EU National and lived in the UK for more than 5 years – can I still apply for Settled Status under EU Settlement Scheme?

The EU Settlement Scheme was designed for a post-Brexit UK, allowing EU, EEA, Swiss nationals and their families living in the UK prior to the end of the transition period (31 December 2020) to secure their continued right of residence in the UK going forward.

The official deadline for applications under the EU Settlement Scheme was 30 June 2021. However, late applications can still be submitted on a discretionary basis, with evidence as to the reasons for the late submission.

Therefore, those who completed a historic period of five years of continuous residence in the UK prior to the date of Brexit (1 January 2021) may still be able to make an application for Settled Status under the EU Settlement Scheme.

This is due to the fact that those who have spent five continuous years in the UK prior to the date of Brexit, i.e. five years with no absences from the UK of more than six months in any 12-month period, may have automatically acquired what was previously called permanent residence (now Settled Status). Therefore, an application could be made under the EU Settlement Scheme to ‘transfer’ this status to that of Settled Status.

Apart from having to prove that there was no absence of more than six months within the five-year qualifying period, the Immigration Rules also stipulate that for one to be able to rely upon their historical period of five years of continuous residence in the UK, one must also not have been subsequently absent from the UK for more than five consecutive years.

Therefore, if an individual has completed a continuous period of residence in the UK between December 2014 and December 2019, and subsequently left the UK, they may still be able to make an application for Settled Status because five years have not yet passed between 2019 and present.

It is very important to note that each application is specific to an individual’s circumstances and the evidence they can provide to support their case. Careful consideration should be given to the chances of success of such an application before it is submitted.

How Gherson Can Help

Gherson’s Immigration Team has extensive experience in advising on applications made under the EU Settlement Scheme, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on Twitter, Facebook, or, LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication, it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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