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.

Although the deadline to apply to the was 30 June 2021 if there was a good reason for missing the deadline you can still be granted status under the scheme. We have set out a section below for those who need to apply late because they missed the deadline. If an application is refused there is the right to challenge the decision. There are two ways to challenge a refusal, firstly by applying the Home Office for an “administrative review” of the decision or secondly, for applications made from 01 February 2020 onwards there is right of appeal to an independent immigration judge. We have provided more information about these options in the section titled “What happens if my EU settlement scheme application is refused?”.
Family members who do not live with you in the UK at the moment
Who is an eligible family member?

EU, EEA and Swiss citizens living in the UK by 31 December 2020 granted settled status or pre-settled status (or are exempted from applying), can sponsor eligible “close” family members to join them in the UK anytime in the future. These close family members are called Joining Family Members under the scheme. The eligible family relationships that are covered by the scheme are:

spouse, civil partner, durable (unmarried) partners, where the relationship existed by 31 December 2020 (there are slightly different rules for Swiss citizens)

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 1 January 2021).

Is there a deadline for my family member(s) to apply by?

There was no need for your eligible 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 when they apply. 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 they 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 know if my relationship is “durable” by 31 December 2020?

For those who are unmarried partners on 31 December 2020 (referred to as durable partners under the scheme), the Home Office will first look at whether the couple have been living together for two years by 31 December 2020. If the couple can show they have been cohabiting for two years at this date the Home Office will normally accept that they are durable partners (note that if this cohabitation took place in the UK, the applying durable partner must hold a document issued under the EEA Regulations, or be able to show that they were otherwise lawfully resident in the UK). Couples who have not lived together for two years can still qualify and as durable partners if there is strong evidence to show that they were in a serious unmarried relationship by 31 December 2020.

For example, a couple with a child together would normally be accepted as durable partners. There may be other situations where the Home Office will accept a couple are in a durable relationship by 31 December 2020. This will always depend on the facts of the relationship (for example how long the relationship has lasted, whether the couple have lived together at all, the reasons why the couple has been apart, etc), and so there is no definitive answer as to what a durable relationship is.

When trying to understand if your relationship might be considered durable by the Home Office, the first thing to consider is how long you have been together with your partner by 31 December 2020. The longer the relationship the more likely it will be accepted as durable but as set out above, the assessment will always be based on the couple’s specific situation. The more evidence you can put forward of your relationship together the stronger the chances it will be accepted as durable. This means providing evidence proving that you have lived together, travel that you have taken together, if you live or lived apart showing that you frequently travelled to see each other and evidence of how you communicate with each other (particularly in times when you are not together). You should also prepare a statement (either a joint statement or individual statements), confirming the history of your relationship and how it has developed and strengthened over the time that you have been together.

If you are unsure about whether your relationship may qualify it may be advisable to seek independent regulated immigration advice.

I was supposed to marry or have my civil partnership before 1 January 2021 but Covid-19 prevent the ceremony happening – what is my position?

Unfortunately, there is no concession in the EU settlement scheme that acknowledges many couples – through no fault of their own – had their weddings and civil partnerships postponed due to the health pandemic. This means that couples who were not able to hold their ceremonies by 31 December 2020 will be assessed under the durable partner rules set out in the above section. If you have now had your marriage or civil partnership ceremony you will still need to show the Home Office that you should be considered as durable partners by 31 December 2020. The fact that your relationship has progressed from an unmarried couple to married or civil partners will be a factor that the Home Office must take into account when assessing your relationship. It will be important in your application to inform the Home Office about your wedding or civil partnership plans that were postponed in 2020, as well as showing evidence that you have now become married or civil partners.

What happens if my spouse, civil partner or unmarried partner does not qualify for sponsorship under the EU settlement scheme?

If your partner cannot meet the criteria to be sponsored under the EU settlement scheme because the relationship did not exist by 31 December 2020 (for example if you have a new relationship that began in January 2021), there may be an alternative way of sponsoring them to join you in the UK where certain conditions are met.

You can sponsor a spouse, civil partner, fiance(e) or unmarried partner to come and live with you in the UK under an immigration route called ‘Appendix FM of the Immigration Rules’. For applications under Appendix FM, the relationship must be genuine and exist at the date of application (in other words there is no need for the relationship to have existed by 31 December 2020 if it is genuine at the date of application). For those looking to apply as unmarried partners under Appendix FM, the Home Office requires two years of cohabitation by the date of application (the cohabitation does not need to be immediately before the application as long as the relationship is genuine and still exists when you apply).

