The EU Settlement Scheme (EUSS) is designed to secure the immigration status of EU, EEA, and Swiss citizens living in the UK, enabling them to continue residing, working, and studying post-Brexit. Understanding this scheme, including recent rule changes and eligibility updates, is crucial to ensuring you maintain your rights in the UK.
This comprehensive guide provides clear, up-to-date information on all aspects of the EU Settlement Scheme as it applies in 2025. It explains recent policy changes, eligibility criteria, the step-by-step application process, key deadlines, digital immigration status, and how to transition from settled status to British citizenship. You’ll also find a practical FAQ section addressing common concerns, along with useful resources and a glossary to clarify key terms.
Section A: What is the EU Settlement Scheme?
The EU Settlement Scheme (EUSS) is a programme introduced by the UK government following Brexit to enable EU, EEA and Swiss citizens, along with their family members, to formalise their residence and immigration status in the UK. Established to protect the rights of those citizens who moved to the UK under EU free movement provisions, the scheme grants eligible individuals a secure, digital immigration status. Depending on the length of their residence in the UK, successful applicants receive either pre-settled or settled status.
1. Pre-Settled Status
Pre-settled status is a temporary immigration status granted to applicants who have lived in the UK for less than five continuous years at the point of applying under the EU Settlement Scheme. Pre-settled status enables individuals to remain in the UK legally while accruing the necessary residence period to qualify for indefinite leave to remain. Those with pre-settled status retain the right to live, work, access healthcare and education and travel in and out of the UK.
In response to a High‑Court ruling, the Home Office now automatically extends pre‑settled status by five years before it expires and converts eligible holders to settled status without a new application. Employers and landlords no longer see expiry dates when checking a share code, so there is no need for repeat right‑to‑work or right‑to‑rent checks
2. Settled Status
Settled status, equivalent to indefinite leave to remain (ILR), is granted to EU, EEA and Swiss nationals and their family members who have already completed at least five continuous years of residence in the UK. Holders of settled status can remain in the UK indefinitely without immigration restrictions. They have full access to employment, healthcare, social benefits, education and public services equivalent to those available to British citizens. Settled status holders can leave the UK for up to five consecutive years without losing their immigration status. After holding settled status for at least 12 months, eligible individuals can apply for British citizenship, subject to additional standard requirements.
3. Summary
The EU Settlement Scheme ensures that EU, EEA and Swiss nationals who made the UK their home before Brexit can continue living in the UK securely, with clearly defined digital immigration status, rights and protections. Recent changes enhance flexibility for pre-settled status holders, providing automatic extensions and simplifying the pathway to indefinite leave to remain.
Section B: Who Needs to Apply?
Determining who needs to apply to the EU Settlement Scheme (EUSS) involves assessing an individual’s nationality, current immigration status and their relationship to an eligible person. While most EU, EEA and Swiss citizens resident in the UK by the relevant deadlines are required to apply, specific exemptions apply to certain categories, including family members and those with unique immigration statuses.
1. EU, EEA and Swiss Citizens
EU, EEA and Swiss citizens who were living in the UK by 31 December 2020 must apply under the EU Settlement Scheme to maintain their lawful immigration status. Even individuals with long UK residence, holders of Permanent Residence (PR) cards issued under previous EU regulations or those possessing other immigration documentation must apply under the EUSS to secure their rights officially. Irish citizens are generally exempt due to separate arrangements under the Common Travel Area between the UK and Ireland, although they may voluntarily apply if desired.
2. Family Members and Dependants
Family members and dependants of eligible EU, EEA and Swiss nationals typically must apply under the scheme to secure their immigration rights. Eligible family members include spouses, civil partners, unmarried partners in durable relationships, children under the age of 21 and dependent parents or grandparents. Family members arriving in the UK after 31 December 2020 may still qualify, provided their relationship existed before this cut-off date. Usually, they must apply within 90 days of arrival in the UK or expiry of their existing immigration permission.
3. Exemptions and Special Categories
Certain individuals are exempt from applying or fall under special rules. Irish citizens, as noted, have automatic residence rights due to the Common Travel Area and need not apply, although they can choose to do so voluntarily. Individuals holding indefinite leave to remain (ILR) or indefinite leave to enter (ILE) granted outside of the EUSS also do not need to apply but may wish to access specific EUSS rights. Additionally, frontier workers—those regularly commuting to work in the UK while residing in the EU—fall under the separate Frontier Worker Permit scheme and are not required to apply under standard EUSS rules.
