What is UK Settled Status? Eligibility, Requirements and Application process

Following Brexit, which ended the EU freedom of movement, a new point-based immigration system was launched for EU citizens coming to the UK on or after 1 January 2021.  This meant that EU nationals who arrived in the UK after this date were excluded from the EUSS (EU Settlement Scheme) and instead are required to apply for a relevant UK visa to come to the UK.

However, to protect the immigration rights of EU nationals who started living in the UK by 31 December 2020, 11:00 PM (GMT) (the end of the Brexit transition period) and their family members, a new scheme called the EU Settlement Scheme was launched, offering two immigration statuses, namely settled status and pre-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 on or before 31 December 2020 and have completed 5 years of continuous residence in the UK. Successful applicants get Settled status in the form of ILR (indefinite leave to remain) - where the application is made outside the UK or ILR (indefinite leave to remain - where the application is made from inside the UK.

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

The deadline to apply for settled status under the EUSS (EU Settlement Scheme) was 30 June 2021, with limited scope for late applications.

What is Settled Status?

Settled status is an immigration status in the UK. Citizens of the EU, Norway, Iceland, Liechtenstein, and Switzerland who started residing in the UK on or before 31 December 2020, and their family members who want to live, study, and work in the UK indefinitely without any restrictions, can apply for this status. This is a special form of indefinite leave to remain or enter the UK, where the applicant has lived in the UK for at least 5 consecutive years without gaps. 

Anyone with settled status in the UK can get full access to healthcare and, where eligible, any public funds, including pensions and state benefits.

Settled status also leads to British Citizenship, provided one is eligible for it.

Please note that individuals who already hold ILR (Indefinite Leave to Remain) are generally not eligible to apply for EUSS - Settled Status. 

 Who is eligible?

A person from the EU, Norway, Iceland, Liechtenstein, or Switzerland who started residing in the UK on or before 31 December 2020 and wants to remain in the UK indefinitely can apply for EUSS - Settled Status, provided, on the date of application, they have completed 5 years of residence in the UK without gaps.

A family member of someone from the EU, Norway, Iceland, Liechtenstein, or Switzerland who started to live in the UK by 31 December 2020 or had a relationship established before 31 December 2020 and holds settled or pre-settled status can also apply for EUSS – Settled Status once they have resided in the UK for 5 consecutive years.

A person who applied for EUSS but has spent less than 5 years in the UK will be granted EUSS - Pre-settled status.

Pre-settled status holders will either be automatically moved to or can apply for EUSS - settled status once they have completed 5 years of stay in the UK without gaps.

Deadline to apply for EUSS - Settled Status

The deadline for most qualifying people to apply to the EUSS – Settled Status was 30 June 2021.

One can still apply if:

• The deadline for them to apply is after 30 June 2021; or

• They have ‘reasonable grounds’ due to which they are applying now, and not within the deadline or in the time since the deadline passed

What will they get?

A successful EUSS (EU Settlement Scheme) applicant will be given:

• Settled status (a special form of ILR (Indefinite Leave to Remain) – where a person applied from within the UK or ILE (Indefinite Leave to Enter) – where a person applied from overseas), usually where they have lived in the UK for a continuous 5-year period; or

• Pre-settled status - if the applicant is not eligible for settled status, which means they have spent less than 5 years in the UK on the date of application

Automatically upgrading to or applying for Settled Status

From January 2025, the qualifying citizens with pre-settled status are being automatically upgraded from EUSS – Pre-settled Status to EUSS – Settled Status by the Home Office once they meet the requirement for 5 years’ continuous residence in the UK. If they don’t meet the requirement for settled status, their pre-settled status may be extended by another 5 years.

A person with pre-settled status can also apply to convert to EUSS - Settled Status before they are automatically upgraded to settled status, provided they are eligible.

Getting a Settled Status before 5 years of continuous residence

A person from the EU, Norway, Iceland, Liechtenstein, or Switzerland may be eligible for settled status before they have 5 years’ continuous residence in the UK. This would be possible, for example, if that person either stopped working in the UK or started working in an EU country.

A person from the EU, Norway, Iceland, Liechtenstein, or Switzerland may be able to obtain EUSS - Settled Status before 5 years of continuous residence if they reach State Pension age or retire early in the UK.

An individual who was a family member of someone from the EU, Norway, Iceland, Liechtenstein, or Switzerland at the time they reached State Pension age or retired early in the UK may also be eligible for settled status.

