On 23 June 2016 the outcome of a United Kingdom (UK) referendum ended with the decision of the UK to leave the European Union (EU). This process of withdrawal is commonly referred to as Brexit. The decision means that European freedom of movement will end for EU citizens (including citizens of Switzerland, Norway, Iceland and Liechtenstein), and their family members in the UK, and for British citizens and their family members entering the EU. Free movement of workers is a fundamental principle of EU law. According to this EU citizens can look for a job, work without a permit, reside and stay after the end of their employment in another EU country. They also enjoy equal treatment with nationals of their host country in terms of access to employment, working conditions and all other social and tax advantages.

The EU and the UK have agreed the terms of the UK's withdrawal from the EU, commonly referred to as the Withdrawal Agreement (the Brexit deal). Although the UK left the EU on 31 January 2020, most EU law continues to apply in the UK until the 31 December 2020. The period between 31 January 2020 and 31 December 2020 is called the transition period. During this period the free movement of people will continue. From 01 January 2021 free movement of people will cease and EU citizens not living in the UK before the end of the transition period who wish to enter the UK must meet the requirements of the new immigration system.

The end of free movement means that the residence status for EU citizens and their family members who live in the UK before 31 December 2020, will now be protected under UK immigration law. The UK Government set up the EU Settlement Scheme which is in line with the Withdrawal Agreement and is designed for this purpose. The EU Settlement Scheme is a UK Home Office application process, that nearly all EU, EEA and Swiss citizens and their family members must complete to protect their future residence in the UK. The immigration status that is granted by the EU Settlement Scheme is called “Settled Status” or “Pre-settled Status”. Irish citizens are exempted from applying to the EU Settlement Scheme on account of their right to reside in the Common Travel Area, but can apply if they wish. EU citizens and family members who already hold valid “Indefinite Leave to Remain” or “Indefinite Leave to Enter” do not need to apply but can apply if they want to. 

Therefore, almost all EU citizens who arrive before the end of the transition period and intend to stay in the UK must take action and apply for either Settled Status or pre-Settled Status. The deadline to apply to the EU Settlement Scheme is 6 months after the end of the transition period which means the current deadline to apply is 30 June 2021. Failure to apply under this scheme would mean that any future residence in the UK could be unlawful. 

The EU Settlement Scheme must be implemented in strict accordance with the terms of the EU-UK Withdrawal Agreement. You have to apply if you and your family have been resident in the UK before 31 December 2020 and intend to stay in the UK thereafter. 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). Therefore:

 

 

Those applying for settled status or pre-settled status must also prove their nationality and identity and 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 them in your application to show that you qualify. In some cases where the relationship with the EU citizen has ended you can still qualify; this may also be the case if you are the primary carer of a child. 

 

Even if you already have a UK issued EU Permanent Residence Document or EU Permanent Residence Card (commonly known as “PR” card) you must apply for settled status as your PR 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/EU27 citizens cannot apply as they are able to live in the UK after Brexit based on their British nationality; in some cases Dual British/EU27 citizens can sponsor family members under the EU Settlement Scheme.

 

Deadlines: 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 cannot re-apply and can only 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 will be 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. 

It is free to apply. Most applicants are required to complete an online application form using a computer, tablet or smartphone. There are paper forms available from the Home Office if you are unable to complete the online form or if you cannot provide a valid passport or national identity card. It does not matter whether you use the online form or the paper form, either way the Home Office application checks three or four things: (1) your identity, (2) your residence in the UK and (3) any criminal record you may have (4) your relationship to an EU citizen if you are not from an EU country.

 

The application asks for your basic information (name, nationality, contact details, national insurance number) and you have to confirm your identity and nationality using your passport (for applicants of all nationalities) or national ID card (if you are an EEA / Swiss applicant). To do this you have the following options:

 

 

As part of the application you have to upload a digital photo of yourself. There is a different process for non-EU applicants who do not hold a Biometric Residence Card as these persons must attend a biometric appointment at a visa centre in the UK after completing the online form. 

 

If you are not an EU, EEA or Swiss citizen and you meet any of the conditions listed below, then you cannot use the online application form and must make your application using a paper form:

 

 

If you fall under any of the above following situations you must call up the Home Office Settlement Resolution Centre to request a paper form is sent to you.

 

 

You have to prove your residence in the UK and the simplest way for many people to do so will be by providing your National Insurance Number (‘NiNo’). The application will check your NiNo against the HMRC and DWP government department databases to see if you have been resident in the UK. These checks will only cover the past 7 years and so if there are gaps in NiNo records or you do not have a NiNo (for example if you are under 16 years old), you may need to provide additional documents (such as utility bills or bank statements), to show that you are living in the UK. You can scan and upload your supporting documents during your online application. If you are applying for pre-settled status because you have not lived in the UK for 5 years, then your ‘NiNo’ or documentary evidence must show that you have been living in the UK at some point in the last 6 months.

 

You will be asked about your criminal record. If you have only been convicted of a minor crime you will still be eligible for settled status or pre-settled status. Any dishonest answer could have a negative impact on your application.

 

 

If your application is approved, you will be granted settled status or pre-settled status, depending how long you have lived in the UK. There will be a confirmation email from the Home Office telling stating which status has been granted but the actual proof of status is held as digital status profile which can be accessed through the gov.uk website. This means EU citizens will not be given an physical ID document to show their settled status or pre- settled status. Holders of settled status or pre-settled status will need to familiarise themselves with how to access the digital status. 

