EU Settlement Scheme Applications
The EU Settlement Scheme (EUSS) allows EU nationals and their family members who were living in the UK before 31st December 2020 to protect their rights to live and work in the UK. Our EU Settlement Scheme lawyers & solicitors can guide you with your EUSS application.
EU Settlement Scheme: Applications for EU Nationals and their family members
The United Kingdom (UK) has left the European Union (EU), and the rules on the free movement of people no longer apply to the UK. The EU Settlement Scheme (EUSS) was introduced to offer EU, EEA, and Swiss citizens and their eligible family members living in the UK before the end of the transition period the opportunity to protect their right to live in the UK after the transition period ended. The scheme also protected other rights, including access to healthcare, benefits, and pensions. Applications to the EUSS closed on 30 June 2021.
Applications under the EU Settlement Scheme can still be made if you have ‘reasonable grounds’.
If you are an EU national or a family member of an EU national, you can still make one of the following relevant applications for leave to enter or remain in the UK.
EU Settlement Scheme Family Permit
The EU Settlement Scheme Family Permit is available to non-EEA citizens who wish to travel to and enter the UK in order to join or accompany a close family member who is a relevant EEA citizen.
Who Benefits from the EU Settlement Scheme Family Permit
An EU Settlement Scheme Family Permit benefits a family member of a relevant EU national, making it easier for them to travel to the UK, as the Home Office assesses your eligibility prior to your arrival. It allows you to come to the UK for up to 6 months. You can work and study, and come and go as many times as you want before the permit expires.
Requirements for an EU Settlement Scheme Family Permit
In order to qualify for an EU Settlement Scheme Family Permit, you will need to prove that:
You are the joining family member of a relevant EEA citizen (an EEA citizen who holds settled or pre-settled status in the UK, or has applied and is waiting for a decision).
You will be accompanying the EEA citizen to the UK or joining them in the UK within 6 months of the date of application.
Your family relationship began prior to 31 December 2020.
Family Members Eligible for an EU Settlement Scheme Family Permit
The following family members of relevant EEA citizens may be eligible to apply for an EU Settlement Scheme Family Permit:
Spouse of a relevant EEA citizen.
Civil partner of a relevant EEA citizen.
Durable partner of a relevant EEA citizen.
Child (or grandchild or great-grandchild) of a relevant EEA citizen or of their spouse or civil partner.
Dependent parent (or grandparent or great-grandparent) of the relevant EEA citizen or of their spouse or civil partner. You will need to demonstrate that your relationship existed prior to 31 December 2020.
Fees
It is free to apply for the permit. However, you will need to attend a biometric appointment in your country of origin.
Switching to the EU Settlement Scheme from a Family Permit
If you wish to stay in the UK beyond the validity period of your EU Settlement Scheme Family Permit, then you will need to apply to the EU Settlement Scheme:
Within 3 months of entering the UK, or
Before your EUSS Family Permit expires (whichever is earlier).
Making an Application Under the EU Settlement Scheme
Eligibility for an Application for EU Settlement Scheme Pre-Settled Status
The deadline for most people to apply for pre-settled or settled status through the EU Settlement Scheme was 30 June 2021.
You can only apply to the scheme after this deadline if you:
Have a good reason for making a late application
Are upgrading from pre-settled to settled status
Are switching from an EUSS family permit to pre-settled status
Are an EU national applying to join a family member in the UK
Joining Your EU Family Member in the UK
Your family member should usually apply to the EU Settlement Scheme as a family member before they come to the UK. They’ll need to apply using the government’s ‘EU Exit’ app.
When they’ve got pre-settled or settled status, they can come or continue to live in the UK.
How Long Does Pre-Settled Status Last?
If you have pre-settled status under the EU Settlement Scheme, it will be granted for 5 years. At the end of the 5 years, it will usually extend by another 5 years. This extension will be granted automatically, to those who haven’t yet applied for settled status, ensuring no one loses their rights due to a missed application.
Settled Status
Under Appendix EU, if an EU national or eligible family member has lived in the UK for 5 continuous years, they are eligible to apply for EU settled status.
Demonstrating 5 Years of Continuous Residence
In order to demonstrate 5 years of continuous residence, you will need to show that you have lived in the UK, the Channel Islands, or the Isle of Man for at least 6 months in every 12 months during a consecutive 5-year period.
Under the Immigration Rules, the following absences will not be considered to break the continuous qualifying period:
A single period of up to 12 months for an important reason such as childbirth, serious illness, study, vocational training, or an overseas work posting
A period of compulsory military service of any length
Time spent abroad as a Crown servant, or as the family member of a Crown servant
Time spent abroad in the armed forces, or as the family member of someone in the armed forces
Switching from Pre-Settled to Settled Status
If you hold pre-settled status, you can apply for settled status as soon as you are eligible. This is usually after you have lived in the UK, the Channel Islands, or the Isle of Man for 5 years in a row (‘continuous residence’ as explained above). You may not be eligible for settled status if, during the 5 years, you have spent more than 6 months outside the UK in a 12-month period, unless one of the exceptions applies.
How immigration lawyers & solicitors at Mulgrave Law can assist you with your EU Settlement Scheme application
Our team of experienced lawyers and solicitors specialises in helping EU nationals and their families relocate, work, and study in the UK. With the UK undergoing significant changes in immigration law, Mulgrave Law stays current with these updates and guarantees clear, personalised legal advice regarding the EU Settlement Scheme.
Your dedicated lawyer or solicitor will ensure that your EU Settlement Scheme application is supported by the strongest legal arguments and evidence. Our high success rates reflect our deep understanding of the complexities of UK immigration law, thanks to our team of some of the best immigration lawyers in London. Here is what you can expect once you instruct us. Take advantage of our FREE 30-min consultation to find out more.
We guarantee a fixed and transparent fee, disclosed before you instruct us, with no hidden admin charges.
An experienced lawyer will be dedicated to handling your case from start to finish.
We will provide you with a detailed document checklist based on your circumstances.
We assess your documents to ensure they meet the Home Office requirements.
We prepare detailed representations in support of your application.
We liaise with the Home Office after the submission of the application, if required.
If the application is refused due to our error, we will refund our processing fee or assist with the resubmission of the application without charging any further fees.