The advantage of applying under the EU settlement scheme rather than Appendix FM is that the application is free under the EU settlement scheme. Applications under Appendix FM require payment of the visa fee and the Immigration Health Surcharge (a payment to the NHS) as well as fees to renew the visa once in the UK. There are also stricter criteria to when applying under Appendix FM as the sponsor must meet a financial requirement, must demonstrate there is adequate accommodation to live together and the joining partner must demonstrate they can speak English to an acceptable level.

Therefore, for EU, EEA and Swiss citizens with pre-settled or settled status (or are exempt from applying), who are considering sponsoring their partners to join them in the UK, it is strongly advisable to first consider the EU settlement scheme rules and only if the couple cannot meet these rules, then look to Appendix FM to see if this is an available route to sponsor the partner under.
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) your reason for applying late (4) any criminal record you may have (5) 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?)

Reason for the late application

You will be asked to explain your reason for missing the 30 June 2021 deadline when you apply. 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. Please see the below section “How do I apply late to the EU settlement scheme?” for more information about how to explain your reason for applying late.

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 (unless you are coming to the UK as a sponsored Joining Family Members in which case you can moved to the UK at any time - see the above section on Family members who do not live with you in the UK at the moment).

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 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 confirms that in most cases 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-19. These are just examples as there may be other good reasons for being absent that are not listed here:

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).
How do I apply 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.
What are my rights whilst I am waiting for my EU settlement scheme decision?
Whilst you are waiting for a decision from the Home Office you should be able to continue living in the UK in the same way that you have done up until now. However, from 01 July 2021 onwards some organisations (like employers, landlords, universities) and government departments (like the NHS and the DWP), may need to check that you have made an application to the scheme. The reason for these checks is to identify EU citizens and family members who are protected under the scheme as your rights are different from EU citizens who move to the UK after free movement ended.

How do I prove that I applied to the scheme?

Once the Home Office confirms that your application is valid, they will issue you a certificate of application which proves that you have applied to the scheme. To validate your application the Home Office has to confirm your identity and nationality. If you used the Home Office ID scanning App to scan your biometric passport or national ID card, then your identity and nationality is confirmed immediately and you should be emailed a certificate of application. If your passport or national ID card is not biometric or has expired, you will have to send this to the Home Office to check and once this check is completed then your application is validated and you will receive the certificate of application. If you have made an application using the paper form the validation process takes longer which means there may be a delay before you receive your certificate of application.

You can use your certificate of application to prove that you have applied to the scheme. If for an example you apply for a new job and the employer asks you to show you have the right to work in the UK (employers have to ask this question of everyone who applies to work for them – including British citizens), you can provide them with a “share code” that is created using the certificate of application.

What about if I applied late after 30 June 2021 deadline?

The Withdrawal Agreement provides protection to all those who have applied to the scheme even if they applied late. On 06 August 2021 the UK government made an announcement confirming that late applicants to the scheme have temporary protections. This means that those who have missed the deadline still have the right to work, study and to access NHS etc whilst they are waiting for the Home Office to issue a decision. These protections also apply if you are refused and are seeking a review of the decision (see the section on “What happens if my EU settlement scheme application is refused?”).

All applicants to the scheme – including those who apply late – should be provide with a certificate of application by the Home Office once their application has been validated. Organisations and government departments should accept a certificate of application as proof of your rights whilst you are waiting for a decision. There are links to helpful documents that explain the rights of applicants - including late applicants - in the Further Information box. If you are having problems because you applied late to the scheme it is important to try and seek advice and support (see the Free Support Near You section of this website).
Further information

Home Office letter confirming rights for applicants (including late applicants) who are waiting for decisions

Department of Education guidance on access to Student Finance for late applicants (England only)

Scottish Government guidance on tuition fee status of EU settlement scheme status holders and those waiting for a decision (including late applicants)
I have been granted pre-settled or settled status – how do I prove this?
Do I get an ID card or is my status digital only?

For EU citizens, pre-settled status or settled status is digital only. This means that you will not get a physical ID card as proof of your status. Therefore, it is very important to know how to access your digital status and show others who may need to see it. You will also get a letter from the Home Office telling you what status you have and other important information however, this letter cannot be used to prove that have status. The Home Office refers to your digital status as your UK Visas and Immigration account (or UKVI account), we have used the term digital status.

To log into your digital status, you will need:

The number of the identity document you used when you applied (your passport, national identity card, or biometric residence card or permit), or:

If you have updated your digital status with a new identity document since you applied, the number of this new identity document, and;

your date of birth;

access to the mobile number or email address you used when you applied (when you log in you will get a one time use security code to complete the process).

