EUSS Pre-Settled Status Applications

The EU Settlement Scheme, also known as the EUSS, allows eligible EU, EEA and Swiss citizens and their family members to secure immigration status in the UK under Appendix EU of the Immigration Rules.

For many applicants, the main deadline to apply was 30 June 2021. However, the scheme remains open in certain circumstances, including for some late applicants with reasonable grounds for missing the deadline, eligible joining family members, and applicants who already hold pre-settled status and later apply for settled status.

What is EUSS pre-settled status?

Pre-settled status is limited leave granted under the EU Settlement Scheme. It is usually granted to eligible applicants who have not yet completed the continuous residence required for settled status.

Pre-settled status allows a person to live, work and study in the UK, access public services, and later apply for settled status if they meet the relevant residence requirements.

Who can still apply for pre-settled status under the EU Settlement Scheme?

Although the main EUSS deadline has passed, applications may still be possible in certain cases. These may include:

• EU, EEA or Swiss citizens who were resident in the UK by 11pm 31 December 2020 and have reasonable grounds for applying late;
• family members of eligible EU, EEA or Swiss citizens;
• joining family members;
• children whose parent, guardian or local authority did not apply for them;
• applicants who could not apply in time because of serious illness, vulnerability, lack of capacity, abusive circumstances or other compelling reasons.

The Home Office guidance states that late applicants must provide information and evidence showing reasonable grounds for their delay. The longer the delay, the harder it may be to satisfy the Home Office that there are reasonable grounds covering the whole period of delay.

What are reasonable grounds for a late EUSS application?

A late EUSS application must explain why the applicant did not apply by the deadline and why they did not apply sooner after the deadline passed.

Applicants must provide evidence which explains the reason or reasons they could not apply and covers the whole period since the deadline passed. 

Reasonable grounds may include, depending on the evidence:

• Children not applied for by a parent, guardian or local authority
  For example, where a child was under 18 at the deadline and no application was made on their behalf.
• Care leavers not supported to apply in time
  This includes cases where a local authority failed to identify or protect the person’s EUSS position.
• Lack of physical or mental capacity
  Where the applicant could not make the application because of capacity issues, disability or serious health limitations.
• Significant ongoing care or support needs
  For example, elderly applicants, people in care homes, people receiving social care, or those with long-term health or disability needs.
• Serious medical condition or significant medical treatment
  Illness, hospitalisation, pregnancy complications or medical treatment may be relevant, especially if it explains the delay for the whole period.
• Abusive or controlling relationship or situation
  Where domestic abuse, coercive control, withheld documents, fear or dependence prevented the applicant from applying.
• Exempt from immigration control
  For example, diplomats or employees of international organisations who only became subject to immigration control later.
• Existing limited leave to enter or remain
  Where the applicant had another form of UK immigration permission, other than visitor leave, which continued beyond the EUSS deadline.
• Indefinite leave to enter or remain held before the end of the transition period
  Where the applicant reasonably believed they did not need to apply because they already had ILR or ILE.
• Joining family members who previously visited the UK
  Where they previously came to the UK only as visitors, later decided to stay with their relevant sponsor, and applied as soon as reasonably possible.
• Prison or detention-related barriers
  Where imprisonment meant the applicant had reduced access to documents, biometrics or practical support.
• Pre-settled status granted in error
  Where the applicant was granted pre-settled status in error and later needs to make a further application, subject to timing and evidence.
• Reasonable mistaken belief based on previous residence documents
  For example, where the applicant held an EEA permanent residence document and reasonably believed this protected their UK status.
• Incorrect advice from an employer, landlord or other relevant person
  This may assist where the applicant relied on incorrect information and applied without further delay once the issue became clear.
• Long residence and compliant immigration history
  This is not usually enough by itself, but it may support the case when combined with other factors.

These examples are not exhaustive. The Home Office must consider the case in the round, but applicants should normally provide objective evidence wherever possible.

What are the eligibility requirements for pre-settled status under the EUSS?

Pre-settled status is granted under paragraph EU14 of Appendix EU where the applicant meets the relevant eligibility requirements but does not qualify for settled status because they have not completed the required five-year continuous qualifying period.

The applicant may qualify under the following categories:

• as a relevant European Economic Area (EEA) citizen
• as a family member of a relevant EEA citizen
• as a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen
• as a person with a derivative right to reside
• as a person with a Zambrano right to reside
• the applicant is not eligible for indefinite leave to enter (ILE) or indefinite leave to remain (ILR) under paragraph EU11 of Appendix EU solely because they have completed a continuous qualifying period of residence of less than 5 years
• the applicant is a family member of a relevant EEA citizen, and there has been no supervening event in respect of the relevant EEA citizen

Will the Home Office ask for more evidence before refusing a late EUSS application?

Where the Home Office considers that further information or evidence is needed, caseworkers should normally make three attempts to contact the applicant over a minimum period of three weeks. The first two attempts may be made at the same time using different contact methods, such as email, telephone, text message or letter, and should include the applicant’s preferred method of contact where one has been provided. The applicant should usually be given 14 calendar days to respond with the requested information or evidence. If no adequate response is received, a third and final contact attempt should normally be made, giving a further 7 calendar days to reply. If the applicant confirms that they cannot or will not provide further evidence, the Home Office may decide the application based on the information already available.

Can joining family members apply for EUSS pre-settled status?

Yes. Eligible joining family members may still be able to apply under the EU Settlement Scheme, even though the main deadline of 30 June 2021 has passed.

This may apply where the applicant is joining or accompanying a relevant EU, EEA or Swiss sponsor in the UK and meets the family relationship and timing requirements under Appendix EU. In many cases, joining family members are granted pre-settled status first, unless they qualify for settled status.

The rules for joining family members are specific and depend on the type of family relationship, the sponsor’s status, the date the relationship existed, and when the applicant came to the UK. We have a separate article on this issue.