in any 12-month period must not exceed 180 days. This six-month cap applies to both single lengthy periods and multiple trips totalling six months. The Home Office considers a rolling period of 12 months, which resets with each trip. Therefore, it's essential to monitor your absences to ensure they do not exceed 6 months in any 12-month period. 

One period of up to 12 months is allowed for an important reason and will not break your continuous qualifying period of residence.  Check out the reasons for extended absences information below.  

If you have been absent from the UK for more than 12 months due to an important reason, including coronavirus, you have exceeded the permitted absence. However, UKVI has introduced a coronavirus concession allowing you to maintain continuous residence for Settled Status eligibility if you can prove that coronavirus prevented or advised against your return within 12 months and for a period thereafter. The EU Settlement Scheme Guidance details acceptable COVID-19 related reasons and required evidence. This means your continuous qualifying period of residence will be paused after 12 months and resume upon your return.  

You can have multiple absences of less than 6 months, as long as the total does not exceed 6 months in any 12-month period. Only one period of absence up to 12 months for an important reason is allowed. If you have a second period of absence exceeding 6 months in any 12-month period for an important reason, you exceed the permitted absence. However, the EU Settlement Scheme Guidance allows a second period of absence up to 12 months for a coronavirus-related reason. For example, a study abroad year followed by remote study due to COVID-19. Only the first 6 months of the second absence will count towards your continuous qualifying period, which will be paused after 6 months and resume upon your return to the UK. 

Certain exceptional circumstances allow for a longer absence without affecting your continuous residence. These include: 

• Pregnancy 
• Serious illness 
• Study  
• Overseas work posting 
• compulsory military service  
• Remote study during COVID-19 pandemic may be considered 

 To calculate your absences, count the number of days you were outside the UK in each 12-month period. Ensure that your total absences do not exceed the permitted limits to maintain your status. The 3 Million organisation has a useful absence calculator tool. 

Maintaining your EU settlement status requires careful planning and adherence to the rules regarding absences. If you have any doubts or need further assistance, consider seeking advice from an immigration expert. 

Relevant family members who are either European nationals or of a non-European nationality currently outside the UK can apply for an EU Settlement Scheme Family Permit to come to the UK and join their EU/EEA/Swiss family members. Your family relationship must have started before 31 December 2020. This rule applies to most family members, except children born or adopted after this date. Once you have arrived in the UK, you can apply for the EU Settlement Scheme.    

Late Applications 

If you're considering a late application, it's crucial to seek specialist immigration advice to ensure your application is valid. If your reasons for applying late are not accepted, your application will be rejected without the right to appeal or review. Organisations like The 3 Million offer valuable information on making a late application. 

Since 9 August 2023, it has become harder to prove ‘reasonable grounds’ to submit a late EU Settlement scheme application. The EU Settlement Scheme Caseworker guide page 40 confirms the more time has elapse between the application and the deadline, the harder it will get to satisfy there are reasonable grounds for failure to meet the application deadline. 

Please see the information on the UK government website which explains which family relationships are eligible, and how to apply, and what the deadlines are.  

If you have questions about the information on this page, you can contact a Welfare Adviser.  

The United Kingdom Council for International Student Affairs (UKCISA) has detailed information on the EU Settlement scheme and other issues relating to EU, EEA & Swiss nationals, as well as a free student information line.

The UK Government website has a section for EU, EEA & Swiss nationals which contains information on the EU Settlement Scheme, the Application form, policy guidance, immigration rules and other essential information. 

If you have questions about your EU Settlement Scheme application, you can contact the Home Office EU Settlement Resolution Centre by phone or online. 

The gov.uk website lists organisations who can advise 'vulnerable people' on their applications. This includes some Local Authorities so you could try contacting yours to see if they are advising European nationals.  

Settled is an independent specialist information and advice service for European Citizens and family members living in the UK. They can be contacted through their website, by email or by telephone. 

The AIRE Centre (Advice on Individual Rights in Europe) is an advice centre which specialises in European rights. You can email them for written legal advice which they take around 2-3 weeks to provide. 

The Citizens Advice Bureau has branches across the UK and provides free independent advice on a range of legal matters including immigration related issues. 

The Immigration Law Practioners’ Association is an umbrella body for immigration solicitors and advisers many of which specialise in EU rights.