Section A: What is the EU Settlement Scheme?
The EU Settlement Scheme is the Home Office process for protecting the UK residence rights of eligible EU, EEA and Swiss citizens and eligible family members after the end of EU/UK free movement. It is the route through which an eligible person can be granted either settled status, which is indefinite permission, or pre-settled status, which is limited permission.
The scheme now operates largely as a problem-resolution framework rather than a mass registration exercise, with a focus on late applications, status confirmation, pre-settled status progression, residence assessment and digital proof issues.
It is important to clarify that the EU Settlement Scheme sits outside the mainstream visa system. It is also distinct from other EU-related routes, such as the Frontier Worker permit route and the EU Settlement Scheme family permit route, although those routes interact with EUSS in defined circumstances. Confusion between these routes remains a frequent source of incorrect applications and refusals.
1. What is the purpose of the EU Settlement Scheme?
The purpose of the EU Settlement Scheme is to provide a lawful basis for eligible individuals to continue living in the UK after the end of EU free movement. Status under the scheme protects residence, work and access to services, provided the individual holds valid status and can prove it digitally. The scheme does not operate on assumptions or historical entitlement.
Following changes to the operation of the scheme, residence rights can arise by operation of law where the relevant conditions are met. In practice, however, rights are only recognised where the Home Office is satisfied that the legal requirements are met, either through automated checks or through a formal assessment triggered by an application.
The scheme now functions as a gatekeeper. It determines who can evidence lawful residence years after Brexit and who cannot. That distinction increasingly affects employment checks, rental arrangements, benefit access and travel.
| Status type | Length of permission | Residence requirement | Main risks |
| Settled status | Indefinite | Qualifying residence equivalent to five years under the EU Settlement Scheme rules | Loss of status after continuous absence from the UK exceeding the permitted threshold, inability to prove status digitally |
| Pre-settled status | Limited permission, subject to expiry or extension | Residence in the UK by 31 December 2020, but less than five qualifying years at application | Broken continuous residence preventing settlement unless the alternative residence calculation is met, false reliance on extensions |
2. Who is the EU Settlement Scheme for?
The scheme applies primarily to EU, EEA and Swiss citizens, and to their eligible family members, where residence in the UK began by 31 December 2020. Eligibility is defined by both personal scope and timing. A person can fall within the scope of the scheme but still be unprotected if they never applied, if their application is refused, or if the Home Office cannot confirm that the legal requirements are met.
The main applicant groups are:
- EU citizens
- EEA citizens from Iceland, Liechtenstein and Norway
- Swiss citizens
- Eligible family members, including certain non-EU family members, where the relationship and route conditions are met
There are also narrower legacy categories, including retained rights and certain primary carer scenarios. These are legally specific and evidence-driven. Selecting the wrong category or failing to align evidence to the legal basis relied on remains a common reason for refusal.
3. What status can be granted under the EU Settlement Scheme?
The EU Settlement Scheme grants one of two statuses, depending on the applicant’s residence history and how that residence is assessed under the scheme.
a. Settled status
Settled status is indefinite permission to stay. It is generally available where the applicant can demonstrate a qualifying period of residence equivalent to five years under the EU Settlement Scheme rules. Settled status supports long-term residence planning, including unrestricted work, study, NHS access and, where separate nationality rules are met, eligibility to apply for British citizenship.
Settled status can be lost after a prolonged continuous absence from the UK. For most people, an absence of more than five years can result in loss of status. For Swiss citizens and their family members, the permitted absence period can differ depending on how status was granted, so travel planning should reflect the individual position.
Read our comprehensive guide to Settled Status here >
b. Pre-settled status
Pre-settled status is limited permission. It is granted where the applicant was resident in the UK by 31 December 2020 but had not yet completed a qualifying period of residence equivalent to five years at the point of application.
Pre-settled status does not guarantee progression to settled status. Settlement depends on whether the residence requirements are met and recognised under the scheme. Following policy changes implemented in 2024 and operationalised more fully from July 2025, this assessment is no longer limited to a single continuous residence test and may, for pre-settled status holders, be assessed using an alternative residence calculation.
Read our comprehensive guide to Pre-Settled Status here >
4. How does residence affect EU Settlement Scheme status?
Residence is central to both the grant and recognition of status under the scheme. It is not measured simply by the passage of time. It is assessed against defined residence criteria set out in the Immigration Rules and Withdrawal Agreement.
Traditionally, residence has been assessed by reference to continuous residence, where absences do not exceed six months in any 12-month period, subject to limited exceptions such as a single longer absence of up to 12 months for an important reason. COVID-related concessions may still be relevant for certain earlier periods.
For pre-settled status holders, residence may now also be assessed using an alternative approach introduced in July 2025. Under this approach, a person may qualify for settled status where they can demonstrate at least 30 months of residence in the UK within the most recent 60-month period, even where continuous residence has been broken.
