The EUSS allows nationals of the EU, Switzerland, Norway, Iceland or Liechtenstein to gain the right of residence in the UK if they started living in the UK before the end of the UK’s withdrawal from the European Union on 31 December 2020.
The scheme grants a Settled Status to those who had been living in the UK for at least 5 years and gives the status holders a right to permanently reside in the UK. After 12 months of continuous residence as a settled person in the UK, you will be eligible to apply for British Citizenship.
If the EUSS applicants had been living in the UK for less than 5 years, they can apply for a Pre-settled Status, which allows them to remain in the UK for 5 further years and gain full settlement in the UK.
The EUSS also grants the family members of the EU, Switzerland, Norway, Iceland or Liechtenstein a right to join their relative in the UK, who started living in the UK before 31 December 2020 and formed a relationship with their family member before this date. If the relationship continued at the date of application of the family member, they will first receive EUSS Family permit to enter the UK, and then will make an application for a Pre-Settled Status to remain living in the UK for 5 years, and until they gain full settlement in the UK.
If You Missed the Deadline
When the UK left the EU on 31 December 2021, there was a period of grace until 30 June 2021 to make an application under the EUSS to become settled or pre-settled in the UK. However, some applicants and members of their families may still be able to apply after the deadline if they can demonstrate that they had reasonable grounds for making a late application. The burden of proof of having a genuine reason for making a late application lies on the application and, generally, the more time passes from the deadline, the more compelling the reasons must be.
and
It is exceptionally important to include all required documentary evidence for a EUSS application not to get a refusal because of insufficient evidence provided. Every case is different, and depending on your particular circumstances, you may be required to provide additional evidence.
Below is a list of the most commonly required documents required to apply for the settlement. The evidence below will also be required when you switch from the pre-settled status to the settled status:
If your child is eligible, they will be required to apply on a separate application. To be eligible:
The following documents will be required to make a EUSS application for a child:
If you are not a national of the EU, Switzerland, Norway, Iceland or Liechtenstein, but a family member is, you may be able to apply for the EUSS, if:
You can apply for the EUSS from either inside or outside the UK if you can provide the required evidence of entitlement to make such an application. There is no fee for the application or the Immigration Health Surcharge.
You should get a decision on your EUSS application within 5 working days, however, it may take much longer, if any further information might be required. Since they have been delays in processing the applications beyond the published deadlines, we advise you to check any updates on current EUSS processing times.
You will get a decision letter by post informing you if your application under EUSS has been successful. This letter cannot be used to prove your settled or pre-settled status in the UK.
If you are not a national of the EU, Switzerland, Norway, Iceland or Liechtenstein and did not have a Biometric Residence Card (BRC), you will be sent one by post. The BRC cannot be used to travel abroad, and, if required, you will need to apply for a visa. However, your BRC and your passport will be required when you return to the UK. The BRC will only be valid until 31 December 2024, although your status will remain unaffected after this deadline. From 1 January 2025, all immigration status-related checks will be performed online only.
Once your application is successful, you will be given a “share code” to be used online (if you have a UKVI account) to view or prove your immigration status in the UK to someone else, update your details and check what rights you have in the UK.
If you require to prove your status under the EUSS to other persons, you will receive a share code so that they can view online your immigration status and rights. There is a designated online service for employers to check the right of prospective applicants to work in the UK. There is also a service for the landlords to check the prospective tenants’ right to rent in the UK.
If your application for EUSS has been refused, you will have a right to appeal to the First Tier Tribunal (Immigration and Asylum Chamber).
If you received a Pre-settled Status and believe you are eligible for a Settled Status, you may be able to apply for Administrative Review (if a mistake was made by the decision maker when deciding on your application).
Our solicitors can assist you with challenging your decision made under the EUSS as it can be a complex immigration matter requiring specialist legal support, advice and representation.
Get in touch with our team today and one of our solicitors will contact you to discuss your application support requirements.
I want to thank Sabina Masimova for all her help with my asylum case in the UK …
Very professional! Amazing Help! Only positive feelings left from working …
I want to thank Sabina Masimova for all her help with my asylum case in the UK …
I want to thank Sabina Masimova for all her help with my asylum case in the UK …
Speak to our team of expert lawyers
