The EU Settlement Scheme (EUSS) was established under the UK/EU Withdrawal Agreement to protect the residency rights of EU citizens and their eligible family members who lived in the UK before the Brexit transition ended at 11 pm on 31 December 2020. While the deadline for applying under the scheme was 30 June 2021, late applications may still be accepted under certain circumstances.

Settled Status under the EUSS is also called Indefinite Leave to Remain. EU citizens and their family members who have been granted Settled Status will be able to stay in the UK indefinitely, unless they are absent from the UK for more than 5 years (or 4 years if they are a Swiss citizen).

In order to be granted Settled Status under the EU Settlement Scheme (EUSS), the Applicant must meet certain requirements, this includes validity, suitability, and eligibility requirements set out within Appendix EU of the Immigration Rules. Including that the Applicant is required to have lived continuously in the UK for five years. Most eligible applicants will already have Pre-Settled Status.

What are the Requirements for Settled Status?

What are the Validity Requirements for a Settled Status Application?

The validity requirements to be met by the Applicant for Settled Status are set out under EU 9 of Appendix EU of the Immigration Rules. The Applicant must make a valid application by using the required application process, providing the required proof of identity and attending any required biometric appointment.

What are the Suitability Requirements for a Settled Status Application?

The Applicant must disclose any circumstances that engage the suitability section of Appendix EU of the Immigration Rules. The Application will be refused if the Applicant is subject to a deportation order or to a decision to make a deportation order or subject to an exclusion order or exclusion decision at the date of the decision. The Application will also be refused if the Home Office deems the Applicant’s presence in the UK is not conducive to the public good because of conduct committed after the specified date.

What are the Eligibility Requirements for a Settled Status Application?

Rule 11 – 13 of Appendix EU of the Immigration Rules set out the eligibility requirements for persons eligible for Indefinite Leave to Enter or Remain as a relevant EEA citizen or their family member, or as a person with a derivative right to reside or with a Zambrano right to reside in the UK.

Continuous Residence

What is the Qualifying Period for Settled Status?

Five years of continuous residence means living in the UK, the Channel Islands, or the Isle of Man for at least 6 months in any 12-month period. Certain absences of more than 6 months within a 12-month period do not count as a break in continuous residence. Any imprisonment will break the continuous qualifying period.

How do Absences affect Continuous Residence?

The following absences will not normally be considered to break the continuous qualifying period:

• Absences up to 12 Months: Absences of up to 12 months for an ‘important reason’ do not break the ‘continuous qualifying period’ of residence. Important reasons include serious illness, pregnancy, childbirth, study, vocational training, overseas posting, and various coronavirus-related reasons.
• Absences Not Exceeding 12 Months: Absences intended to not exceed 6 months but extended due to coronavirus also do not break the continuous qualifying period. Examples include being ill with coronavirus, quarantine, caring for a family member affected by coronavirus, or travel disruptions due to coronavirus, compulsory military service, time spent abroad as a Crown servant or in the armed forces, and working in the UK marine area.
• Absences Exceeding 12 Months: If an absence for an important reason exceeds 12 months due to coronavirus-related issues, it will not count towards the continuous qualifying period. However, the period will be paused from the point the absence reached 12 months and resume once the individual returns to the UK.
• Second Period of Absence due to Coronavirus: If there is a second period of absence due to coronavirus after an initial 12-month absence for an important reason, the first 6 months of this second absence will count towards the continuous qualifying period.  

Can I Rely on a Historical Period of Residence?

If you previously completed a continuous period of at least five years of residence in the UK before 31 December 2020, you could still be eligible to apply for Settled Status (Indefinite Leave to Enter or Remain). Your historic five-year residence period could have occurred at any point before the Brexit transition period ended.

What is a ‘Supervening Event’ and How Does it Affect Eligibility?

Since completing your five-year historic residence period, you must demonstrate that no “supervening event” has occurred that might invalidate your eligibility.

Key Supervening Events:

• Absence from the UK exceeding five consecutive years since completing your historic residence period
• Exclusion, removal, or deportation orders issued against you

Is there a fee for the Settled Status application?

It is free to make an application under the EU Settlement Scheme.

How long does it take to get a decision?

At the moment, a Settled Status application can take approximately six months to process, however, there is no strict timeframe the Home Office has to follow.

Can I apply for British citizenship after getting Settled Status?

Being granted Settled Status does not mean that you are a British citizen, and you cannot apply for a British passport straight away.

You must apply to naturalise as British first, applications can usually be submitted after Settled Status has been held for 12 months and other requirements such as the length of absence, residence requirement, knowledge of Life in the UK and English language requirement, future intention and good character requirements must be met. The naturalisation requirements vary slightly if you are married to a British citizen.

How Our Immigration Lawyers Can Help

Our immigration lawyers can provide detailed expert advice, assess your eligibility, and assist with your application or appeal. We are dedicated to offering clear and reliable advice tailored to your needs. For assistance, contact our EU Settlement Scheme lawyers at 020 8088 2555 or email us via info@angelov.law.