4. Summary
Although the EU Settlement Scheme broadly covers most EU, EEA and Swiss citizens and their family members, important exceptions and special provisions exist. Applicants should carefully evaluate their circumstances against these eligibility criteria and exemptions to ensure compliance and secure their residency rights.
Section C: Latest Changes to the EU Settlement Scheme (2025)
Recent announcements and changes to the EU Settlement Scheme (EUSS) introduced automated processes and adjustments to residence rules, significantly affecting how pre-settled and settled statuses are managed.
1. Recent Policy Announcements
Recent changes follow a High Court judgement in late 2022, prompted by the Independent Monitoring Authority, ruling that pre‑settled status should not expire automatically if an individual fails to apply for settled status after five years. In response, the Home Office announced in early 2025 that eligible individuals will automatically convert to settled status once continuous residence conditions are satisfied. The first automated conversions began in late January 2025.
The Home Office now automatically extends pre‑settled status before it expires, issuing five-year extensions rather than the previous two-year periods. Status holders approaching expiry receive email notifications and retain full residency rights as their extension takes effect automatically.
2. Extension Rules for Pre‑Settled Status
Pre‑settled status holders who have not yet qualified for settled status automatically receive a five-year extension before their existing status expires. The Home Office monitors continuous residence and may withhold automatic extensions if the individual no longer meets eligibility criteria. To reduce confusion and prevent unlawful discrimination, employers and landlords using UKVI share codes no longer see expiry dates for pre-settled status.
3. Continuous Residence Rule Updates
New rules effective from 16 July 2025 introduced an alternative threshold for continuous residence eligibility, meaning there are now two ways to meet continuous residence: (1) the existing rule (no more than 6 months absence in any 12‑month rolling period, with exceptions), or (2) being physically present in the UK for 30 months within the last 60 months, regardless of longer absences within any single year, provided the 5‑year qualifying period is met
4. Impact of Digital Status Changes
The planned transition to a digital e‑Visa system was delayed, and the Home Office extended the grace period for using expired BRPs and EUSS biometric residence cards until 1 June 2025. People holding an expired BRP or EUSS BRC (dated 31 December 2024 or later) could continue to use it for international travel until 1 June 2025, but from 2 June 2025 these documents are no longer valid evidence of status
All status holders must regularly update their UK Visas and Immigration online account with their current passport or national ID details, as well as email and contact information, to ensure receipt of important notifications about automatic status extensions or conversions.
5. Summary
In 2025, the EU Settlement Scheme shifted towards automation and greater flexibility. Most pre‑settled status holders now benefit from automatic, longer extensions, while eligible individuals no longer need to apply manually to convert to settled status. Updated continuous residence criteria provide alternative eligibility routes for those with disrupted residency patterns. Despite delays, the phased transition to digital status aims to streamline the journey from pre‑settled to settled status, aligning the scheme more closely with real-world residency scenarios.
Section D: Eligibility Criteria & Requirements
Eligibility for the EU Settlement Scheme (EUSS) rests on three core components: identification and nationality verification, proof of continuous residence in the UK, and a suitability assessment, including criminality screening. Each element must be satisfied before pre‑settled or settled status can be granted.
1. Evidence of Identity and Nationality
Applicants must verify their identity and nationality using a valid passport or national identity card issued by an EU, EEA or Swiss country. Non‑EU family members may alternatively use certain biometric residence permits previously issued under EEA Regulations. The official mobile application “EU Exit: ID Document Check” enables many applicants to verify their identity digitally. If electronic verification is not possible, applicants can submit their documents by post or through an appointment at a Sopra Steria UKVCAS centre to provide biometric details. In exceptional cases where standard documentation cannot be provided due to compelling compassionate or practical reasons, the Home Office may carefully consider alternative evidence on a case-by-case basis.
2. Continuous Residence Requirements
Applicants must prove their residence in the UK began before 31 December 2020. Typically, automated checks using National Insurance numbers verify residence through records held by HM Revenue & Customs (HMRC) and the Department for Work & Pensions (DWP). While many applicants pass these checks without additional evidence, those with gaps or incomplete records must provide supplementary documents such as payslips, council tax bills, rental agreements, NHS records or educational documents to demonstrate continuous residence. Continuous residence of at least five years qualifies applicants for settled status, while those with fewer than five years may receive pre-settled status.