 

Until 30 June 2021 an EU citizen can still rely on their passport or national ID card to evidence their right to live in the UK. From 01 July 2021 employers, landlords, the NHS and the DWP can ask to see the online digital status. The status holder can generate a share code through their digital status profile which can be given to the person requesting proof of settled status or pre-settled status. 

The EU Settlement Scheme continues to operate during the Covid-19 lockdown period. While applications can be made, and applications already made will continue to progress, the Home Office have had to make a number of temporary operational changes to protect public health. We have listed the major operational changes here and will keep you updated to any changes as they occur. 

 

The UK Government has maintained their decision to end the transition period on 31 December 2020. This means the 30 June 2020 deadline to the EU Settlement Scheme remains unchanged. You can continue to make an online or postal application during the Covid-19 lockdown period. If you have had to leave the UK for a long period because of Covid-19 please carefully read the next section about long absences from the UK.  

 

 

The ID document scanning locations are temporarily closed in accordance with Public Health England guidelines. If a member of your household has a compatible mobile device, you can borrow it to confirm your ID document details using the EU Exit: ID Document Check App. If you are unable to access the App then you are required to post your ID document to the Home Office. 

 

 

Some grassroots and face-to-face services have been temporarily suspended. Many support organisations are providing advice via telephone or online. You can search for your local support organisation by using the postcode finder here. Please contact your local support organisation to check what services they can provide to you during the Covid-19 lockdown period.

 
As long as you move to the UK before the end of the transition period on 31 December 2020 you can begin a continuous qualifying period (also known as continuous residence), which is what you need to apply to the EU settlement scheme. The date you move to the UK is the date your continuous residence begins (try to keep evidence of your travel into the UK if you can). You can apply for pre-settled status as soon as you begin your continuous residence – though you will need evidence to show you have physically arrived in the UK. In most cases you need to have 5 years continuous residence to apply for settled status. Citizens who will not have years continuous residence before 30 June 2021, must apply for pre-settled status first and then apply for settled status once they pass the 5 years continuous residence point.
 
In addition to the need to move to the UK before 31 December 2020, once you are living in the UK you need to comply with the continuous residence conditions. 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 do you will break your continuous residence; this can happen with either 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 in 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 in your 5 year continuous residence period, you are allowed one period of time outside of the UK which is longer than six months as long as it does not exceed 12 months and is for a ‘important reason’. Important reasons are listed as: 

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. 

The below text is taken from a letter sent by the Home Office to the Brexit Civil Society Alliance on 30 July 2020: 

 

“In respect of breaks in continuous residence caused by the COVID-19 pandemic, the Government recognises travel plans have been, and continue to be, severely disrupted by COVID-19. In order to qualify for either pre-settled status or settled status under the scheme an applicant must be able to evidence that they have not broken their continuity of residence by exceeding an absence (or absences) from the UK of up to six months in and 12 month period or a single absence of up to 12 months in the 5 year continuous qualifying period, this is in line with EU law and is in accordance with the Withdrawal Agreement. Continuity of residence by EEA and Swiss citizens applying to the scheme and who may have been stuck overseas as a result of COVID-19 is one of a number of issues the Home Office is working through. We are taking a pragmatic approach to ensure individuals are not penalised for issues arising from the COVID-19 pandemic.”

 

The indication from the letter is that Covid-19 could be considered an important reason to be outside the UK for more than 6 months but less than 12 months. However, it should not be assumed in every single situation it will be acceptable – you will see that the letter talks mainly about problems with travel and being stuck outside the UK. At the moment there is no published policy from the Home Office about whether taking care of family or choosing to work or study outside of the UK in a country with a lower infection rate will be seen as acceptable reasons. If you are unsure of your situation it is a good idea to talk to a qualified advisor.  

 

 

 

If you have been granted pre-settled status then you must comply with the conditions of continuous residence that have been set out above. If you have exceeded 6 months outside of the UK you should also consider the above information about whether the Home Office will accept Covid-19 as an important reason for you to be outside the UK for up to 12 months. 

 

If you are in any doubt about your situation then the safest option is to move back to the UK before 31 December 2020. The reason for this is so that in the worst-case situation, you will have begun a new continuous residence period before the end of the transition period. You must apply for a new period of pre-settled status once you have moved back. The Home Office will grant you a second period of pre-settled status even if you already hold the status. You can use the same identity document to apply for a second grant of pre-settled status – you should complete the application in the same way you did the first time. 

Even though you will be granted a second period of pre-settled status you can still apply for settled status based on your first entry to the UK if you meet the continuous residence conditions for 5 years. The reason to apply for a second period of pre-settled status is as a safety net. 

 

 

If you have not lived in the UK before then you cannot apply for pre-settled status and you will need to move to the UK before 31 December 2020 in order to be eligible under the EU settlement scheme. 

 

If you have lived in the UK before 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. 

 

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. 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 conditions explained above. 

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. For students in this position, it is very important to understand you need to move to the UK before 31 December 2020 in order to be eligible to apply under the EU Settlement Scheme. This because Pre-Settled Status can only be granted to students who are physically present in the UK before the end of the transition period. There is no concession to this requirement just because someone is studying online at the UK University. 

Remember, the EU Settlement Scheme is free to apply to and if you want to stay in the UK permanently, then you are able to make another free application after five years of continuous UK residence. There is no requirement to stay in the UK once you have completed your university course if you do not want to. 

 

If you do not move to the UK before 31 December 2020, you will need to apply for a student visa under the new immigration system (see next section) 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. 

The UK Government intends to implement 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.

 

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.