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EU Settlement Applications

EU Settlement Scheme

The EU Settlement Scheme allows resident EU, EEA, and Swiss citizens, and their family members, who began living in the UK by December 31, 2020 (end of the ‘Withdrawal Period’), to remain in the UK after the ‘Grace Period’ ended on June 30, 2021.

Eligibility for Settled Status

  • Qualifying Residence: Individuals who have completed a continuous 5-year period of qualifying residence in the UK will be granted indefinite leave to remain, known as Settled Status.

  • Pre-Settled Status: Most applicants currently eligible for Settled Status already hold Pre-Settled Status. If you have not completed the required 5-year residence, you will be granted Pre-Settled Status.

Family Members

The scheme is open to joining family members of EU, EEA, or Swiss citizens who started living in the UK by December 31, 2020. The relationship must have existed before this date and continue to exist at the application date. They must apply for a Family Permit to enter the UK and then for Pre-Settled Status. After 5 years of continuous residence with Pre-Settled Status, they can apply for Settled Status.

Application Deadlines

  • Grace Period: The deadline for applying was June 30, 2021, for those resident before December 31, 2020. Those not yet eligible for Settled Status could apply for Pre-Settled Status.

  • Late Applications: You may still apply if there are reasonable grounds for missing the deadline. Updated guidance is available for late applications.

Special Cases

  • Swiss Nationals: They can bring a spouse or civil partner to the UK until December 31, 2025, if the relationship began between December 31, 2020, and December 31, 2025.

  • British Citizen’s Family Members: Family members who lived in an EEA country with a British citizen needed to apply by March 29, 2022. Late applications may be possible.

Additional Information

  • Limited Leave Expiration: If your limited leave expires after June 30, 2021, apply before it expires.

  • Updated Guidance: Regular updates on application processes and deadlines are available.

Requirements for Settled Status

To qualify for Settled Status, you must:

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  • Be an EU, EEA, or Swiss citizen, or a family member of one.

  • Have started living in the UK by December 31, 2020 (or be a joining family member who arrived later and completed a 5-year residence period).

  • Demonstrate a continuous qualifying period of at least 5 years.

What is Settled Status?

  • Definition: Granted to those who demonstrate 5 years of continuous residence in the UK, Channel Islands, or Isle of Man.

  • Rights: You can stay indefinitely, work, study, access the NHS, and travel in and out of the UK.

  • Absence Allowance: You can spend up to 5 years outside the UK (4 years for Swiss citizens) without losing Settled Status.

Continuous Residence Requirements

  • Residence Proof: Show 6 months residence in every 12 months over 5 years.

  • Permitted Absences: Single periods up to 12 months for important reasons, compulsory military service, or as a Crown servant/family member.

Who Should Apply?

  • EU, EEA, or Swiss citizens: Resident before December 31, 2020.

  • Family Members: Spouses, civil partners, children, grandchildren, dependent relatives of EU, EEA, or Swiss citizens, or their partners.

  • Others: Individuals with derivative rights to reside or family members of British citizens.

Who Doesn't Need to Apply?

  • Exemptions: Those with indefinite leave to remain, Irish citizenship, British citizenship, or who are exempt from immigration control.

  • Frontier Workers: Should apply for a Frontier Worker Permit instead.

Application Process

  • From Outside the UK: Possible if you meet the required evidence of entitlement.

  • Fees: No application fee or Immigration Health Charge.

  • Processing Time: Typically about 5 working days, though delays can occur.

Refusal and Appeals

  • Appeal Rights: You can appeal to the First-tier Tribunal or request an administrative review if refused.

  • Assistance: Our immigration advisors can help with applications, appeals, and provide expert advice.

How Can We Help?

We, at Pinnacle Immigration regularly work with EU Settlement applications and appeals. We have experts in the immigration options available to those seeking to remain in the UK on human rights grounds and can guide you through the complex Home Office rules, policies, and case law. Get in touch today with one of the options below!

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