3. Criminality Checks and Suitability Assessment
All applicants aged 10 or over undergo a suitability assessment, including checks of criminal conviction records. The Home Office searches domestic databases (Police National Computer and Warnings Index), and international criminal record checks may be performed with senior caseworker approval.
Applicants aged over 18 must disclose any convictions, pending charges or prosecutions in the UK or abroad. Spent convictions, cautions or warnings generally do not need disclosure.
Minor or historic offences typically do not result in refusal; however, convictions resulting in custodial sentences within the past five years or any imprisonment exceeding 12 months will trigger a detailed assessment.
Multiple minor convictions in a short timeframe (such as three or more within three years) may also prompt scrutiny unless the applicant has lived in the UK continuously for at least five years.
If a Home Office caseworker finds the applicant unsuitable, they may refuse the application or initiate deportation proceedings. Applicants have the right to appeal or submit representations if refused.
4. Summary
Applicants must provide valid documentation confirming identity, nationality and residence. Automated residence checks simplify the process for many applicants, but additional documentation may be required for others. Eligibility for settled or pre-settled status depends on length and continuity of UK residence. Criminality and suitability assessments ensure status is granted appropriately, based on a thorough review of an applicant’s personal and criminal history.
Section E: EUSS Deadlines and Late Applications
Eligibility under the EU Settlement Scheme (EUSS) hinges primarily on the original application deadline of 30 June 2021, although some specific immigration statuses or exemption periods carry later deadlines. Applicants who miss the applicable deadlines must demonstrate reasonable grounds for the delay or risk having their application treated as invalid.
1. Application Deadlines
Most EU, EEA and Swiss citizens residing in the UK by 31 December 2020 had to submit applications by 30 June 2021 to secure pre‑settled or settled status. Family members joining after this date typically have a three‑month period to apply, starting from their arrival in the UK or the expiry of their previous immigration permission. Certain immigration statuses or exemptions may also come with specific application windows of 90 days.
2. Reasonable Grounds for Late Applications
Since 9 August 2023, the Home Office has adopted stricter criteria when considering late applications. Applicants must clearly demonstrate why the original deadline was missed and why they did not apply sooner. Accepted reasons include medical incapacity, significant ongoing care needs, abusive or controlling relationships, lack of mental or physical capacity or genuine lack of awareness of the requirement to apply due to reliance on an outdated EEA residence document. Applicants with substantial continuous residence in the UK or a strong immigration compliance history may see these factors considered positively.
Simple lack of awareness about the scheme, language barriers, limited computer literacy or general COVID-related disruptions are unlikely to qualify unless directly linked to the inability to apply.
3. Consequences of Missing Deadlines
Late applications submitted without valid reasons are treated as invalid, meaning the Home Office does not assess eligibility under Appendix EU. Consequently, no appeal or administrative review is available. The only remaining option for challenging such a decision may be through judicial review, a complicated and costly legal process. Invalidated applicants also lose access to a Certificate of Application (CoA), which would otherwise confirm their right to work, rent accommodation and access certain services during the decision-making period.
High-profile cases involving long-term residents whose late applications were initially rejected have highlighted concerns around potential disproportionate impacts on vulnerable individuals. The evolving policy continues to reflect tension between strictly enforced deadlines and protecting citizens’ rights under the Withdrawal Agreement.
4. Summary
The primary EUSS deadline of 30 June 2021 remains central for most initial applications, while specific deadlines apply to particular categories such as family members. Late applications can be accepted if compelling and clearly documented reasons exist. Without valid reasons, applications become invalid, leading to significant loss of rights and protection. Applicants must therefore prioritise timely submissions and thoroughly justify any delays to avoid severe immigration consequences.
Section F: Rights and Responsibilities with Settled Status
Settled status under the EU Settlement Scheme grants individuals indefinite leave to remain (ILR) in the UK, providing extensive entitlements and clear obligations. Understanding these rights and responsibilities, particularly concerning residence, work and absence limits, helps ensure compliance and protects status.
1. Residence, Work and Healthcare Rights
Settled status holders can live permanently in the UK with unrestricted rights to work, rent accommodation, access public funds and receive NHS healthcare. NHS entitlement covers primary medical care such as GP visits, emergency treatment and all secondary and tertiary healthcare services. In England, settled status holders must demonstrate their right to rent digitally to landlords via UKVI share codes. In Wales, Scotland and Northern Ireland, landlords are not required to perform explicit immigration status checks. Holders of settled status generally have automatic “right to reside” status, facilitating straightforward access to social benefits, provided other eligibility criteria are satisfied.