Non-EU nationals

Non-EU nationals with pre-settled status or settled status will receive a physical document as proof of their status – called a biometric residence card – unless they already hold a residence card (this would be a residence card issued under the EEA Regulations). If a person has an existing residence card, they can continue to use this until it expires at which point, they can apply for a new residence card showing their EUSS status. Alternatively, even if the existing residence card has a number of years left to run, the holder can still apply to replace it with an EUSS residence card. Applications for an EUSS residence card can be made through this gov.uk website.

Non-EU family members also have access to digital status to prove their status in the UK however, carriers (airlines, ferries etc) are unlikely to accept digital status for travel back to the UK so they must be able to present their valid biometric residence card or permit when travelling back to the UK.

Problems logging into the digital status and keeping status up to date

If you have any problems logging into your digital status or any issues with the information in your digital status you should contact the Home Office EUSS Settlement Resolution Centre: 0300 123 7379.

It is a very good idea to keep the details in your digital status up to date. You can do this by going to this gov.uk website, logging into your account and using the ‘update your details’ section. To update your mobile or email, you add the new details and a code will be sent to the new number or email for you to enter and verify. If you are updating your identity document (passport or national ID card), you will need to enter the new details and you will be asked to upload a picture of the new document. In some cases you will be told you need to send the new document to the Home Office.

Who do I need to show my status to?

From 1 July 2021 you can be required to show your status to third parties (for example, employers, landlords the bank). You can share your status by logging into your digital status and choosing to ‘digitally share’ it. Your digital status can be accessed by government departments like the NHS and the DWP without you needing to log in yourself.

If you have any questions or problems sharing your digital status then you should contact the Home Office EUSS Settlement Resolution Centre: 0300 123 7379.
What happens if my EU settlement scheme application is refused?

Appeals and Administrative Reviews

The following information is general information about how to apply to have a refusal decision looked at again. There may be situations where specific rules that are not covered here apply.

If you have been refused status under the EU settlement scheme then in most cases you have the right to apply for an administrative review of the decision (this is a review carried out by the Home Office), and / or an appeal of the decision by an independent immigration judge (this takes place in the Immigration Tribunal). If you have new information and / or evidence that you would like looked at in the administrative review or appeal, this can be sent to the Home Office or the Immigration Tribunal. It is important that submit any new information and evidence to show that you should be granted status under the scheme.

You have to pay a fee to have your refusal decision looked at again (£80 for an administrative review), (£80 or £140 for a tribunal appeal depending on the type of appeal you choose). In some cases, the fee will be refunded if the Home Office made a mistake when they refused the application. If you applied in the UK must make the application for an administrative review within 28 days of the decision or your appeal within 14 days of the decision.

Information about administrative review:
https://www.gov.uk/guidance/eu-settlement-scheme-apply-for-an-administrative-review

Information about appealing to an immigration judge:
https://www.gov.uk/immigration-asylum-tribunal/appeal-from-within-the-uk

Can I just apply again if I am refused?

It is possible to make another application to the scheme if you are refused status, but you would need to be able to justify why you are making a late application (see the information set out in section titled: What happens if I missed the EU settlement scheme deadline to apply?). If you have missed the deadline to apply for an administrative review or an appeal of the refusal decision, you can still ask the Home Office or the Immigration Tribunal to accept your review application. However, you will need to present strong reasons why you did not apply within the specified time frame. If you are unable to pursue an administrative review or an appeal because you are out of time, you may need to make a new application justifying why you are now making a late application.

Given the serious consequences of being refused status under the EU settlement scheme we recommend speaking to a qualified adviser to most understand the most appropriate action to take. This will depend on factors like the reasons why you have been refused status under the scheme, how long ago you were refused and what evidence is available to you to challenge the refusal.
What do I need when I travel in and out of the UK?

Can I use my passport/national ID card to travel to the UK if I have status under the EU Settlement Scheme?

If you are an EU citizen with status under the EU settlement scheme, you are entitled to use either your EU passport or your EU national ID card when you are travelling back to the UK. This is your right for life under the Withdrawal Agreement but to continue using your national ID card after 2025 it must be a biometric card.

This Border Force guidance confirms your right to travel on your passport and national ID card (or Irish passport card). Although this guidance says that your passport or national ID card must be registered to your UK Visa and Immigration Account (your digital status), you should be able to use your passport or national ID card for travelling even if it is not registered. It may take longer to clear border control on arrival to the UK if your passport or national ID card is not registered to your digital status, which is why it is strongly recommended that you do link all your travel documents to your digital status. Any travel documents not already linked to your digital status can be added using this gov.uk website, logging into your account and using the ‘update your details’ section.

