Settlement FAQs

what is eu settlement scheme

by Prof. Ronny Turner Published 3 years ago Updated 2 years ago
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The European Union Settlement Scheme is a scheme launched in 2019 by the Home Office to process the registration of EU citizens resident in the United Kingdom prior to its departure from the European Union.

Full Answer

What is the EU Settlement Scheme (EUSS)?

The EU Settlement Scheme (EUSS) was established to enable EU, EEA and Swiss citizens resident in the UK by 31 December 2020, and their family members, to get the immigration status they need to continue to live, work, study and access benefits and services, such as healthcare, in the UK after 30 June 2021.

Can a family member apply under the EU Settlement Scheme?

An application under the EU Settlement Scheme to come to the UK can be made by family members of EU Nationals or of British citizens, however, this application can only be done from outside the UK. What Family Permits are for?

What is the deadline for applying to the European Union Settlement Scheme?

For those citizens resident in the UK by 31 December 2020, the deadline for applications to be made to the EUSS was 30 June 2021, which was also the end of the grace period during which their existing EU law rights were protected pending the outcome of an application to the EUSS made by the deadline

What is the settled status scheme?

The European Union Settlement Scheme is a scheme launched in 2019 by the Home Office to process the registration of EU citizens resident in the United Kingdom prior to its departure from the European Union . Successful applicants receive either 'Pre-settled status' or 'Settled status', depending on the length of time they have been resident in ...

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How does the EU Settlement Scheme work?

The EU settlement scheme is designed to offer EU, non-EU EEA and Swiss citizens living in the UK before the end of the transition period (see Brexit - immigration), and their eligible family members, the opportunity to protect their residence in the UK after the transition period has ended.

Who is eligible for EU Settlement Scheme?

To apply, you need to be an EU citizen or a non-EU family member of an EU citizen and you need to be living in the UK by 31 December 2020. If you have been living in the UK for more than five continuous years at the point when you apply then you will be eligible for settled status.

What is a EU Settlement Scheme status?

What is Settled Status? Settled Status is granted to applicants to the EU Settlement Scheme who are able to demonstrate 5 years' continuous residence in the UK, the Channel Islands or the Isle of Man. Unless you are a joining family member, you will need to have started living in the UK by 31 December 2020.

Do you have to pay for EU Settlement Scheme?

Fees. It's free to apply to the scheme.

Can I still apply for EU Settlement Scheme 2022?

You can apply after 29 March 2022 if you can show evidence of 'reasonable grounds' for not returning to the UK by then, such as medical reasons or coronavirus (COVID-19) restrictions.

How long is EU Settlement Scheme?

The status you get under the EU Settlement Scheme proves your rights in the UK only. Your documents will be returned to you automatically once the decision has been made - this usually takes between 6 to 8 weeks.

How long EU citizen can stay in UK?

6 monthsBusiness travel to the UK. If you're an EU , EEA or Swiss Citizen travelling to the UK for a short business trip, you may not need to apply for a visa. Under the UK 's new points-based immigration system, you can continue to visit the UK without applying for a visa. In most cases you can stay for up to 6 months.

How long does settled status last?

Pre-Settled Status is temporary and valid for just five years. You must apply for Settled Status within that period, if you want to stay in the UK for longer. But be careful! If you want to qualify for settled status, you must live in the UK at least six months for every 12-month period.

What countries belong to the EU?

The EU countries are: Austria, Belgium, Bulgaria, Croatia, Republic of Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain and Sweden.

Can I lose my permanent resident status UK?

ILR will lapse automatically following a consecutive absence of 2 years from the UK. In accordance with the law, a person who has been absent in excess of 2 consecutive years from the UK will automatically lose their indefinite leave to remain.

What happens if you don't have EU Settlement Scheme?

If you are an EU, EEA or Swiss citizen and have not made an application to the EU Settlement Scheme by 30 June 2021, you will become unlawfully present and will be at risk of losing access to employment and benefits, as well as being subject to other sanctions, such as being unable to rent from a private landlord in ...