2. Travel and Absence from the UK
Leaving the UK temporarily does not jeopardise settled status as long as absences remain under five continuous years. Re-entering the UK resets this five-year absence allowance; spending even a single day in the country restarts the clock. Swiss citizens and their families, however, face a shorter allowable absence period of four consecutive years.
Holders of pre‑settled status have historically faced tighter restrictions. Previously, pre‑settled status would lapse after two consecutive years abroad, but rules effective from 21 May 2024 permit absences of up to five consecutive years before the status is lost( four years for Swiss citizens). Note however this rule is not retrospective; anyone whose absence reached two years before 21 May 2024 still lost their status.
3. Loss of Status: The Five‑Year Absence Rule
Settled status automatically lapses if the individual spends more than five consecutive years outside the UK, Channel Islands or Isle of Man. Once settled status has lapsed due to excessive absence, individuals must apply for a returning resident visa to regain entry clearance. The Home Office issues detailed guidance for assessing whether previous indefinite leave to remain has expired due to prolonged absences.
4. Summary
Settled status confers permanent residency in the UK, offering full employment rights, healthcare access, public benefits eligibility and secure rental rights. Individuals can safely travel abroad for periods of up to five years—or four years for Swiss citizens—without losing their settled status. Recent policy adjustments also allow pre‑settled status holders extended absences of up to five years, although this may impact eligibility for settled status later. Loss of settled status typically requires extended absence from the UK and can result in the need for a returning resident visa upon re-entry.
Section G: Citizenship and Settled Status
Applying for British citizenship after obtaining settled status involves meeting multiple conditions including residency, good character and English language requirements. Eligibility primarily hinges on holding settled status for at least 12 months, meeting residency criteria, demonstrating good character and passing tests on English language proficiency and British life.
1. Applying for British Citizenship After Settled Status
Holders of settled status become eligible to apply for British citizenship after maintaining their status for at least 12 months. This waiting period can be waived for individuals who are married to or in a civil partnership with a British citizen, allowing them to apply immediately after receiving settled status.
Applicants must satisfy the Home Office’s good character requirement, pass the Life in the UK test and provide evidence of their English language proficiency. Proof of language ability is generally demonstrated by passing an approved Secure English Language Test (SELT) at B1 level or above, or by holding a recognised degree taught entirely in English.
Updated ‘good character’ guidance from 10 February 2025 states that applicants for British citizenship who entered the UK illegally or made a “dangerous journey” (for example, arriving by small boat) will normally be refused citizenship regardless of how long they have lived in the UK.
2. Residence and Eligibility Criteria
The standard citizenship route requires five years of lawful UK residence prior to application. Within this five-year period, applicants should not have spent more than 450 days outside the UK, with no more than 90 days abroad in the final 12 months before submitting their application. Applicants must also have been physically present in the UK exactly five years prior to the date their application reaches the Home Office, although limited discretion may apply in special circumstances.
For those married to or in a civil partnership with a British citizen, the residence requirement is reduced to three years. Under this shorter route, applicants must have spent no more than 270 days outside the UK in total during those three years, with no more than 90 days abroad in the final 12 months. Similarly, physical presence exactly three years before the Home Office receives the application is mandatory unless exceptional circumstances apply.
To qualify, applicants must also hold settled status for at least 12 months (or immediately if married or in a civil partnership with a British citizen), meaning they have no immigration restrictions limiting their stay.
3. Summary
Settled status holders can apply for British citizenship after 12 months if they satisfy residence, character and English-language criteria and successfully complete the Life in the UK test. Spouses and civil partners of British citizens have a faster route to citizenship. Absence limits are strict, but discretionary exceptions exist. Recent policy changes have intensified scrutiny under the good character requirement and indicate possible future changes to residence duration rules for citizenship eligibility.
Section H: Summary
The EU Settlement Scheme remains central to protecting the rights of EU, EEA and Swiss citizens living in the UK after Brexit. Recent updates introduced automatic extensions and alternative residence rules, simplifying the transition from pre‑settled to settled status. Applicants must still clearly demonstrate identity, continuous residence and suitability to succeed. Those securing settled status enjoy broad rights, including permanent residency and a pathway to British citizenship. Staying informed of deadlines, accurately providing documentation and proactively managing digital status ensures continued security of residence rights in the UK.
