The EU Settlement Scheme must be implemented in strict accordance with the terms of the EU-UK Withdrawal Agreement. You have to apply by 30 June 2021 if you and your family have been resident in the UK before 31 December 2020 and intend to stay. Although the general rule is that all EU citizens and family members need to apply to the EU settlement scheme, there are a small number of exceptions to those who need to apply which have been set out below. It is free to apply to the EU Settlement Scheme. 

 

The requirements of the EU Settlement Scheme are mainly residence based: the Home Office will check how long you have been in the UK and not what you have been doing here. Therefore, being granted settled status or pre-settled status is not dependent on your employment, whether or not you receive benefits or hold private health insurance (Comprehensive Sickness Health Insurance). 

 

To be considered “continuously resident” in the UK you must meet the conditions which we have set out in . Depending on your length of continuous UK residence you should granted either settled status or pre-settled status:

 

 

Those applying for settled status or pre-settled status must also prove their nationality and identity and if over 18 years old, subject themselves to a criminality check. If you are not from an EU country but are the family member of an EU citizen, then you will need to evidence your relationship to an EU citizen in your application to show that you qualify. In some cases where your relationship with the EU citizen has ended you can still qualify; this may also be the case if you are the primary carer of an EU child or the child of an EU citizen in education. 

 

Even if you already have a UK issued EU Permanent Residence Document or EU Permanent Residence Card (commonly known as “PR” document/card) you must apply for settled status as your PR document/card will become invalid for living in the UK after 30 June 2021. 

 

Irish citizens or persons who already hold valid “Indefinite Leave to Remain” or “Indefinite Leave to Enter” (ILR or ILE) immigration status are not required to apply, but can do so if they wish. It can be complicated to know if a person’s ILR or ILE remains valid and therefore, holders of these immigration statuses are encouraged to apply. Dual British/EU citizens cannot apply as they are able to live in the UK after Brexit based on their British nationality; in some cases Dual British/EU citizens can sponsor family members under the EU Settlement Scheme.

 

Please be aware that children born in the UK are not always born British citizens and so it is important you check the position for any children you have. It may be that your children born in the UK are British from birth and can apply for a British passport, but please do not assume this is the case and it maybe you need to speak to a qualified adviser about your children’s situation. Children who are not British or Irish nationality must make an individual application to the EU settlement scheme just like adults do. You cannot add a child’s details to a parent’s application, but you can link a child’s application to a parent’s application if either parent has applied to the EU settlement scheme first. 

 

Deadline: Applications to the EU settlement scheme must be made by 30 June 2021. If an application is refused before this date, there is the option to re-apply any number of times to remedy the issue. Alternatively, for applications made from 01 February 2020 onwards that are refused, there is right of appeal to an independent immigration judge. If your application is refused after 30 June 2021 you may not be able to re-apply and in which case you would need to appeal the decision. 

For EU citizens granted settled status or pre-settled status ”close” family members who are not living in the UK by 31 December 2020 are able to join them in the UK anytime in the future. Close family members are: spouse, civil partner, durable (unmarried) partners, where the relationship existed before 31 December 2020, parents and grandparents who are dependent, children who are under 21 or who are over 21 and are dependent and future children born or adopted. For parents and children they can be related to either the EU sponsor or their spouse or civil partner (if the marriage or civil partnership took place before 01 January 2021). 

 

There is no need for these family members to apply to the EU settlement scheme by 30 June 2021 as they can apply to come to the UK at any time in the future as long as the family relationship still exists. It does not matter if the joining family member is an EU citizen or has another nationality as they can still join their EU family member in the UK. The EU citizen who is sponsoring the joining family member must be granted pre-settled or settled status by 01 July 2021. The family member who intends to join their EU sponsor in the UK in most cases must apply from outside the UK before they travel to join.

 

As long as you moved to the UK before the end of the transition period on 31 December 2020 you began a continuous qualifying period (also known as continuous residence), which is an essential condition to be granted status under the EU settlement scheme. The date you move to the UK is usually the date your continuous residence begins (if you have the evidence of your travel into the UK this is useful). 

 

You can apply for pre-settled status as soon as you begin your continuous residence but if you have not yet applied you must do by 30 June 2021. If you are granted pre-settled status you are required to make a second application for settled status once you pass the 5 years continuous residence point. If you have already lived in the UK for 5 continuous years when you apply to the EU settlement scheme you should be granted settled status.