How do I prove my 5 year residency UK?

Long-term documentation for proof of residence in the UK Long term documents, also referred to as preferred evidence, may include: A letter dated and signed by your employer confirming the duration of your UK-based employment to date. Annual business accounts if you are a self-employed person.

Can non EU citizens apply for settled status?

Check settled status in the UK To check or prove your status, you need to use the Home Office's online system. If you have applied as a non-EU citizen, you will be issued a document as proof, if you do not already have a biometric residence permit.

Can you still apply for settled status after June 2021?

The deadline for most people to apply to the EU Settlement Scheme was 30 June 2021. You can still apply if either: the deadline for you to apply is after 30 June 2021. you have 'reasonable grounds' for why you did not apply by the deadline.

How do you prove right to reside in the UK?

To prove you have right of permanent residence in the UK, one of the following documents can be provided; A certificate or document from the Home Office proving the right of permanent residence has been confirmed. A permanent residence card.

What happens if you don't apply for EU Settlement Scheme?

If you are an EU, EEA or Swiss citizen and have not made an application to the EU Settlement Scheme by 30 June 2021, you will become unlawfully present and will be at risk of losing access to employment and benefits, as well as being subject to other sanctions, such as being unable to rent from a private landlord in ...

1. Background

The EU Settlement Scheme (EUSS) was established to enable EU, EEA and Swiss citizens resident in the UK by 31 December 2020, and their family membe...

2. EU citizens you employed by 30 June 2021

As an employer you are not responsible for making sure your EU employees have applied to the scheme and you do not need to undertake retrospective...

3. How to conduct a right to work check from 1 July 2021

There are two types of right to work check: a manual check and an online check. The type of check you conduct will depend on the status of the indi...

4. Reasonable grounds for late applications

The EU Settlement Scheme has made provisions for late applications to be made by EU, EEA and Swiss citizens and their family members who can show t...

5. Avoiding discrimination

You should not discriminate when conducting right to work checks. The Home Office has published statutory codes of practice for employers on how to...

6. Hiring from the EU

EU citizens not eligible for status under the EU Settlement Scheme will need to obtain an immigration status under the points-based system in the s...

7. Support available for employers

More information on the EU Settlement Scheme is available on GOV.UK.You can call or email for help and advice on preventing illegal working.Individ...

8. Support available for late EU Settlement Scheme applicants

There remains a range of support available from over the phone advice, to one-to-one support, as well as help with translations and technology. You...

What is the European Union settlement scheme?

The European Union Settlement Scheme is a scheme launched in 2019 by the Home Office to process the registration of EU citizens resident in the United Kingdom prior to its departure from the European Union . Successful applicants receive either 'Pre-settled status' or 'Settled status', depending on the length of time they have been resident in ...

Who is eligible for EU settlement?

Eligibility. The EU Settlement Scheme applies to all EU, EEA and Swiss citizens resident in the United Kingdom prior to its departure from the European Union, and their family members. Relevant nationals who are not in their own right British nationals, or who do not already have indefinite leave to enter the UK or indefinite leave to remain in ...

How long do you have to live in the UK to get settled?

All applicants must have started living in the UK by 31 December 2020. 'Settled status' requires five years of continuous residence; this is defined as living in the UK, the Channel Islands or the Isle of Man for five consecutive years, and for at least six months in any 12-month period during those years.

When will the UK be settled?

Citizens resident in the UK prior to 31 December 2020 and exercising Treaty rights for a continuous period exceeding five years ('continuous residence') will usually receive 'settled status' – formally Indefinite Leave to Remain (ILR) under Appendix EU to the Immigration Rules.

When will the UK leave the EU?

This article is about the immigration status applicable to EU nationals resident in the United Kingdom, after its departure on 31 January 2020 from the European Union. For immigration status of EU nationals prior to the UK's formal departure, see Citizenship of the European Union § Free movement rights.

