How To Apply For The EU Settlement Scheme
Date: 08 Jul 2024
The UK left the EU on 31 January 2020 and the Brexit transition period ended on 31 December 2020; from this date EU citizens and all foreign nationals must follow a new set of immigration rules in order to work, study or reside in the UK. However, with over 3.5million EU Nationals already living in the UK, the Home Office created the EU Settlement Scheme to enable all eligible EU citizens to continue to stay in the UK. In this article our immigration experts explain the key considerations for EU citizens to help you check your eligibility and proactively apply for the EU settlement scheme.
What is the EU settlement scheme?
The EU settlement scheme is designed to offer EU, EEA and Swiss citizens living in the UK before the end of the Brexit transition period (11 pm on 31 December 2020), and their eligible family members, the opportunity to safeguard their residence and remain in the UK after the transition period has ended. Eligible applicants can either apply for “settled status” or “pre-settled status” and the deadline for all EU settlement scheme applications is 30 June 2021 – but it is recommended to apply as early as possible.
If your application to join the EU settlement scheme is successful, you’ll be able to continue living and working in the UK after 30 June 2021 and will be granted either:
- Settled status
- Pre-settled status
Settled status
Most EU citizens who have lived in the UK for more than 5 years can apply for “settled status” and they will need to prove how long they have lived in the UK. To gain settled status, you only need evidence for 6 months out of every 12 months for 5 years in a row and it doesn’t have to be the last 5 years. You can provide evidence for a different 5-year period provided that you haven’t lived outside the UK for 5 years in a row since then.
Once you have “settled status” you can work, study or reside in the UK, access the NHS and (if eligible) benefits and pensions. You will also be eligible to apply for British Citizenship.
Pre-settled status
If you’ve lived in the UK for less than 5 years you can apply for “pre-settled” status. On your application to the EU settlement scheme, you will need to show you’ve lived in the UK for at least 1 day that was both:
- on or before 11pm on 31 December 2020
- in the last 6 months before your application date
How to prove how long you’ve lived in the UK
The easiest way to prove how long you have lived in the UK is through your National Insurance number. If this doesn’t provide sufficient evidence of your residence you will need to provide additional documents (such as a mortgage statement, tenancy agreement, council tax bill etc.) with your name and date on to cover these. When proving that you’ve lived in the UK for over 5 years it is best to provide documents that cover long periods of time.
To prove you are eligible for “pre-settled status” you will need to provide documents with your name and address on such as monthly bank statements, mobile phone bill etc. Or, if you only recently moved to the UK you will need to provide a used airline, train, or ferry ticket to show when you entered the UK.
For further advice on gathering evidence for your EU settlement scheme application please consult an immigration advisor.
Who is eligible for the EU Settlement scheme?
Under the new UK immigration rules any EU, EEA or Swiss citizen living in the UK on or before 31 December 2020 must apply to the EU settlement scheme to continue their residence in the UK. They and their families have until 30 June 2021 to make an application, in the meantime your rights and status in the UK will remain the same.
To be eligible each applicant to the EU settlement scheme must prove they:
- Resided in the UK before 11pm on 31 December 2020 (the end of the Brexit transition period)
- Don’t have a serious criminal record
Irish citizens and certain other individuals, including those with Indefinite Leave to Remain or a claim to British citizenship (either automatically or by registration), are not required to apply.
Who isn’t eligible for the EU Settlement scheme?
If you arrived in the UK on or after 1 January 2021 you cannot apply to the EU settlement scheme and must follow a revised set of UK immigration rules in order to be granted a visa to work or study in the UK.
How to apply for the EU Settlement Scheme
- Check eligibility for you and your family – and double check that you need to apply!
- Get prepared: write a list and gather all the documents you will need to provide as evidence. You will need to scan or photograph each document then save them all in a folder on your laptop or smartphone.
- Seek professional advice: we recommend discussing every immigration matter with an immigration consultant to ensure your application goes as smoothly as possible, most good immigration lawyers offer a free consultation and will be happy to offer EU settlement scheme guidance.
- Submit your application ASAP or before 20 June 2021. You can apply for the EU settlement scheme online for free or with the support of an immigration consultant; you will need to supply valid identity documents (i.e. passport), a recent photograph and evidence to prove your residence in the UK.
- After you’ve applied you will receive an email containing a letter advising you of your “settled” or “pre-settled status”
Book a free 30-minute consultation with an immigration expert
If you are an EU citizen already living or working in the UK, be proactive and start a conversation with an immigration specialist as soon as possible. The Yellow Halo recognise the need for straightforward immigration advice, particularly with the fundamental changes caused by Brexit, and we offer competitive fees with no compromise on expertise, ethics or quality of service. Please get in touch and book your free 30 minute consultation with our immigration experts to discuss your individual immigration needs.