The identity document I applied to the EU Settlement Scheme with has now expired – what should I do?

You can add a new identity documents to your digital status by going to this gov.uk website, logging into your account and using the ‘update your details’ section.

Once logged in there is a function where you can add a new identity document (a passport or national ID card) which is then linked to your status. Your digital status retains information about your existing document(s) even when you add a new document, which means you can have multiple identity documents linked to your digital status. You need to use the most recent identity document that you linked to your profile to log into your digital status.

I applied to the EU Settlement Scheme with my passport but want to travel on my national ID card – what should I do?

You do not need to link your national ID card to your digital status to travel. However, it is recommended to that you do to make re-entering the UK smoother. You can have more than one identity document linked to your digital status. You can add your national ID card to your digital status by going to this gov.uk website, logging into your account and using the ‘update your details’ section.

I have (pre)settled status and I am not from the EU. What are the rules for me?

Non-EU nationals with status under the EU settlement scheme must use a valid national passport for travel to the UK.

Additionally, non-EU nationals will already have a biometric residence or, will have a biometric residence card issued when they are granted EUSS status, which should be carried when travelling.

Carriers (airlines, ferries etc) are unlikely to accept digital status for travel back to the UK for non-EU visa nationals so they must be able to present their valid biometric residence card or permit when travelling back to the UK.
Can I live outside the UK now I have settled status?

I have Settled Status, what does returning to the UK within 5 years mean?

The Withdrawal Agreement allows for those who have obtained settled status (i.e. permanent residence status), to be away from the UK for up to 5 years without losing their status. The question that is often asked is what does return to the UK within 5 years actually mean? Does it mean the settled status holder must come back to live in the UK within five years of leaving, or does it mean a short trip back to the UK (perhaps even for only one day), is good enough to effectively “reset” the 5-year clock? Note that the agreement covering the UK and Switzerland allows for Swiss citizens to keep their settled status as long as they do not spend more than 4 years outside the UK (therefore, if you are a Swiss citizen or family member of a Swiss citizen, 5 years refers to 4 years when reading this section).

Although the Withdrawal Agreement does not explicitly say what returning to the UK within 5 years means, the Court of Justice of the European Union – the Court that has the final say interpreting EU law, including such as referred to in the Withdrawal Agreement – has given a decision that helps us to understand the 5 year rule. Although the decision given by the Court was not specifically about the Free Movement Directive (the basis of the Withdrawal Agreement), because the Court was interpreting how EU law principles are applied, this means that the decision can be used to understand how the Free Movement Directive and the Withdrawal Agreement works.

One important point to be aware of when considering how Court of Justice of the European Union cases affect EU citizens and family members in the UK, is that the Withdrawal Agreement requires the UK to have “due regard” to cases given by the Court comes after 31 December 2020. This means that a decision does not bind the UK if there is a justification for the UK to take a different approach. Therefore, we cannot definitely say a decision from the Court of Justice of the European Union that is made after 31 December 2020 will be followed in the UK, but that in most cases it should be.

Looking at the decision of the Court that helps us understand the 5 years rule, it found that that people who hold long-term permanent residence status (i.e. settled status), will not lose their resident status if they return to the host state (the UK), within the time period specified (within 5 years under the Withdrawal Agreement). Returning to the host state – and this is the important part – is satisfied even if that return is only for a short period of time, which could be as little as a few days. The Court is saying that a person with permanent residence does not need to return to live in the country that granted them the residence status to keep that status, as short visits back to the country that happen within the time they are allowed to be absent (the 5 years), is enough to reset the clock. In other words, as long as the person with settled status comes back to the UK within the five years, they reset the 5-year clock even if they only spend a few days in the UK. It is important not to spent more than 5 years outside the UK as this may result in the person losing their settled status. The Court also warned that this rule does not apply if a person has “committed a misuse of rights”, though there was not an explanation of what a misuse of rights could be.

Based on the Court’s interpretation give an example of how the 5-year absence rule works, if you were granted settled status in 2020 and on 1 January 2023, you leave the UK to go and work in another country, as long as you return by 31 December 2027 you will keep your settled status. You will keep settled status even if you only come back to the UK for a few days in December 2027 and then leave again.

When calculating the 5-year absence allowance, please be aware that the date that you left the UK is the relevant date, rather than the date that you were granted settled status. For example, if you lived in the UK between 2014 and 2019 (for 5 continuous years), and then you left the UK and were granted settled status when you were outside the UK in 2021, you need to count your absence from the date you left the UK in 2019, even though the grant of settled status came later on in 2021. In this example, you would need to return to the UK by 2024 to maintain your settled status (within 5 years of leaving the UK in 2019).

