EU/EEA citizen living in the UK before 31 December 2020

If you need information about Brexit, the EU Settlement Scheme, your rights, entitlements, and more. Although the deadline to apply for settled status or pre-settled status was 30 June 2021 you can still apply late if you can show that you have a good reason for missing the deadline.

How does Brexit affect me?
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 has ended for EU citizens (and EEA citizens of, Norway, Iceland and Liechtenstein and Swiss citizens), and their family members in the UK, and for British citizens and their family members entering the EU.

The EU and the UK 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 applied to the UK until the 31 December 2020. The period between 31 January 2020 and 31 December 2020 was called the transition period. During this period the free movement of continued. Free movement of people ended on 31 December 2020 meaning that EU citizens not living in the UK before the end of the transition period who now wish to enter the UK must meet the requirements of the new immigration system.

Although free movement has ended, the residence status for EU citizens who moved to the UK before 01 January 2021, is protected under UK immigration law. The residence rights of their existing family members (as well as some former family members) and children is also protected. 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 (the 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 scheme is called “settled status” or “pre-settled status”. Irish citizens are exempted from applying to the 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. An EU citizen or family member who also holds British citizenship cannot apply to the scheme as they have the right to live in the UK based on their British nationality.

This means almost all EU citizens who arrived in the UK 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 was 30 June 2021 although if a citizen has missed this deadline, they can still apply to the scheme explaining in their application that they had a good reason for missing the deadline.
Further information
Questions and Answers – the rights of EU and UK citizens, as outlined in the Withdrawal Agreement (European Commission)
Do I need to apply to the EU settlement scheme?
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:

Most EU citizens and their family members who have been continuously resident in the UK for at least 5 years should get settled status.

Those who have lived in the UK for less than 5 years will have to apply for temporary pre-settled status. This will allow them to stay in the UK and make a second application for settled status once they achieve 5-years continuous UK residence.

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.
Family members who do not live with you in the UK at the moment
EU citizens granted settled status or pre-settled status who have ”close” family members who are not living in the UK by 31 December 2020, these family members are able to join them in the UK anytime in the future. These close family members are called Joining Family Members under the scheme. The family relationships that are covered by the scheme are:

spouse, civil partner, durable (unmarried) partners, where the relationship existed by 31 December 2020

parents and grandparents who are dependent

children and grandchildren who are under 21

children and grandchildren who are over 21 and are dependent

future children born or adopted

Dependent parents and children applying as joining family members 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. A joining family member can be an EU citizen or hold any other nationality. The EU citizen who is sponsoring the joining family member generally should hold pre-settled or settled status themselves to demonstrate that there are able to sponsor their joining family member(s). 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.
How do I apply for settled status or pre-settled status?
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 if you are unable to complete the online form. 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 applying as a family member.

Identity

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:

If you have a valid passport or national ID card with a biometric chip you are able to use the Home Office ID scanning App to send your identity information directly to the Home Office.

If you do not have a passport and have a national ID card with no biometric chip or your document has expired, you will have to mail this to the Home Office for verification after you complete the online application form.

If you have a passport or a national ID card with a biometric chip, but you do not have a newer Android or iPhone, you can go to one of the locations listed by the Home Office to scan your document (Covid-19 permitting).

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 valid Biometric Residence Card as these applicants must attend a biometric appointment at a visa centre in the UK after completing the online form.

Postal Applications to the EU Settlement Scheme

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 do not have a passport or national ID card (either valid or expired) – for example a child who only has a birth certificate as evidence of their identity

The family member of a dual EU/British citizen where the British citizenship was obtained after exercising free movement rights

The primary carer of a British, EU, EEA or Swiss citizen

The child of an EU, EEA or Swiss citizen who used to live and work in the UK, and the child is in education in the UK - or you are the primary carer of a child in this situation

A dependent under 18 years old of a person in either of the two situations immediately above

The family member of a British citizen who you lived with in Switzerland or an EU or EEA country

If you fall under any of the above following situations must can call up the Home Office Settlement Resolution Centre to request a paper form is sent to you. As the paper application forms are more complicated to complete than the online application form you may need to speak to a qualified adviser to understand what information and evidence to provide with your application.

Residence in the UK

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, bank statements or confirmation of studying at school or university), 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 before 01 January 2021 and at some point in the last 6 months (there are some situations where you could have been away from the UK for longer than 6 months – see the below section on How does continuous qualifying residence work?)

Criminality

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

Outcome

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 view and prove your immigration status page on the gov.uk website. This means EU citizens will not be given a 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.

