What is the EU Settlement Scheme?

Following UK’s exit from the European Union (EU), a citizen of the EU, the European Economic Area (EEA) or Switzerland, or a family member of such a citizen who was living, working or studying in the UK, has been required to apply to the EU Settlement Scheme (EUSS).

The EUSS opened in March 2019 for applications and generally closed on 30 June 2021. By this date those EU/EEA/Swiss nationals in the UK had to have made an application to continue living, working or studying in the UK.

What applications could be submitted under the EUSS?

The EUSS allowed for 2 different applications – pre-settled status and settled status. Applications for pre-settled status were available to EU/EEA/Swiss citizens or family members of EU/EEA/Swiss citizens, if they had lived in the UK for less than 5 years and began their period of residence in the UK before 31 December 2020. Pre-settled status was issued for 5 years to allow the holder to accumulate 5 continuous years of residence in the UK so they could then apply for settled status further down the line.

Applications for settled status were available to EU/EEA/Swiss citizens or their family members, if they had lived in the UK for 5 years or more and began their period of residence in the UK before 31 December 2020. Settled status enabled an EU/EEA/Swiss citizen or their family members to live, work or study in the UK without a time limit.

Can I lose my status if I spend time outside the UK?

Both statuses can be lost: pre-settled status can be lost if the holder spends more than 2 years outside of the UK in one block, and settled status can be lost if the holder spends more than 5 years outside of the UK in one block (4 years for Swiss nationals).

Although the deadline for applications under the EUSS has passed, late applications are still accepted, if applicants can demonstrate ‘reasonable grounds’ for missing the deadline. However, these applications are discretionary, meaning that the Home Office decides whether to apply discretion and grant them or not. Evidence of the reason for the late application will also have to be submitted.

How Gherson can help?

Gherson’s immigration team has extensive experience in all aspects 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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