The EU Settlement Scheme:
The EU Settlement Scheme is open to EU, EEA or Swiss citizens, as well as relevant family members of an EU, EEA or Swiss citizen; including the spouse, child, grandchild or great-grandchild under the age of 21. The dependent child over the age of 21, dependent parent, grandparent, great grandparent or dependent relative of an EU, EEA or Swiss citizen of an EU, EEA or Swiss citizen or their spouse or civil partner may also be eligible to apply. Usually, you would need to demonstrate that the relationship existed prior to 31 December 2021.
The deadline for most people to apply to the EU Settlement Scheme was 30 June 2021, however, you can still apply if either the deadline for you to apply is after 30 June 2021 or you have ‘reasonable grounds’ for why you did not apply by the deadline. In some circumstances, an application will first need to be made for an EU Settlement scheme family permit. We would recommend discussing your ‘reasonable grounds’ with an immigration specialist.
If you are granted Settled Status, you will have full right to work, study, live, access the NHS and travel freely in and out of the UK. 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’). The 5 years is counted from the day you started your continuous residence, not the day you were granted pre-settled status.
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Other individuals may also be eligible for Settled Status, depending on the circumstances including those with retained rights of residence, a derivate right to reside or you are an individual with a Zambrano right to reside. The exact requirements you will need to meet depend on your circumstances. We recommend you speak to an immigration lawyer for further advice.
You do not need to apply if you have:
You cannot apply if you have British Citizenship or are exempt form immigration control.
If you’re from the EU, EEA or Switzerland, you can apply from outside the UK if you hold either a valid passport or national identity card with a biometric chip.
If you’re from somewhere else, you can apply to the EU Settlement Scheme fromoutside the UK if you have a UK-issued biometric residence card (if it has not expired).
Otherwise, you will need to apply for an EU Settlement Scheme Family Permit to come to the UK. Once you’re in the UK you can apply to the EU Settlement Scheme.
Can I work, study or access the NHS whilst a decision is pending on my application?
Once you’ve applied and received your certificate of application to the EU Settlement Scheme, your rights are protected. This protection will last until you get a decision on your application or the outcome of an administrative review or appeal.
You can use your certificate of application to prove your rights in the UK, for example the right to work, rent, claim benefits, or use NHS services. You can use your certificate of application to prove your rights in the UK.
You can view your certificate online. You will also receive a copy of your certificate in the post or by email, depending on how you applied.
If your application has been unsuccessful, you may be able to apply for an administrative review or make an appeal to an independent tribunal. We recommend you speak to an immigration lawyer for expert advice.