Eligibility for Family Members
The scheme also covers joining family members of EU, EEA, or Swiss citizens who were themselves resident in the UK by the December 31, 2020 deadline. To be eligible, the family relationship (e.g., spouse, civil partner, child) must have existed before this date and must continue to exist at the time of application.
The process for these joining family members involves:
-
Applying for a Family Permit to enter the UK.
-
Once in the UK, applying for Pre-Settled Status.
-
After residing in the UK continuously for five years on Pre-Settled Status, they can then apply for Settled Status.
Application Deadlines and Late Applications
The main application deadline was June 30, 2021, for those who were resident before December 31, 2020. Those who were not yet eligible for Settled Status could use this deadline to apply for Pre-Settled Status.
If you missed the deadline, you may still be able to apply late if you have reasonable grounds for doing so. The Home Office has issued updated guidance on what constitutes reasonable grounds, and these applications are considered on a case-by-case basis.
Special Cases and Exceptions
-
Swiss Nationals: There is a specific provision allowing Swiss nationals to bring a spouse or civil partner to the UK until December 31, 2025, provided the relationship began between December 31, 2020, and December 31, 2025.
-
Family Members of British Citizens: If you are a family member of a British citizen and you lived together in an EEA country, you had a separate deadline of March 29, 2022, to apply. Late applications in these circumstances may also be possible.
Important Note: If your current limited leave to remain (e.g., Pre-Settled Status) expires after June 30, 2021, you must apply for a further grant of leave before it expires. The Home Office regularly updates its guidance, so it is important to stay informed of any changes to the application process and deadlines.
Key Requirements for Settled Status
To qualify for Settled Status, you must:
-
Be an EU, EEA, or Swiss citizen, or a family member of one.
-
Have started living in the UK by December 31, 2020. (There are exceptions for joining family members who arrived later but have since completed a five-year residence period).
-
Successfully prove a continuous qualifying period of residence in the UK of at least five years.
What Settled Status Gives You
Settled Status grants you indefinite leave to remain in the UK. This means you can:
-
Stay in the UK indefinitely.
-
Work in any role, including as an employee or self-employed.
-
Study.
-
Access the National Health Service (NHS).
-
Travel in and out of the UK freely.
Absence Allowance: You can spend up to five years outside the UK (or four years for Swiss citizens) without automatically losing your Settled Status.
Proving Continuous Residence
To prove your five-year qualifying period, you must generally show that you were resident in the UK for at least six months out of every 12 over the five-year period.
Permitted Absences: You are allowed to be absent from the UK for a single period of up to 12 months for an "important reason," such as pregnancy, childbirth, serious illness, study, vocational training, or an overseas work posting. Absences for compulsory military service or as a Crown servant (or family member of one) are also permitted.
Who Should Apply Under This Scheme?
You should apply if you are:
-
An EU, EEA, or Swiss citizen who was resident in the UK before December 31, 2020.
-
A family member (spouse, civil partner, child, grandchild, dependent relative, or unmarried partner) of an EU, EEA, or Swiss citizen who was resident in the UK by that date.
-
An individual with derivative rights of residence, or a family member of a British citizen who was living in the EEA.
Who Does Not Need to Apply?
You are exempt from applying under the EU Settlement Scheme if you already hold:
-
Indefinite Leave to Remain in the UK.
-
Irish citizenship or British citizenship.
-
An exemption from immigration control.
Frontier Workers: Individuals who work in the UK but live elsewhere should apply for a Frontier Worker Permit instead of the EU Settlement Scheme.
The Application Process
-
Applying from Outside the UK: It is possible to apply from outside the UK if you meet the required evidence of entitlement.
-
Fees: There is no application fee and no requirement to pay the Immigration Health Charge.
-
Processing Time: The Home Office aims to process applications within approximately five working days, though this can sometimes take longer.
Refusals and Appeals
If your application is refused, you have the right to challenge the decision. You can either:
-
Appeal to the First-tier Tribunal (Immigration and Asylum Chamber), or
-
Request an administrative review of the Home Office's decision.