Who Should Apply for an EU Settlement Scheme?

With limited exceptions, the groups listed below of people residing in the UK should apply under Settlement Scheme:

How do I apply for the EU settlement Scheme and what do I need to provide proof of?

To apply to the EU Settlement Scheme, you will need to complete an online application:

Can I apply for settled status?

You will be qualified for settled status under the scheme if you are an EU national or the family member of an EU national, who preceding to the application period on 31st December 2020, has been continuously living in the UK for no less than five years (absences of less than 6 months per year is acceptable). If you meet the criteria, you will be granted settled status under the EU settlement scheme, and the chance to remain in the UK indefinitely free of immigration control.

When do EU citizens have to apply for settlement?

EU citizens living in the UK by 31st December 2020 are required to apply to the EU Settlement Scheme by 30th June 2021 in order to retain their residence rights. At the moment it is difficult to evaluate how successful the EU Settlement Scheme has been as we don’t know how many people are eligible to apply for the EU Settlement Scheme ...

What are Derivative Right applications and What is the Deadline for making these Applications under the EU Settlement Scheme?

The deadline to apply based on these cases is 30th June 2021. You will have to use a paper application form and cannot use online forms.

What is the Deadline if I have non-EU family members living Overseas?

If you have a non-EU family member who is currently overseas, the deadline for them to apply to join you in the UK is 30th June 2021, so long as you can prove they were your ‘close family member’ before the 31st December 2020. The deadline is 31st December 2025 if you are a Swiss national and you get married or form a civil partnership with a non-EU national after 31st December 2020.

Can I make an Application under the EUSS if I have a Criminal Conviction in the UK or abroad?

According to the Home Office guidance, there is no need to declare spent convictions, cautions or alternatives to prosecution. If you do have criminal convictions, the EUSS application will not necessarily be refused. It depends on the facts of the case.

What is the status of non-EU family members of British citizens?

In general, non-EEA family members of British citizens cannot apply under the EUSS and should apply under Appendix FM of the Immigration Rules. But there are some exceptions as follows:

What happens if I have an EA Residence document obtained in the UK before the EUSS?

Anyone who has not applied by then, even if they already have EEA documents which, on the face of it, appear to be valid, may become overstayers in the UK and will be subject to the hostile immigration environment , including having no permission to work.

Do I have a right of Appeal against a refusal of an application under the EU Settlement Scheme?

Applications that have been submitted under this scheme after 11 pm on 31st January 2020 attract a right of appeal, where they are refused or where one is granted pre-settled status and believe they qualify for settled status. Alternatively, one can apply for Administrative Review if it is believed that the decision-maker made an error or did not follow the published guidance. An alternative would be to submit a fresh application before 30th June 2021, depending on the circumstances of the case.

What is the EU Settlement Scheme?

The EU Settlement Scheme has made provisions for late applications to be made by EU, EEA and Swiss citizens and their family members who can show they have reasonable grounds for missing the deadline.

When will the EU settlement scheme be available in the UK?

Background. The EU Settlement Scheme (EUSS) was established to enable EU, EEA and Swiss citizens resident in the UK by 31 December 2020, and their family members, to get the immigration status they need to continue to live, work, study and access benefits and services, such as healthcare, in the UK after 30 June 2021.

What is the number for EU settlement?

8.1 EU Settlement Scheme Resolution Centre. For questions about their application, EU citizens can call 0300 123 7379 from inside the UK or +44 (0) 20 3080 0010 from outside the UK (Monday to Friday, 8am to 8pm and Saturday to Sunday, 9.30am to 4.30pm). Find out about call charges.

When will EUSS be available in 2021?

There may be situations after 30 June 2021 in which you identify an EU citizen in your workforce who has not applied to the EUSS by the deadline and does not hold any other form of leave in the UK.