From 01 July 2021 employers and landlords can ask to see the online digital status. Status holders can generate “share codes” through their digital status profile which can be given to an employer or a landlord who requesting proof of settled status or pre-settled status. Government departments like the DWP and the NHS may be able to check a person’s status automatically without needing a share code.
Credit: Home Office

Further information

Information tool for EU citizens (Home Office)

Settled and Pre-settled status for EU citizens and their families (Home Office)

EU Settlement Scheme: applicant information (Home Office)

How to provide evidence that you’ve been living here if we can’t confirm this through an automated check of UK tax and some benefits records. (Home Office)

Information on applying to the EU settlement scheme if you have a criminal conviction (Unlock)
How does continuous qualifying residence work?
Did I need to move to the UK before 31 December 2020?

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 moved 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). If you were intending to move to the UK by 31 December 2020 but were unable to do so because of the Covid-19 pandemic, unfortunately you will not be able to apply for status under the EU settlement scheme.

If you have been granted settled status then this section will not apply to you as you have been granted permanent residence in the UK. If you have been granted pre-settled status – or are once you application is decided – you are required to make a second application for settled status once you pass the 5 years continuous residence point. It is essential that you read the following sections so that you understand how to qualify for settled status in the future.

So what is continuous residence?

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 by 31 December 2020, you need to abide by the continuous residence rules for 5 consecutive 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 should not 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 normally break your continuous residence; this can happen where a single absence that exceeds 6 months or, by adding up multiple absences that together exceed 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 months 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.

What if I need to be away from the UK for a longer period for something important?

There is one exception to the above rule which is that within your 5-year continuous residence period, you are allowed one period outside of the UK of up to 12 months for an ‘important reason’. The following are examples of important reasons to be absent for up to 12 months – they are just examples and there may be many other reasons why you might be absent for an important reason:

pregnancy

childbirth

serious illness

study

vocational training

overseas posting

Covid-19 (see next section)

Any absence from the UK because of military service or Crown service does not break your qualifying residence even if it means being away for over 12 months.
I have spent a long time outside the UK because of Covid-19 – how does this affect me?
Is Covid-19 an important reason to be outside the UK for more than 6 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 nor 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 Covid-19 guidance for people who have left the UK temporarily because of the pandemic. This guidance gives information about when the Home Office will accept that extended absence from the UK due to Covid-19 will not break continuous residence.

The guidance document sets out that Covid-19 will be considered an important reason to be outside the UK for up 12 months in a single period. The guidance contains a list of reasons of why someone might be absent because of Covid-19These are just examples and there may be other acceptable reasons why you might have be absent because of the health pandemic:

You were ill with Covid-19

You were in quarantine, self-isolating or shielding in accordance with local public health guidance on Covid-19

You were caring for a family member affected by Covid-19

You were prevented from returning earlier to the UK due to travel disruption caused by Covid-19

You were advised by your university that, due to Covid-19, your course was moved to remote learning and you were advised or allowed to return to your home country to study remotely

You were advised by your university or employer not to return to the UK, and to continue studying or working remotely from your home country

You were absent from the UK for another reason relating to Covid-19, for example, you left or remained outside the UK because there were fewer coronavirus restrictions elsewhere; you preferred to work or run a business from home overseas; or you would have been unemployed in the UK and preferred to rely on support from family or friends overseas

I have been outside the UK for more than 12 months because of Covid-19 – can I still qualify?

If you have been away from the UK for more than 12 months because of Covid-19 you may be able to argue that you have not broken your continuous qualifying residence as long as you can show that this was linked to the health pandemic. The wording of this part of the guidance does not seem to be as generous and therefore it is possible that the Home Office expects people who have been away for more than 12 months to show that they could not return or that they were advised not to return (by their employer or university for example), rather than exercising a “choice” to remain outside the UK. It may become clearer in time how this part of the guidance will be interpreted by the Home Office. The guidance confirms that the time outside the UK after 12 months is not counted towards the five-year continuous qualifying period.

What if Covid-19 prevented me from moving to the UK before 31 December 2020?

If you have not lived in the UK before 31 December 2020 then you cannot apply under the EU settlement scheme as you are not eligible (unless you are a joining family as set out above). 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).
Applying late to the EU settlement scheme
What happens if I missed the EU settlement scheme deadline to apply?