It is recommended that if you intend to live outside the UK for extended periods, you should keep a record of your travel back to the UK, so that you can prove that you have not been outside for more than five years continuously. You may not be able to rely on records from the UK border to show when you have entered the UK and therefore, you should keep travel tickets and bookings from trips to the UK, evidence of where you stayed when you were in the UK (for example hotel or accommodation receipts) and records of spending money when you were in the UK (bank statements or credit card statements).
Can I complain if I believe my rights are not being respected?

Who to complain to?

There are various ways to complain if you believe the Home Office or another public body has not respected your rights. If you feel you have been discriminated against by a body or a private entity (such as an employer or landlord), you should look at the Equality Advisory & Support Service website about obtaining advice on your position.

Below are some of the ways in which you can complain however, this is not an exhaustive list and does not cover every situation where you may wish to make a complaint. It is important to make sure that you are complaining to the right body otherwise you risk your complaint not being properly addressed.

In some situations, a complaints process may not be the best way to address the problem and you may need to take legal advice (sometimes in addition to submitting a complaint). Please see the section Where can I find further information? for details of how to find a qualified legal adviser.

• Home Office – UK Visas and Immigration complaints procedure:
For issues to do with the handling of your EUSS application / EUSS family permit application / other visa or immigration applications (Note – complaints must be made within 3 months of the incident unless there are exceptional reasons why it could not be done within this time)

• Home Office – Border Force complaints procedure:
For issues at the UK including the conduct of immigration officers (Note – complaints must be made within 3 months of the incident unless there are exceptional reasons why it could not be done within this time)

• Home Office – HM Passport Office or General Register Office complaints procedure:
For problems applying for a British passport or for documents held by the General Register Office

• Independent Monitoring Authority:
For ‘systemic’ issues related to how public bodies implement the citizens' rights part of the EU-UK Withdrawal Agreement (systemic means issues that affect more people than just the person who makes the complaint – the IMA will assess whether a complaint is systemic)

• Equality Advisory & Support Service:
To receive advice about equality and human rights issues (the issue can be with a public or private body)

• Contact your Member of Parliament:
You can raise an issue with MP directly (be sure to read the section When should I contact my MP?)

• 3million Report it tool:
The 3million campaign organisation advocate on EU citizens’ rights issues and utilises information gathered via the Report it tool in their campaigns
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)

Qualified Advice

Home Office funded charity, community organisations and local authorities assisting vulnerable applicants with their EUSS applications for free (postcode finder for closest organisation)

Settled charity provides free immigration advice to EU citizens and family members

Here for Good, free advice for vulnerable EUSS applicants

The Law Societies for England and Wales, Scotland and Northern Ireland have directories of solicitors (you should specify immigration as the area of law you are searching):
- England and Wales
- Scotland
- Northern Ireland

The Office for the Immigration Services Commissioner directory of immigration advisers and organisations

The Immigration Law Practitioners Association directory of members who provide immigration advice

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

Who is an eligible family member?

Is there a deadline for my family member(s) to apply by?

How do I know if my relationship is “durable” by 31 December 2020?

I was supposed to marry or have my civil partnership before 1 January 2021 but Covid-19 prevent the ceremony happening – what is my position?

What happens if my spouse, civil partner or unmarried partner does not qualify for sponsorship under the EU settlement scheme?

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

Identity

Postal Applications to the EU Settlement Scheme

Residence in the UK

Reason for the late application

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?

How do I apply 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?

What are my rights whilst I am waiting for my EU settlement scheme decision?

How do I prove that I applied to the scheme?

What about if I applied late after 30 June 2021 deadline?

I have been granted pre-settled or settled status – how do I prove this?

Do I get an ID card or is my status digital only?

Non-EU nationals

Problems logging into the digital status and keeping status up to date

Who do I need to show my status to?

What happens if my EU settlement scheme application is refused?

Appeals and Administrative Reviews

Can I just apply again if I am refused?

What do I need when I travel in and out of the UK?

Can I use my passport/national ID card to travel to the UK if I have status under the EU Settlement Scheme?

The identity document I applied to the EU Settlement Scheme with has now expired – what should I do?

I applied to the EU Settlement Scheme with my passport but want to travel on my national ID card – what should I do?

I have (pre)settled status and I am not from the EU. What are the rules for me?

Can I live outside the UK now I have settled status?

I have Settled Status, what does returning to the UK within 5 years mean?

Can I complain if I believe my rights are not being respected?

Who to complain to?

Where can I find further information?

Withdrawal Agreement and the EU Settlement Scheme

Additional information

Qualified Advice