Section I: FAQs
Can I apply to the EU Settlement Scheme if I missed the original June 2021 deadline?
You can still apply, but you must demonstrate reasonable grounds for the delay, such as serious illness or abusive circumstances. Late applications without valid justification are typically refused.
Do I receive physical documentation proving my status?
No physical document is issued. Instead your settled or pre‑settled status is digital, stored in your online UKVI account. You prove your status using digital share codes.
Can I lose settled status if I leave the UK?
Settled status is lost after five continuous years spent outside the UK. Swiss nationals and their family members lose settled status after four continuous years of absence.
What happens if my application is refused?
If your application is refused, you may request an administrative review or appeal the decision, depending on your circumstances. Alternatively, you might reapply if you have new evidence.
When can I apply for British citizenship after getting settled status?
You can apply after holding settled status for at least 12 months, or immediately if you’re married to or in a civil partnership with a British citizen, provided you meet other criteria.
Can family members still join me in the UK under the EUSS?
Yes, eligible family members can join if your relationship existed by 31 December 2020. Family members arriving later generally have three months from their date of arrival in the UK to apply under the scheme.
How do I prove continuous residence?
Automatic checks via your National Insurance records confirm continuous residence for most applicants. If these checks are insufficient, you will be asked to submit additional evidence such as employment documents, council tax bills or utility statements.
What should I do if my digital immigration status details change?
You must promptly update your UKVI account details—such as passport number, email or phone number—to ensure ongoing access and accurate communication from UKVI.
Section J: Glossary of Key Terms
Term | Definition |
---|---|
EU Settlement Scheme (EUSS) | UK immigration scheme granting residence rights to EU, EEA and Swiss nationals after Brexit. |
Pre-Settled Status | Temporary immigration status granted to individuals living in the UK for less than five years under EUSS. |
Settled Status | Permanent immigration status (indefinite leave to remain) granted to individuals with at least five continuous years’ residence. |
Indefinite Leave to Remain (ILR) | Permanent permission to live, work and study in the UK without immigration restrictions. |
Continuous Residence | Uninterrupted residence period required to qualify for pre-settled or settled status. |
Automatic Extension | Recent policy allowing pre-settled status holders to extend their status without submitting a new application. |
Digital Status (eVisa) | Online-only proof of immigration status accessed via a UKVI online account. |
Share Code | Digital code generated via a UKVI account to prove immigration status to employers or landlords. |
Certificate of Application (CoA) | Official document confirming a pending EUSS application, allowing temporary rights while awaiting a decision. |
Reasonable Grounds | Acceptable justification required when submitting a late EUSS application. |
Suitability Assessment | Home Office assessment of criminality and good character as part of an EUSS application. |
Life in the UK Test | Compulsory test covering British culture, history and values, required for British citizenship applications. |
Secure English Language Test (SELT) | Official language tests required to demonstrate English proficiency for citizenship and settlement applications. |
Returning Resident Visa | Visa required for individuals whose settled status has lapsed due to extended absence from the UK. |
Section K: Additional Resources and Links
Resource | Description | Link |
---|---|---|
Official GOV.UK EU Settlement Scheme Guidance | Comprehensive official information on eligibility, applying, and managing your EUSS status. | gov.uk |
EU Settlement Resolution Centre (Contact UKVI) | Official contact point for assistance or enquiries about EUSS applications and status. | gov.uk |
Citizens Advice EUSS Guidance | Independent guidance on eligibility, application process, and rights under EUSS. | citizensadvice.org.uk |
The3million – EU citizens’ rights advocacy | Advocacy organisation providing updates, resources, and advice for EU citizens in the UK. | the3million.org.uk |
Independent Monitoring Authority (IMA) | Body responsible for protecting rights of EU citizens under the Withdrawal Agreement. | ima-citizensrights.org.uk |
Unlock – Criminal records advice for EUSS applicants | Advice on criminal records disclosure and implications for EUSS applicants. | unlock.org.uk |
Returning Resident Visas Guidance | Information on applying for a visa after prolonged absence and loss of settled status. | gov.uk |
Life in the UK Test Booking Portal | Official portal for booking and information about the Life in the UK Test. | gov.uk |
Secure English Language Test (SELT) providers | Official list of approved English language tests for citizenship and settlement. | gov.uk |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/
- Anne Morrishttps://www.davidsonmorris.com/author/anne/