EU Settlement Scheme (EUSS)

Key points at a glance 

1. At Reeds Solicitors LLP, our Immigration Law team can advise and represent you regarding your EU Settlement Scheme application, including late applications and appeals against refusals.
2. We can assess your eligibility, help you gather the right evidence of residence, and manage your application or challenge a decision on your behalf. 
3. Our Immigration Solicitors are ranked highly in the Legal 500 2026 and Chambers and Partners 2026. 

The EU Settlement Scheme (EUSS) was set up to protect the rights of EU, EEA, and Swiss citizens, and their family members, who were living in the UK before free movement ended following Brexit. It allows those who qualify to remain in the UK with either settled status or pre-settled status, protecting their right to live, work, study, and access services here. 

The main application deadline for most people passed on 30th June 2021, and it is easy to assume that the scheme is now closed. That is not the case. The Home Office continues to accept late applications where there are reasonable grounds for missing the deadline, and there are ongoing situations, such as family members joining someone already in the UK, where new deadlines apply. If you have not yet applied, or if your status needs to be upgraded or corrected, it’s important to get advice on where you stand.

Who is eligible for the EU Settlement Scheme? 

You are eligible to apply if you are an EU, EEA, or Swiss citizen (or, in some cases, certain family members of an EU, EEA, or Swiss citizen) who was resident in the UK by 31st December 2020, the end of the Brexit transition period. Family members can include a spouse or civil partner, an unmarried partner in a durable relationship, a child or grandchild under 21, a dependent child or grandchild over 21, and a dependent parent or grandparent. 

Certain family members may still be able to apply under the EU Settlement Scheme after 31 December 2020, provided the relevant relationship existed before the end of the Brexit transition period (subject to specific exceptions, such as children born later). The applicable deadlines and eligibility requirements can be complex, so it is important to obtain advice based on your individual circumstances. In that situation, the deadline to apply is based on 90 days from the date they first arrived in the UK after 31st December 2020, or when their existing permission to be in the UK expires, whichever is later.  

 For example:  

If you enter the UK on 1st March 2026 with a family permit valid until 1st September 2026, your 90-day arrival mark falls on 30th May 2026; however, your final deadline to apply to the EU Settlement Scheme is 1st September 2026 because the rules state you can use whichever date is later. 

Irish citizens do not need to apply to the EUSS, since their right to live in the UK is protected separately under the Common Travel Area arrangements, though they can apply if they wish, for example to secure status for a non-Irish family member. 

Settled status and pre-settled status 

The status you are granted depends on how long you have lived continuously in the UK. If you have five years of continuous residence in the UK you will normally be granted settled status. This gives you the right to live in the UK permanently, with no time limit, and is broadly equivalent to Indefinite Leave to Remain. 

Continuous residence can be broken by lengthy absences from the UK. While many absences of up to six months in any 12-month period are permitted, there are exceptions and special provisions for certain circumstances. If you have spent significant periods outside the UK, it’s important to assess whether your residence remains continuous before making an application. 

If you have not yet reached five years of continuous residence, you will normally be granted pre-settled status instead. This allows you to live and work in the UK, but you need to apply again to upgrade to settled status once you reach the five-year threshold. There is no fee for either application. 

The Home Office has introduced automatic extensions to pre-settled status for those who have not yet applied to upgrade, to reduce the risk of people losing their status through an administrative oversight. Even with this safeguard, it remains important to apply to upgrade to settled status once you are eligible, since settled status offers stronger long-term protection and is the basis for eventually applying for British citizenship. 

Late applications 

The main deadline for most applicants was 30th June 2021. If you missed this deadline, you can still apply late if you have reasonable grounds for doing so. The Home Office takes a broad approach to what counts as a reasonable ground, and published guidance gives examples including a lack of awareness of the need to apply (particularly for children whose parents did not apply on their behalf), a serious medical condition or medical treatment, and being a victim of modern slavery or domestic abuse at the relevant time. 

There is no fixed deadline for late applications and the Home Office continues to accept and decide them. However, waiting to apply carries real risk; without EUSS status, an individual has no other lawful basis to remain in the UK, and evidence of residence from several years ago can become harder to obtain the longer it is left. 

Evidence of UK residence 

Most EU Settlement Scheme applications depend on demonstrating residence in the UK during the relevant qualifying period. Evidence can include HMRC records, employment records, tenancy agreements, utility bills, bank statements, GP records, school records and other official documentation. The Home Office is often able to carry out automated residence checks, but additional evidence may still be required in some cases.