What is settled status under the EU Settlement Scheme?

If you are a European Union (EU) national, European Economic Area (EEA) or Swiss national, or a family member of one of these citizens, and have been living in the UK since before 31 December 2020, you may have heard about settled status under the EU Settlement Scheme (EUSS). 

Following the UK’s vote to leave the EU in 2016, the Home Office introduced the EUSS in March 2019, which allowed EU/EEA/Swiss nationals and their dependants residing in the UK to register the fact that they were living, working and/or studying in the UK before it left the EU. The scheme provided two types of status – pre-settled and settled status.

What is settled status?

Settled status under the EUSS was granted to applicants who were able to demonstrate 5 years’ continuous residence in the UK, the Channel Islands or the Isle of Man. Unless the applicant was joining a family member from outside of the UK, they would have to have started living in the UK by 31 December 2020. Settled status is another term for indefinite leave to remain or permanent residence.

What is the deadline for submitting an application?

The deadline for most people to apply for settled status through the EUSS was 30 June 2021. However, late applications may still be possible. The Home Office provides for ‘reasonable grounds’ that might justify a late application, although these grounds are narrow and will need to be supported by evidence.

What are the residence requirements for settled status?

In order to qualify for settled status you will need to show that you were living in the UK by 31 December 2020 and that you have completed a continuous qualifying period of residence of at least 5 years. This generally means that you have not spent more than 6 months outside of the UK for in any 12-month period throughout the 5 years. There are some limited exceptions to this rule.

There are various other requirements you will need to satisfy, which will vary depending on your circumstances. 

What happens if settled status is granted?

If you are granted settled status, you will have the right to work, study, live, access the NHS and travel in and out of the UK. Moreover, you will usually be able to apply for citizenship 12 months after you have received settled status. It is important to check how applying for British nationality will affect your original or current nationality as not all EU/EEA countries permit dual nationality.

You can lose settled status if you leave the UK for more than 5 years (Swiss nationals can only leave for 4 years).

How Gherson can help?

Gherson’s immigration team has extensive experience in all aspects of the EU Settlement Scheme, and would be happy to assist. 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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