Absence rule for converting pre-settled status to settled status

A qualifying individual may be eligible to convert their EUSS - Pre-settled Status to EUSS - Settled Status as long as they have not been outside the United Kingdom, the Channel Islands, or the Isle of Man for more than:

• 2.5 years or 30 months in the last 5 years or 60 months; or

• 6 months in any 12-month period within any 60-month period (there are some exceptions, though).

A person who is not moved to a settled status will be able to keep their pre-settled status. However, the Home Office could cancel it later if the person no longer meets the requirements.

When a person can be outside the UK for more than 6 months

There are certain absences of more than 6 months in a 12-month period that do not break an individual’s continuous residence in the UK. These are:

• One period abroad for up to 12 months for an important reason - for example, study, serious illness, childbirth, vocational training, an overseas work-related posting, or because of COVID-19 (Coronavirus)

• Compulsory military service of any length

• Time spent overseas in the armed forces or as a Crown servant, or as the family member of an individual in the armed forces or a Crown servant

• Working in the UK marine area

Losing Settled Status 

Someone’s settled status lapses if they have spent five consecutive years (or four consecutive years for Swiss citizens) outside the UK.

Such individuals usually need to apply for a UK visa to live and work here, even if their BRC (Biometric Residence Card) has not expired.

Applying for Settled Status

The deadline for most qualifying people to apply to the EUSS – Settled Status was 30 June 2021. One can still apply if the deadline for them to apply is after 30 June 2021, or they have ‘reasonable grounds’ due to which they are applying now, and not within the deadline or in the time since the deadline passed.

From January 2025, people with pre-settled status are automatically being moved to settled status. However, such people can still choose to apply manually.

A person choosing to apply manually can usually apply for the EUSS – Settled Status online using any device, for example, an Android device, or iPhone, or a laptop.

The applicant will be asked if they have lived in the UK for 5 or more years, or less than 5 years. Those who choose 5 years or more are applying for settled status.

If a person cannot use the online service, for example, because they don’t have or can’t get hold of their passport or national identity card, they can contact the EUSS team at UK Visas and Immigration (the ‘Resolution Centre’) to know how they can apply.

The resolution centre will usually send the applicant an application form. The applicant must send a completed application form along with any supporting documents to the Home Office by post to the address below.

EU Settlement Scheme

PO Box 2076

Liverpool

L69 3PG

The applicant must not send their form back by email unless the Resolution Centre tells them to do so.

Applying from outside the UK

A person from the EU, Norway, Iceland, Liechtenstein, or Switzerland can apply from outside the UK if they hold a valid passport or national identity card with a biometric chip.

A person from somewhere else can apply to the EUSS – Settled Status from outside the UK if they have a UK-issued BRC (Biometric Residence Card), which can be used for 18 months after the expiry date printed on the BRC.

There is no fee to apply to the scheme.

What will one need to apply?

A person from the EU, Norway, Iceland, Liechtenstein, or Switzerland who started residing in the UK by 31 December 2020 will need evidence to show their:

• Identity

A person from the EU, Norway, Iceland, Liechtenstein, or Switzerland needs a valid passport or national identity card, and also a digital photo of their face.

A person can either scan their document, such as a passport or national identity card, and upload their photo using the ‘EU Exit: ID Document Check’ app on an Android phone or an iPhone, or they can send their document through the post and upload their photo using the online application form. 

• Continuous residence in the UK and (unless a person is applying to join a family member) it started by 31 December 2020

A person applying to the EUSS- Settled Status will need to provide evidence of the number of years they have continuously resided in the UK. Those who have spent 5 years or more will get a settled status.

A person who arrived in the UK by 31 December 2020 can give their NI (National Insurance) number, which allows the Home Office to conduct an automated check of their residence on the basis of tax and certain benefit records. 

Those who arrived in the UK on or after 1 January 2021 will need to provide more evidence.

Applicants applying after 16 July 2025 only need to show that they have resided for 30 months out of the most recent 60 months to be eligible for settled status. 

• Other evidence required

If the deadline of 30 June 2021 did not apply, the applicant will need evidence to prove why. If the deadline did apply, or they had a later deadline and they failed to meet it, they will need to provide evidence of their reasonable grounds for the delay in applying.

A person aged 18 or over will be checked by the Home Office to ensure that they have not committed serious or repeated crimes, and they do not pose a security threat.