Almost 52% British voters opted to leave the EU (European Union) in a UK-wide referendum held on 23 June 2016. Subsequently, the United Kingdom officially withdrew from the EU on 31 January 2020. This is known as Brexit (British Exit). Following Brexit on 31 January 2020, the UK went through a Transition Period for the rest of 2020. During this period, travel, trade, and freedom of movement remained largely unchanged.

In other words, Brexit, which officially took place at 11 PM Greenwich Mean Time on 31 January 2020, was the official and technical departure of the UK from the EU (European Union). Brexit ended the free movement of people from the EU to the UK. The free movement of people between the EU and the UK ended on 1 January 2021, with the conclusion of the transitional period outlined in the withdrawal agreement signed in January 2020. Leaving the EU in 2016 allowed the UK to implement a points-based system that treats EU citizens and non-EU citizens equally. 

However, the residence status for EU citizens who moved to the United Kingdom before 01 January 2021 is protected under UK immigration law. The residence rights of their existing as well as some former family members, and children are also protected. 

In response to Brexit, the Home Office introduced the EUSS (EU Settlement Scheme) in 2019, under the new Appendix EU of the UK’s immigration rules.

What is Appendix EU?

Appendix EU to the UK immigration rules was first laid before Parliament on 20 July 2018 (CM 9675). It was later substituted by the statement of changes laid before Parliament on 22nd October 2020 (HC 813) and amended by the statement of changes laid before Parliament on 4th March 2021 (HC 1248).

The Appendix EU is a part of the UK Immigration Rules. It sets out the basis upon which an EEA citizen and their family members (spouse, child, etc), and the family members of a qualifying British citizen, will be granted ILE (Indefinite Leave to Enter) or ILR (Indefinite Leave to Remain) or limited leave to enter or remain after 30 June 2021, if they apply under this Appendix.

Requirements for Status under the Appendix EU

The applicant will be granted ILE - where the application is made outside the UK, or ILR - where the application is made within the UK, where:

• They have made a valid application 

• They meet the eligibility requirements for ILE or ILR; and

• They are not to be refused on suitability grounds

The applicant applying as a joining family member (spouse, child, etc) of a relevant sponsor will be granted ILE - where the application is made outside the UK or ILR - where the application is made within the UK; where:

• They have made a valid application;

• They meet the eligibility requirements for ILE or ILR; and

• They are not to be refused on suitability grounds 

The applicant will be granted 5 years' limited leave to enter status (where the application has been made outside the UK) or 5 years' limited leave to remain status (where the application has been made within the UK), where:

• They have made a valid application; 

• They do not meet the eligibility criteria for ILE or ILR status in accordance with paragraph EU11 or EU12, but meet the eligibility criteria for limited leave to enter or remain status in accordance with paragraph EU14; and 

• They are not to be refused on suitability grounds.

The applicant applying as a joining family member (spouse, child, etc) of a relevant sponsor will be granted limited leave to enter status (where the application is made outside the UK) or limited leave to remain status (where the application is made within the UK) for 5 years, where:

• They have made a valid application; 

• They do not meet the eligibility criteria for ILE or ILR status in accordance with paragraph EU11A, but meet the eligibility criteria for limited leave to enter or remain status in accordance with paragraph EU14A; and 

• They are not to be refused on suitability grounds in accordance with paragraph EU15 or EU16.

Validity Requirement 

 A valid application has been made under Appendix EU, where:

1. The application has been made using the required application process. 

2. The applicant has provided the required evidence of nationality and identity where they have applied from within the UK; 

3. The applicant has provided the required proof of entitlement to make an application from outside the UK, where they have applied from outside the UK

4. The applicant has provided the required biometrics

5. The applicant has applied by the required date, where the application date is on or after 9 August 2023; and

6. The applicant, if relying on being a joining family member (spouse, child, etc) of a relevant sponsor and where the application date is on or after 9 August 2023, is not a specified enforcement case.

What is the EU Settlement Scheme?

Appendix EU governs the EUSS (EU Settlement Scheme). It sets out the provisions for the EUSS, which provides a legal route to the EEA and Swiss citizens, and their family members, to secure their rights in the UK after the UK's departure from the EU. Appendix EU outlines the eligibility criteria, for example, living in the UK for a certain period, to obtain pre-settled or settled status in the UK.

The EUSS (EU Settlement Scheme) gives a basis that is consistent with the Withdrawal Agreement with the EU, and with the citizens’ rights agreements reached with the other EEA (European Economic Area) countries (Norway, Iceland, and Liechtenstein) and Switzerland, for citizens of EEA and Switzerland residing in the United Kingdom by 31 December 2020, and their family members, to apply for the immigration status (settled status - a special form of Indefinite Leave to Enter or Remain or pre-settled status - a special form of Limited Leave to Enter or Remain) to remain here after 30 June 2021. Those agreements now have effect in UK law through the EU (Withdrawal) Act 2018, later amended by the European Union (Withdrawal Agreement) Act 2020.

Pre-settled Status

• A 5-year limited leave, also referred to as ‘pre-settled status’, is an immigration status granted under the EU Settlement Scheme. Successful applicants get pre-settled status as 5 years’ LTE (limited leave to enter) (where the application is made outside the UK) or 5 years’ LTR (limited leave to remain) (where the application is made within the UK).

• It allows you to live and work in the UK for five years, and pre-settled status serves as a pathway to settled status in the UK once you have lived in the UK for five years in a row.

Settled Status

• Settled status is a special form of indefinite leave granted under the EUSS to the citizens of the EU, Norway, Iceland, Liechtenstein, or Switzerland, as well as their eligible family members, who were living in the UK before 31 December 2020. Successful applicants get Settled status in the form of ILE (indefinite leave to enter) (where the application is made outside the UK) or ILR (indefinite leave to remain) (where the application is made within the UK).

• Individuals with settled status can live and work in the UK permanently, and access healthcare, education, and benefits.

Eligible Family Members of a Relevant EU, EEA, and Swiss Citizens

Family members of someone from the EU, Norway, Iceland, Liechtenstein, or Switzerland who can apply for EUSS normally include:

• Spouse, 

• Civil partner, 

• Durable (long-term) partner, 

• Dependent child, or 

• Dependent parent

Durable Partner of the EU National

A durable partner is someone who is in a committed relationship akin to marriage with a relevant EU/EEA national, who is not married to or in a civil partnership. To qualify, the unmarried partners must typically show that they have lived together for at least two years in a relationship akin to marriage, unless there is other significant evidence of their durable relationship.

Retained Right of Residence EUSS

Under the EU Settlement Scheme, a Retained Right of Residence is a right to remain in the UK that a person holds even if they no longer fulfil the original requirements for having it, often due to a specific event such as the permanent departure or death of their family member who held the right. 

This right allows individuals who have lost their primary sponsor to stay in the UK without needing to secure a new status under the EUSS, provided they meet certain conditions for proving the right was retained.