 

 

In order to be granted settled status now or in the future, you need to build up 5 years of  continuous residence. Therefore, in addition to the requirement to have moved to the UK before 31 December 2020, you need to abide by the continuous residence conditions for 5 years. Once you have built up your 5 year of continuous residence and been granted settled status, you are no longer bound by these conditions as you are allowed to be away from the UK for up to 5 years without losing your settled status. 

 

The general rule that you need to remember is to maintain your continuous residence, you cannot spend more than 6 months outside of the UK in a 12-month period. If you are outside the UK longer than this you will break your continuous residence; this can happen with a single absence that exceeds 6 months or, by adding up multiple absences that together exceeds 6 months if they all take place within a 12-month period (for example, a trip of 3 months and a trip of 4 months within a 12-month period will add up to more than 6 moths and break continuous residence). 

 

It is also important to be aware that the Home Office calculates the 6-month rule on a rolling basis which means that if you have a trip of 3 months at the end of 2019 and a trip of 4 months at the beginning of 2020 these will still be in the same 12-month period even though the trips are in different calendar years. 

 

 

There is one exception to the above rule which is that within your 5-year continuous residence period, you are allowed one period of time outside of the UK of up to 12 months and is for an ‘important reason’. Non-exhaustive important reasons are: 

 

 

Any absence from the UK because of military service or crown service did not break your qualifying residence even if it means being away for over 12 months. 

 
If you have been granted settled status or qualify for settled status this section will not be relevant to you as you are allowed to be absent from the UK for up to 5 continuous years without losing your settled status. If you have not lived in the UK for 5 years yet and hold pre-settled status or will be applying for pre-settled status, the below information is very important to understand.
 
Neither the Withdrawal Agreement or the EU settlement scheme could have predicted the current health pandemic. Given the unprecedented impact of Covid-19 on peoples’ lives the Home Office has published short Covid-19 guidance. This guidance gives some information about when the Home Office will accept a single absence from the UK of up to 12 months due to Covid-19 will not break continuous residence. 
 
The guidance document sets out that Covid-19 in some cases can be considered an important reason to be outside the UK for up 12 months in a single period. The guidance states that problems with travel and being stuck outside the UK, requiring medical treatment or having to quarantine because of Covid-19 are acceptable reasons to have an extended absence from the UK. If this situation applies to you the Home Office will expect you to provide evidence where possible to show the reason why you were unable to return to the UK (for example confirmation that the country you were in introduced travel restrictions for a period of time).
 
However, the guidance does not cover other reasons why someone might have been absent from the UK for an extended period, for example taking care of family, choosing to work outside of the UK or residing temporarily in a country with a lower infection rate. If you have been outside the UK for more than 6 months in a 12-month period for one of these reasons you may have broken your continuous residence. If you are unsure of your situation it is a good idea to talk to a qualified advisor.  
 
If you are a student who was resident in the UK studying and are now outside the UK studying remotely because of Covid-19, the Home Office guidance confirms that this absence will not break your continuous qualifying period as long as it is a single absence that does not exceed 12 months.
 
Please be aware that Covid-19 is not a reason to stay out of the UK for more than 12 months under any circumstances. You are not allowed to have more than one absence of up to 12 months for an important reason in your 5 years continuous qualifying period. 
 

 
If you have lived in the UK before 31 December 2020 then you may be able to use the overseas application process if you are able to download the Home Office ID scanning App which allows need to send your identity information to the Home Office as long as you have a valid biometric passport or valid biometric national ID card. Sometimes the Home Office will allow you to apply from outside the UK using a paper application form if you cannot use the ID scanning App; in these situations you must call the Home Office Settlement Resolution Centre to explain your situation.   

As a general rule you will also need to prove you have been living in the UK in the last 6 months to be granted pre-settled status from overseas. If you have been outside the UK for longer than this then the Home Office may refuse to grant you pre-settled status. If you have been outside the UK for more than 6 months but less than 12 moths for an important reason you are still eligible for pre-settled status and should challenge the decision if the Home Office refuses to grant you pre-settled status. Even if you are granted pre-settled status overseas, it is very important to remember that you will break your continuous residence if you break the residence conditions explained above.