In most cases EU citizens and their family members living in the UK by 31 December 2021 (this does not apply to joining family members) were required to apply to the scheme by the 30 June 2021 deadline. However, a condition of the Withdrawal Agreement is that the Home Office must accept late applications where there are “reasonable grounds” why someone has missed the deadline. In other words, if there is a good reason why you did not make your application by the deadline you can still be granted settled status or pre-settled status. To help understand what a good reason for missing the deadline might be the Home Office has published guidance for those applying late to the scheme (see page 26 to page 44). If the Home Office accepts does you have a good reason for missing the deadline they will go on to consider whether you meet the residence conditions to be granted settled and pre-settled status and your family relationship to an EU citizens (if you are applying as a family member).

Examples of good reasons for applying late to the EUSS?

The reasons why someone may have missed the deadline to apply can vary and therefore the Home Office guidance cannot list every possible good reason. Just because your reason for applying late is not included in the guidance does not mean it is not a good reason and you should still make an application explaining as best you can the reasons why you did not apply by 30 June 2021. If your reason for applying late is covered by the examples in the guidance there is a strong change the Home Office will accept your late application. Examples in the guidance include:

Children (including children in care and care leavers) who have not had an application made for on their behalf.

Physical or mental capacity and/or care or support needs preventing an application

Serious medical condition or significant medical treatment preventing an application

Being a victim of modern slavery

Being a victim of an abusive or controlling relationship or situation

Other compelling practical or compassionate reasons such as lack of awareness of the scheme

Ceasing to be exempt from immigration control

Already having existing limited or indefinite leave to enter or remain

Already having a document or status under the EEA Regulations

How do I apply late, is there a specific application form?

You can apply late to the scheme using the same online application form that individuals used to apply before 30 June 2021 (please see the above section on How do I apply for settled status or pre-settled status?). In addition to the normal requirements that you need to meet to prove that you are eligible under the scheme, you will also need to explain and provide evidence where available about why you are applying late. The online application form and the paper application forms have been adapted to that you can explain the reasons for missing the deadline when you apply. If there is not enough information provided when you apply the Home Office should contact you to request additional information or evidence where required. It is important that you respond to any such requests otherwise the Home Office will decide the application based on the information they have which might not be enough to show that you have a good reason for missing the deadline.

What if my reasons are not considered good enough by Home Office?

If the reasons you provide are not accepted by the Home Office your application will be refused. A letter explaining why your reasons have not been accepted will be sent to you. If this happens you will need to seek an administrative review of that refusal decision or appeal against it. If you are refused you should speak to a regulated immigration lawyer immediately. You can use the Free Support Near You section of EUrights to locate an advisor who may be able to assist you.
Where can I find further information?
Withdrawal Agreement and the EU Settlement Scheme

Questions and Answers – the rights of EU and UK citizens, as outlined in the Withdrawal Agreement (European Commission)

Information tool for EU citizens (Home Office)

Settled and pre-settled status for EU citizens and their families (Home Office)

EU Settlement Scheme: applicant information (Home Office)

Guide to useful documents to evidence UK residence (Home Office)

Additional information

EU Delegation to the UK

EU Londoners Hub (Mayor of London)

Seraphus Solicitors (contracted by the EU Delegation to the UK)

This site offers information about Brexit, how it may impact you as an EU citizen and your family living in the UK, and what you may need to do next. It summarises key issues and is purely for information purposes and has no legal force. It does not provide any legal interpretation of EU or UK legislation and is not meant to replace specialised legal advice on UK immigration rules.

EU/EEA citizen living in the UK before 31 December 2020

How does Brexit affect me?

Do I need to apply to the EU settlement scheme?

Family members who do not live with you in the UK at the moment

How do I apply for settled status or pre-settled status?

Identity

Postal Applications to the EU Settlement Scheme

Residence in the UK

Criminality

Outcome

How does continuous qualifying residence work?

Did I need to move to the UK before 31 December 2020?

So what is continuous residence?

What if I need to be away from the UK for a longer period for something important?

I have spent a long time outside the UK because of Covid-19 – how does this affect me?

Is Covid-19 an important reason to be outside the UK for more than 6 months?

I have been outside the UK for more than 12 months because of Covid-19 – can I still qualify?

What if Covid-19 prevented me from moving to the UK before 31 December 2020?

Applying late to the EU settlement scheme

What happens if I missed the EU settlement scheme deadline to apply?

Examples of good reasons for applying late to the EUSS?

How do I apply late, is there a specific application form?

What if my reasons are not considered good enough by Home Office?

Where can I find further information?

Withdrawal Agreement and the EU Settlement Scheme

Additional information