When will EU citizens be eligible for right to work checks?

As an employer you are not responsible for making sure your EU employees have applied to the scheme and you do not need to undertake retrospective right to work checks on EU citizens who were employed on or before 30 June 2021.

Can EU citizens apply for settlement?

EU citizens not eligible for status under the EU Settlement Scheme will need to obtain an immigration status under the points-based system in the same way as other foreign nationals. As an employer you can learn more about the way you hire from the EU on GOV.UK.

Is an employer responsible for making sure EU employees have applied?

As an employer you are not responsible for making sure your EU employees have applied. However, for many organisations the EUSS has been an important aspect of workforce planning and retention. The information below is intended to help you understand your role and obligations as an employer, in particular relating to late applications to the scheme and right to work checks.

Pre-settled and settled statuses

Successful applications will be given either settled or pre-settled status.

How to apply?

In order to apply, people need to fill a form online or use a smartphone app online compatible with Android.

How could the settlement scheme go wrong?

Even if the Home Office has taken extra measures to make the scheme more accessible, the scheme could trigger a new “Windrush scandal” if there are technical problems, said Steve Ballinger, director of communications for the think-tank British Future.

So how can the government make sure the scheme works well from the start?

Invest in human capital and in the application system so it's easy for everyone to use, says British Future.

When is the deadline to apply for EU settlement?

The deadline for most people to apply to the EU Settlement Scheme was 30 June 2021. If you or your family are from the EU, Switzerland, Norway, Iceland or Liechtenstein, you can still apply if you or a family member were living in the UK by 31 December 2020. You must also either:

Is it free to apply for EU settlement?

It’s free to apply to the EU Settlement Scheme.

What is the EU settlement scheme?

The EU Settlement Scheme gives EU/EEA/Swiss nationals the opportunity to protect their residence in the UK after the transition period has ended. Applicants who apply to the scheme will either be granted pre-settled or settled status, after a successful application.

When is the deadline to apply for EU settlement?

The deadline for most people to apply for the EU Settlement Scheme was 30 June 2021. If you still need to apply, please visit the Gov.uk webpages to understand whether you will meet the late application criteria.

How long is a pre-settled resident in the UK?

Pre-settled status is granted to an EU/EEA/Swiss National who has not lived in the UK for a continuous period of five years. Pre-settled status is valid for 5 years and allows you to study, live and work in the UK. Once you have been in the UK for 5 years, you will then be able to apply to switch to settled status, as long as you meet the 5 years ’ continuous residence requirement, also known as ‘continuous qualifying period’. ( Annex 1 – Definitions – for CQP)

When did the UK leave the EU?

The UK left the EU on 31 January 2020 under the terms of the Withdrawal Agreement, made between the UK and the EU. (Separate agreements were made between the UK and Norway, Iceland, Lichtenstein, and Switzerland). The terms of the Withdrawal Agreement included the current transitional period, which is expected to continue until 31 December 2020.

Is the EU settlement scheme an immigration application?

The EU Settlement Scheme is an immigration application, therefore, you should ensure you are eligible and have the relevant documentation available before submitting your application.

Who can apply for an EU Settlement Scheme Family Permit?

You can apply for an EU settlement scheme family permit to come to the UK if you can answer yes to all of the following –

What does the family permit allow you to do?

A family permit makes it easier to travel with your family member to the UK or to join them here. It allows you come to the UK for up to 6 months. Whilst here, you can work and study, and come and go as many times as you want before the permit expires. But for most, it can mean a whole new way of life.

What happens when the family permit expires?

The permit is usually paid for 4 or 6 months, depending on when you apply. However, the options available to you when it expires are the same.

When is the deadline for EU settlement?

For those citizens resident in the UK by 31 December 2020, the deadline for applications to be made to the EUSS was 30 June 2021, which was also the end of the grace period during which their existing EU law rights were protected pending the outcome ...

How long do you have to live in the UK to switch to settled status?

