The Ultimate Guide to the EU Settlement Scheme: Everything You Need to Know
Brexit changed a lot of things, and for EU, EEA, and Swiss citizens living in the UK, one of the biggest changes was the need to apply under the EU Settlement Scheme (EUSS) to protect their rights to live, work, and study in the country.
If you’ve been living in the UK before 31 December 2020, this scheme allows you to secure your immigration status and continue life in the UK without issues. However, the scheme is not without its complexities—there have been delays, misunderstandings, and a fair amount of stress for many applicants.
Whether you’re applying for the first time, switching from pre-settled status to settled status, or dealing with complications like a rejected application or an expired pre-settled status, this guide will give you everything you need to know, without the unnecessary legal jargon.
1️⃣ What is the EU Settlement Scheme?
The EU Settlement Scheme (EUSS) is a Home Office immigration scheme that grants either pre-settled or settled status to eligible applicants.
- Settled status – If you have lived in the UK for five continuous years before applying, you’ll get settled status, which is similar to indefinite leave to remain (ILR).
- Pre-settled status – If you haven’t yet reached five years in the UK, you’ll get pre-settled status, which allows you to stay for five more years until you can apply for settled status.
📌 Important: Pre-settled status holders must apply for settled status before their pre-settled status expires—this does not happen automatically unless the Home Office converts it for you (which is a recent policy change).
✅ What does EUSS allow you to do?
- Stay in the UK indefinitely (if you get settled status).
- Work, study, rent property, and access healthcare and benefits just like British citizens.
- Travel freely in and out of the UK (but be mindful of absence rules).
⏳ Deadline for Late Applications:
The deadline for most applications was 30 June 2021, but you can still apply late if you have a valid reason for missing it. If you’re eligible but haven’t applied, do it immediately.
2️⃣ Who Can Apply?
You can apply if:
✔ You are an EU, EEA, or Swiss citizen who was living in the UK before 31 December 2020.
✔ You are a family member of an EU citizen, even if you yourself are not from the EU.
✔ You are a non-EU primary carer of a British citizen (with Zambrano rights).
✔ You were born in the UK but are not automatically British (e.g., your parents were EU nationals without settled status at the time of your birth).
📌 What about children? If you have a child who was born after 31 December 2020, they can still apply under the scheme if you are eligible.
3️⃣ How to Apply for the EU Settlement Scheme (Step-by-Step Guide)
Applying for the EU Settlement Scheme is free, and most people can do it online.
Step 1: Prepare Your Documents
📌 You’ll need:
✔ Valid Passport or National ID Card – Proof of your identity.
✔ Proof of UK residence – National Insurance records, bank statements, tenancy agreements, or utility bills.
✔ Family relationship proof (if applicable) – Marriage certificate, birth certificate, or adoption papers.
💡 If the Home Office can check your residence automatically using your National Insurance number, you may not need to provide additional proof.
Step 2: Complete the Online Application
- Apply via the official UK government website here.
- Use the EU Exit: ID Document Check app to scan your passport or ID.
- Upload supporting documents if required.
Step 3: Wait for a Decision
- Processing time varies (a few days to a few months).
- You will receive an email with the decision.
- Settled or pre-settled status will be stored digitally—you won’t get a physical document.
📌 Tip: If your case is straightforward, decisions are often quick. However, if you have gaps in your residency history or if you have a criminal record, it may take longer.
4️⃣ Switching from Pre-Settled to Settled Status
If you were granted pre-settled status, you must apply for settled status once you complete five years in the UK.
✅ Good news: The Home Office recently announced that eligible pre-settled status holders will be automatically upgraded to settled status once they meet the residency requirement—so you may not even need to apply.
📌 Absence Rules:
- You must not have been outside the UK for more than six months in any 12-month period.
- If you left the UK for more than five years, your pre-settled or settled status will be lost.
5️⃣ What Happens If Your Application is Rejected?
If your application is refused, you can appeal or reapply if:
❌ You provided insufficient evidence of residence.
❌ The Home Office questions the authenticity of your documents.
❌ There are criminal record concerns (though not all criminal records lead to refusal).
💡 How to fix it?
- Provide stronger evidence (e.g., continuous tax records, utility bills, rental contracts).
- Seek legal help if the rejection seems unfair.
6️⃣ What About Family Members?
If you are an EU citizen with settled/pre-settled status, your non-EU family members can apply too—but they need a Family Permit before entering the UK.
Eligible family members include:
✔ Spouses and civil partners.
✔ Children under 21 (including stepchildren and adopted children).
✔ Dependent parents or grandparents.
📌 Key Point: If your family was not living in the UK before 31 December 2020, the rules are stricter, and they may not be eligible.
7️⃣ Common Questions & Problems
Q: Do I need to apply if I already have ILR?
A: No, but applying under EUSS provides extra protections (e.g., being outside the UK for longer than two years won’t affect your status).
Q: Can I lose my status?
A: Yes. If you’re absent from the UK for more than five years (for settled status) or two years (for pre-settled status).
Q: I missed the deadline. Can I still apply?
A: Yes, if you have a reasonable excuse (e.g., illness, lack of awareness, family emergencies). Apply as soon as possible.
Protect Your Status & Stay Informed
The EU Settlement Scheme is critical for EU nationals and their families to secure their future in the UK. If you haven’t applied yet, do it now—and if you have pre-settled status, keep track of when you’ll need to switch to settled status.
📩 Need professional help with your EU Settlement application? Contact Sahin Legal Consultancy today for expert guidance. We can help you navigate complex cases, appeals, and late applications. Don’t risk your future—get it done right the first time!
