Since Brexit, the way EU, EEA and Swiss nationals come to live, work and study in the UK has changed. You are now required to apply for UK immigration status under the EU Settlement Scheme if you are already living in the UK and want to stay indefinitely.
The deadline for applying was 30th June 2021; however, you can still apply if that deadline did not apply to you, or you have ‘reasonable grounds’ for not applying by the deadline.
Latitude Law can help you and your family apply for the correct status to enter into, or remain in the UK. If you are not eligible to apply under the EU Settlement Scheme, our solicitors can also advise on other potential visa categories and help you to make the relevant application.
The EU Settlement Scheme (EUSS) is the UK’s government replacement for free movement regulations that permit EU, EEA and Swiss nationals and their families to relocate, work and study in the UK.
The EUSS is used to classify whether your immigration status is ‘settled’ or ‘pre-settled’. You will receive settled status if you have been living continuously in the UK for five years. If you have lived in the UK for less than five years, you will be granted pre-settled status that will normally last for five years. Following this period, you will be able to apply for settled status.
Settled or pre-settled status under the EUSS will allow you and your family to live, work and study freely in the UK. After 12 months under settled status (a total of six years living continuously in the UK), you are then able to apply for naturalisation to become a British citizen. You may be eligible to apply earlier for naturalisation if you are married to a British national.
Once settled status is secured, it can only be lost through an absence of five years from the UK, or through withdrawal, e.g. if you commit a serious crime and are excluded from the country.
An EUSS application will be approved if you meet the eligibility requirements outlined below, and display good character:
‘Continuous qualifying residence’ is defined as spending six months in any 12-month period in the UK. Automated checks on your residence will be conducted via HMRC or Department for Work and Pensions (DWP) records. There is no need to provide documents to prove your residence if your work history is sufficiently evidenced. You may also provide further evidence to confirm your continuous qualifying residence, if you are unable to confirm this through employment in the UK.
Some exceptions to continuous residence requirements include:
You must apply for the EUSS using the online application form, and the relevant process set out in that form for providing proof of identity and nationality, through the use of the identity verification app or through biometric enrolment (providing fingerprints and photographs) at a visa application centre if you are unable to use the app.
Once you have applied, you will be issued a digital certificate by the Home Office to confirm that you have submitted a valid application under the scheme. This does not confirm that you have a valid immigration status in the UK.
If your application is successful, you will either be granted settled status (also known as indefinite leave to remain), or pre-settled status and be granted five years of leave to remain.
Your family is able to make an application under the EUSS at the same time as you. Under UK immigration rules, the following family members can be considered:
The supporting documents that your family will need to provide for their application include a valid passport, evidence of the relationship with the person applying under the EUSS, and proof of dependency (where applicable).
You may be entitled to apply for an EU Settlement Scheme family permit if you previously had a right to reside in the UK, either as a family member of an EU, EEA, Swiss citizen, or from living in the EU, EEA or Switzerland with a British citizen. This is called ‘retained right of residence’ and you may be eligible if:
Our EU immigration lawyers can help you to make an application for an EU Settlement Scheme family permit.
You can apply for pre-settled status under the EUSS if you have not completed five years of continuous residence as an EEA national or a family member of an EEA national. Pre-settled status is granted for a period of five years, after which you can apply for settled status under the EUSS.
Relevant EEA nationals and their family members
Family members can apply under the EUSS if a relevant EEA citizen has been resident in the UK from 31st December 2020 without breaking their continuous residence. Relationships that grant eligibility to apply for pre-settled status under the EUSS include:
Irish nationals and their family members
Irish citizens are entitled to right of residence in the UK, meaning they are not required to apply for pre-settled status under the EUSS. However, family members who are not Irish or British citizens and do not have leave to enter or remain in the UK will need to make an application for pre-settled status under the EUSS.
Spouses of a Swiss national
A spouse or civil partner of a Swiss national can apply for pre-settled status under the EUSS if their marriage or civil partnership was formed before 1st January 2026.