If you hold pre-settled status under the EUSS, you can apply to switch to settled status as soon as you’re eligible. This is usually after you’ve lived in the UK, the Channel Islands or the Isle of Man for 5 years in a row (known as ‘continuous residence’).

What are rights protected by EUSS?

Rights are also protected where the outcome of any appeal against a decision to refuse status is pending. Anyone awaiting the outcome of their in-time application to the EUSS can evidence their rights with their Certificate of Application which is issued as soon as possible after a valid application is received.

When is the deadline for EUSS 2021?

Pending applications made by the 30 June 2021 deadline. Individuals who submitted an application to the EUSS by the deadline of 30 June 2021 have their existing rights protected until the application is decided. Rights are also protected where the outcome of any appeal against a decision to refuse status is pending.

How long can you stay in the UK without being settled?

If you have spent more than 6 months outside the UK in a 12-month period, you may not be eligible for settled status, save for a single period of absence of up to 12 months for an important reason (such as study, caring for a relative who was seriously ill or an overseas posting).

Do Swiss citizens have to provide proof of their rights to work?

This includes your rights to work, study and access benefits and services in the UK. EU, EEA and Swiss citizens and their family members are now required to provide proof of their rights to work, to rent private or social housing (if resident in England), and access benefits.

Can Swiss citizens live in the UK?

Since 1 July 2021, EU, EEA and Swiss citizens and their family members have to evidence their right to be in the UK by having a valid UK immigration status . If you do not hold indefinite leave to enter or remain, you can obtain the status you need through the EUSS if you were resident in the UK by 31 December 2020, or are a joining family member of an EU, EEA, or Swiss citizen who was resident here by then. Alternatively, you may be able to obtain a valid visa under the points-based immigration system.

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Overview

The European Union Settlement Scheme is a scheme launched in 2019 by the Home Office to process the registration of EU citizens resident in the United Kingdom prior to its departure from the European Union.
Successful applicants receive either 'Pre-settled status' or 'Settled status', depending on the length of time they have been resident in the United Kingdom.

Application process

The application process is predominately digital. Applicants are required to use an NFC-enabled device to scan the biometric chip on their relevant identification document, after which they are free to complete the application on any internet-enabled device.
During the early stages of the Scheme's rollout process, there was a £65 fee for applicants above the age of 16 (the fee was halved for younger applicants) at the point of application. This was, h…

Eligibility

The EU Settlement Scheme applies to all EU, EEA and Swiss citizens resident in the United Kingdom prior to its departure from the European Union, and their family members. Relevant nationals who are not in their own right British nationals, or who do not already have indefinite leave to enter the UK or indefinite leave to remain in the UK, and who wish to remain in the United Kingdom, are required to apply under the Scheme lest they face enforcement action.

Rights granted

Citizens resident in the UK prior to 31 December 2020 and exercising Treaty rights for a continuous period exceeding five years ('continuous residence') will usually receive 'settled status' – formally Indefinite Leave to Remain (ILR) under Appendix EU to the Immigration Rules. They are able to remain in the UK as long as they wish, subject to conditions, and retain the same rights to employment, welfare, education and public funds as previously; they may also apply for British ci…

Statistics

By 30 April 2022, the Home Office had received 6,595,200 applications to the EU settlement scheme. Of these 5,812,500 (92%) were granted settled or pre-settled status whilst 514,400 (8%) were either refused, invalid, withdrawn or void. The countries with the most applications were Romania (1,240,210) and Poland (1,148,900) whilst the countries with the fewest were Liechtenstein (90) and Luxembourg (1,890).

External links

• "The EU Settlement Scheme: A summary". House of Commons Library. 14 January 2020. Retrieved 22 January 2020.
• "What the end of the Brexit transition means for individuals". Institute for Government. 9 September 2020. Retrieved 17 September 2020.{{cite web}}: CS1 maint: url-status (link)

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