If you have not lived in the UK before 31 December 2020 then you cannot apply for pre-settled status and you will not be eligible under the EU settlement scheme. You must make an application for a visa under the new immigration system if you want to work or study in the UK. EU citizens do not need a visa to visit the UK (you must not stay more than 6 months when visiting the UK).  

 

As a result of the Covid-19 pandemic, some EU students who have begun university courses in the 2020/21 academic year are currently working online from their home countries and are not in the UK at the moment. For students in this position, if you were present in the UK for less than 5 years at some point before 31 December 2020 you should be eligible to apply for pre-settled status under the EU Settlement Scheme as long as you have not broken your continuous qualifying period (see the section on Covid-19 absences from the UK). You can apply to the EU settlement scheme from inside or outside the UK and should make your application by 30 June 2021.

 

Remember, the EU Settlement Scheme is free to apply to and if you want to stay in the UK permanently, then you must make another free application for settled status after 5 years of continuous UK residence. Even if you are granted pre-settled status there is no requirement to stay in the UK once you have completed your university course if you do not want to. 

 

If you have lived in the UK for 5 years or more then you should apply for settled status even if you do not live in the UK at the moment. You must also apply by 30 June 2021

 

 

There is no concession to the requirement to have been physically in the UK before 31 December 2020 even where a person started studying online at the UK University but was not able to travel to the before this date. Therefore, if you are a student and were not able move to the UK before 31 December 2020, you will need to apply for a student visa under the new immigration system if you want to continue with your university course in the UK. You will have to pay for the student visa and the NHS surcharge at the point when you apply. 

 

The UK Government has implemented a new immigration system from 1 January 2021. This system is for those EU citizens who do not fall under the EU Settlement Scheme as they were not living in the UK before the end of the transition period or do not fall under the family reunion provisions of the Withdrawal Agreement.

 

 

EU citizens are able to visit the UK for up to 6 months at a time for free without needing to apply for a visa in advance of travelling here. When you arrive at the UK border you will either be able to enter using the egates or through an immigration desk. Visitors to the UK must intend to leave at the end of their visit and must be able to fund the cost of their travel and stay in the UK without working or accessing public funds. Visiting the UK can be for tourism, visiting family and friends, short-term study and business-related activities, such as meetings, events and conferences. It is very important that you do not carry out any prohibited activities when you are visiting the UK and that the purpose of your visit is for the permitted activities listed by the Home Office. If the purpose of your visit relates to your work or business, it is very important to check that what you intend to do in the UK is permitted under the short-term business visiting arrangements. 

 

 

For EU citizens who I want to work in the UK, this will normally require you to be sponsored by a UK based employer who holds a sponsor license. To qualify for a Skilled Worker visa you must be coming to the UK to do a specific job, be paid the correct amount to do that job and have an English language qualification. In most cases you should apply for and be granted your Skilled Worker visa before you travel to the UK. You must pay the visa application fee and the Immigration Health Surcharge when you apply. 

 

 

For EU citizens who I want to study in the UK, this requires you to be sponsored by a UK education institute that holds a sponsor license. Most UK universities are licenced sponsors for overseas students. When you apply for your student visa you must provide the Confirmation of Acceptance for Studies (CAS) assigned to you by the education provider. You must show that you are able to support yourself financially was living in the UK and that you speak English to the required standard. You can make your application up to 6 months before the course you intend to study on begins. You must pay the visa application fee and the Immigration Health Surcharge when you apply. If you are coming to the UK as a full-time higher education student and you have a European Health Insurance Card (EHIC) which has been issued in an EU country, you may be able to apply for a refund of your Immigration Health Surcharge fee. There are conditions to receiving a refund and you will not be able to apply for this before 01 January 2022.

 

 

Visiting, working and studying are the main visas and immigration routes open to EU citizen’s but there are other immigration routes available. A full list can be accessed at the Home Office Visas and Immigration website. 

 

The Publications Office of the EU has produced a number of information leaflets about the EU settlement scheme which can be found at the below links. The leaflets can be downloaded in any of the EU languages.

 

·       Brexit: What you need to know as an EU citizen living in the UK

·       Brexit: What you need to know as a senior EU citizen living in the UK

·       Brexit: What you need to know as a non-EU citizen living in the UK if you have, or had, a family connection to an EU citizen