EU Settlement Scheme and Exiting the European Union - Brexit

The deadline has now passed but late applications are being accepted.

By the end of April 2022, over 6.59 million applications have been made to the EU Settlement Scheme (EUSS) by EU, EEA and Swiss citizens and their family members, who were resident in the UK by 31 December 2020, of which 543,100 were received after the 30 June 2021 deadline.

More than 6.32 million applications have been concluded of which 883,100 were concluded after 30 June 2021.

By 30 April 2022, 3.2 million (51% of concluded applications) were granted settled status and 2.6 million (41%) were granted pre-settled status, totalling over 5.8 million grants of status.

Of the remaining applications, 125,300 (2%) received were withdrawn or void, 120,400 (2%) were invalid and 268,700 (4%) were refused.

The deadline for EUSS applications for those resident in the UK by the end of the transition period on 31 December 2020 has now passed. However, eligible EU, EEA, Swiss citizens and their family members who did not apply by 30 June 2021 can make a late application where there are reasonable grounds to do so at www.gov.uk/eusettlementscheme.

There is no deadline for applications from eligible persons joining family members, who can join those with EUSS status at any point, provided they apply to the EUSS within 3 months of their arrival in the UK. Further information for joining family members is available here on GOV.UK.

Switching from EUSS pre-settled status to settled status

Individuals with pre-settled status can apply to switch to settled status as soon as they are eligible. This is usually after they have lived in the UK, the Channel Islands or the Isle of Man for five years in a row (known as 'continuous residence'). Note that it is the length of their continuous residence, and not the time elapsed since the grant of pre-settled status, which makes someone eligible for settled status.

To ensure they maintain their status in the UK, they need to apply for settled status or an extension of pre-settled status before their pre-settled status expires.

For further information, please refer to www.gov.uk/settled-status-eu-citizens-families/switch-from-presettled-status-to-settled-status..

Key points to remember about the EU Settlement Scheme

Support is still available to those who need help to make a late application to the scheme. Please help us reach these people by sharing the following link www.gov.uk/help-eu-settlement-scheme

There remains scope for a person eligible for status under the EUSS to make a late application to the scheme where there are reasonable grounds for the delay in making an application. There is published non-exhaustive guidance on reasonable grounds for missing the deadline on GOV.UK.

Eligible EU, EEA and Swiss citizens and their family members who make a valid late EUSS application will have their rights in the UK temporarily protected until they receive an outcome of their EUSS application and of any administrative review or appeal. More information can be found on GOV.UK.

Applicants who have made a valid application will be issued with a Certificate of Application, which can be relied on to evidence their rights in the UK. Certificates of application are available to applicants by signing into the view and prove service at www.gov.uk/view-prove-immigration-status. Those who submitted a paper application will have a certificate of application sent to them by post.

Information on entering the UK under the EU Settlement Scheme is available here.

Eligible close family members living overseas as of 31 December 2020 can apply to join an EU, EEA or Swiss family member who started living in the UK by then. They should apply to the EUSS from outside the UK (where they are eligible to do so) or they should apply for an EUSS family permit to come to the UK to make their EUSS application. There is no cut-off date for them to come to the UK. They can join such a family member with pre-settled or settled status at any point, although if they have not already done so they need to make an EUSS application within 3 months of their arrival in the UK if they wish to stay here. More information on joining family members can be found on GOV.UK.

An application must be made for every eligible child within a family. Parents should check if they need to make a late application on behalf of their children, even if they have already applied to the EUSS and been granted a status themselves.

Landlords and employers can use the Home Office view and prove service to confirm protected rights for an individual where they have a digital status. If the individual has a physical certificate of application, landlords and employers can call the government's checking services to confirm the individual's right to rent or work. Landlords and employers can find more information on GOV.UK.

Update UKVI Account

As people may increasingly be considering international travel, it is important for individuals with status under the EUSS to update their UKVI account with all valid identity documents (such as passports or national identity cards) they hold and intend to use for travel. If contact details have changed or a new identity document obtained since being granted EUSS status, they should also update their UKVI account with this information. This can help avoid any unnecessary delays at the UK border, and can be done online by going to www.gov.uk/view-prove-immigration-status

International Travel

Non-EEA nationals who hold EUSS status and are a visa national (that is, they are a national of a country which would mean they would normally require a visa to visit the UK) should always take their valid biometric residence card (BRC) with them when they travel internationally and present it at the UK border to prevent delays. This will also significantly reduce the risk of them being wrongly refused travel to the UK on the basis of their immigration status.

Citizens of countries which would normally require a visa to visit the UK (see a full list of countries here) are usually required by carriers to produce a valid visa or visa exemption document, such as a BRC, EUSS family permit or EUSS travel permit, to travel to the UK.

If their BRC has expired, or been lost or stolen, they should apply for a replacement on GOV.UK while they are in the UK and ensure they have it with them when they travel. Anyone with EUSS status whose BRC expires, or is lost or stolen, whilst they are abroad should apply for a free EUSS travel permit at www.gov.uk/euss-travel-permit in order to return to the UK. Once back in the UK, they can apply for a replacement BRC.

When travelling to or from the UK we recommend that those who have been granted status through the EUSS use the same document to travel as they used to apply to the scheme. If travelling on a different document, they should update their UKVI account to add that document in good time before they travel.

They can do this by either using the 'Update your UK Visas and Immigration account details' service at www.gov.uk/update-uk-visas-immigration-account-details or by signing-in and using the 'update details' function of the View and Prove service at www.gov.uk/view-prove-immigration-status.

For example, if someone used their passport to apply to the scheme and plans to travel using their national identity card, they should ensure that both documents are registered to their UKVI account. If they do not receive confirmation that the document has been successfully added to their UKVI account before they travel, they should, wherever possible, take both documents with them to avoid unnecessary delays at the border.

Changes to UK law following the UK's departure from the EU mean that most EU, EEA and Swiss citizens can now only enter the UK using a valid passport. This does not apply to EU, EEA and Swiss citizens with status under the EUSS, or who otherwise have protected rights under the Citizens' Rights Agreements. More information can be found at www.gov.uk/uk-border-control/before-you-leave-for-the-uk.

Help with your application.

A range of support is still available to those who need help to apply after the deadline. If you or anyone you know needs help with an application, please either go to www.gov.uk/help-eu-settlement-scheme or contact the Settlement Resolution Centre on 0300 123 7379 or from outside the UK +44 (0) 203 080 0010. Alternatively, you can ask a question in writing by email.

Two other organisations that will assist EU citizens applying to the EU Settlement Scheme are Citizens Advice Scotland and the EU Citizens' Rights Project.

UK and Scottish Governments and South Ayrshire Council have produced the following useful guidance about the UK leaving the EU that will help people and businesses:

There are also a number of other useful links with Brexit information, advice and guidance.