EU Settlement Scheme Applications

Although the UK has left the EU, some people from EEA countries and Switzerland, and their family members, may still benefit from rights arising from EU free movement rights.

After the UK left the EU on 31 January 2020, there was a transitional period until 31 December 2020. During this time people could still benefit from EU free movement rights.

Most EEA and Swiss nationals and eligible family members were required to apply for settled status (if they had five years residence) or pre-settled status (less than five years residence) under the EU Settlement Scheme (EUSS) if they had been living in the UK before the end of the transitional period.

The deadline for applying was 30 June 2021 but late applications can still be made where there is a good reason for not applying before the deadline.

Those people granted pre-settled status can apply for settled status when they have reached the five-year residence period. In some cases, earlier applications can be made.

Some family members of EEA and Swiss nationals can still benefit from pre-Brexit rights where:

• The EEA or Swiss national was living in the UK before 31 December 2020
• The relationship existed before this date or the family member is a child born or adopted after that date

Eligible family members, living outside the UK can make applications for EUSS family permits to enable them come to the UK. They would then need to apply for pre-settled (or settled) status in the UK. Some family members already holding UK documents may be able to apply for pre-settled or settled status directly from outside the UK.

Applications under the EU Settlement Scheme are free and family permits should be processed “as soon as possible”.

Different rules apply for Irish nationals and family members of people from Northern Ireland.

EEA and Swiss nationals and family members who fall outside the scheme will be required to make applications under the UK immigration rules.

There have been recent legal challenges to the EU Settlement Scheme and this is an evolving area of immigration.

We can assist with:

• Advice on options for EEA and Swiss nationals and their family members
• Applications for EUSS family permits
• Applications for EUSS pre-settled/settled status (including late applications)
• Citizenship applications