You can apply for settled status under the EUSS if you have lived in the UK continuously for five years. If you achieve settled status, you will be able to stay in the UK for as long as you like, and may also apply for British citizenship - this is something that our settled status solicitors can help you with.
Our team has extensive experience in assisting EU nationals and their families to relocate, work and study in the UK. We are committed to remaining up to date on UK immigration law changes to ensure we provide effective and timely EU settlement scheme legal advice and support to our clients.
When it comes to making an application under the EU Settlement Scheme, we are able to ensure that your application provides the strongest evidence and argument possible to help you secure the desired result.
We will also be on hand to answer any questions you have, providing responses in simple, jargon-free language so you are always well-informed.
Legal 500 2024"Latitude Law is always the 'go-to' immigration firm of the North West. They take their time to get the know their clients and the issues at hand and are very pragmatic and practical in their approach."
Latitude Law has significant experience of preparing successful EU Settlement Scheme applications. We have assisted clients with tackling some of the most complex issues that can arise for those applying for permission to enter or remain under the EU Settlement Scheme.
Thanks to our extensive knowledge of immigration rules, we are able to provide pragmatic advice and meet our clients’ needs. We have connections with the Home Office and other immigration authorities so we can advise you with confidence and ensure the entire immigration procedure runs smoothly and efficiently for you.
Working with a law firm can be a big decision, which is why we ensure that our clients are at the heart of everything we do. We are a highly driven team that is dedicated to providing clear and reliable immigration advice.
As a boutique law firm specialising in UK-inbound immigration, our experts understand the complexity and uncertainty that constantly shifting visa and residence policies create for entrepreneurs looking to invest and work here. Our lawyers can provide up-to-the-minute legal advice on how any changes will impact your application. We are pleased to be recognised as a leading law firm by the following independent bodies: The Times Best Law Firms 2024, Chambers & Partners 2024, Legal 500 2024 and Who'sWhoLegal 2024. These endorsements from the international legal directories demonstrate our integrity and success in dealing with difficult cases. We are also proud of our 5-star Google reviews from over 150 satisfied clients.
A successful application under the EU Settlement Scheme will result either in a grant of Pre-Settled Status, valid for 5 years but currently subject to an automatic 2-year extension (increasing to a 5-year extension) at the end of that time, or Settled Status which means there will be not limit on the time you can spend in the UK. If you apply for a Family Permit to join family in the UK, this will be valid for 6 months, and you will then need to apply to the EU Settlement Scheme from within the UK before the end of that period, and within 3 months of arriving in the UK.
Pre-Settled Status is currently subject to a 2-year extension which is increasing to a 5-year extension. This should be automatically applied to those who have not converted their status to Settled Status.
Yes, if you have been resident in the UK for 5 years with leave as an EEA or Swiss national, or the family member of one, then you may be able to apply for settlement. There are limits on the absences you can have had from the UK during this time – usually up to 180 days in any 12 month period – although there are some exceptions to this.
If your application is refused, this should be with the right of appeal. You will need to submit the appeal within 14 days of receiving the refusal if within the UK, or 28 days if you are overseas. If your application has been refused then contact our team to discuss your next options.
EU, EEA and Swiss nationals with leave under the EU Settlement Scheme can bring certain family members to the UK. This includes qualifying partners, children and in certain circumstances other relatives in the direct ascending and descending line.
Yes, you can switch to other visa routes from within the UK.
As the requirements for applying for pre-settled status or settled status under the EU Settlement Scheme are complex, to ensure success, you should seek specialist advice from an immigration solicitor before you proceed with an application. Latitude Law’s specialist lawyers can advise you about your individual requirements and ensure that your supporting documentation is compliant with the very latest immigration rules.
Get in touch with our legal team today on 0300 131 6767 or fill out our enquiry form and we will get straight back to you. Face your future knowing you have the dedicated support of one of our expert lawyers.
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