If neither residence assessment is met, settled status does not arise. In those circumstances, a person may continue to hold pre-settled status or an extension of that status, but will not qualify for settled status under the scheme.
5. What does EU Settlement Scheme status protect in practice?
Status under the EU Settlement Scheme protects the right to live in the UK and supports access to work, renting and NHS healthcare. Proof of status is digital only. Decision emails or letters do not function as proof for employers, landlords or other third parties.
Access to public funds depends on the status held and on separate domestic eligibility rules. Settled status generally supports access to public funds where other conditions are met. Pre-settled status does not automatically confer benefit entitlement, and eligibility often depends on right-to-reside and habitual residence tests outside the scheme itself.
Where a person has not applied or does not hold recognised status, the position is risk-led. Late applications may still be possible, but until an application is accepted as valid and interim rights are confirmed, practical difficulties with work, housing, healthcare charging and travel can arise.
6. What does the EU Settlement Scheme mean for employers?
For employers, the EU Settlement Scheme operates through digital right to work checks. Employers are expected to verify status online using a share code provided by the worker. Physical documents and decision emails cannot be relied on.
Where an individual claims to have applied late or to be awaiting a decision, employers need to understand the limits of interim protection. A certificate of application may confirm a right to work, but only once it has been issued and only on the terms set out in that document. Employing someone without correct digital confirmation exposes the employer to compliance risk, even where the individual believes they are entitled to work.
From an employer perspective, the practical focus is not on whether someone is eligible in principle, but on whether they can prove their status at the point of the check.
DavidsonMorris Strategic Insight
The EU Settlement Scheme has now evolved to focus operationally more on status verification and enforcement than on applications and registration. While holding status under the scheme can offer some assurance, people still find themselves at the mercy of problems and misunderstandings which usually only come to light when that status is being relied on for something crucial like starting a new job, renting a new home or trying to re-enter the UK.
Your status has to be accurate, up to date and checked regularly, because employers and landlords can rely only on the live information on the system. So if the system does not confirm status, explanations about Brexit rights or long UK residence aren’t going to carry any weight.
Section B: EU Settlement Scheme Eligibility Criteria
Eligibility under the EU Settlement Scheme is defined by residence, family relationships and timing. Problems typically arise where applicants rely on assumed entitlement rather than the legal category they actually meet, or where the evidence does not support the basis of the application. Eligibility also needs to be assessed against the applicable residence rules as they operate now, not solely by reference to how residence was assessed when the scheme first opened.
1. Who is eligible to apply under the EU Settlement Scheme?
The scheme applies to EU, EEA and Swiss citizens, and to eligible family members, where residence in the UK began by 31 December 2020. Eligibility is personal and time-limited. A person can fall within the scope of the scheme but still be unprotected if they never applied, applied incorrectly, or if the Home Office cannot confirm that the legal requirements are met.
Applicants also need to make a valid application where one is required. Status is not preserved simply because someone would have qualified had they applied earlier. However, where residence requirements are met, rights under the scheme can arise by operation of law and be recognised automatically by the Home Office.
2. Which EU, EEA and Swiss citizens qualify?
EU, EEA and Swiss citizens qualify where they can show that they were resident in the UK by the end of the transition period on 31 December 2020. Evidence of residence can be drawn from employment records, HMRC data, tenancy documentation, utility bills, bank statements or other official sources.
The Home Office will often attempt to confirm residence using automated checks. These checks are not decisive. Where automated data does not confirm sufficient residence, the applicant may need to provide documentary evidence or make an application to resolve the position.
For settled status, the qualifying residence requirement remains equivalent to five years. How that residence is assessed depends on the status held. For applicants who hold pre-settled status, residence may be assessed either by reference to continuous residence or, since July 2025, by reference to an alternative residence calculation.
3. What if I have less than five years’ residence?
Applicants who were resident in the UK by 31 December 2020 but had not completed five years’ residence at the time of application could be granted pre-settled status. Pre-settled status is limited permission and does not guarantee progression to settled status.
The principal risk for pre-settled status holders is not the expiry date of the grant, but whether the residence requirement for settled status can be met and recognised. Since July 2025, this assessment may be carried out using an alternative approach for pre-settled status holders, under which settled status may arise where at least 30 months of residence can be demonstrated within the most recent 60-month period, even if continuous residence has been broken.
Where neither the traditional continuous residence test nor the alternative residence calculation is met, settled status does not arise under the scheme.
4. Which family members are eligible under the scheme?
Eligible family members include spouses, civil partners, durable partners, dependent children or grandchildren, and dependent parents or grandparents, provided the relationship meets the scheme’s requirements. In most cases, the relationship needs to have existed by 31 December 2020 and to continue to exist at the point of application, subject to limited exceptions.
Family members may be able to apply from within or outside the UK depending on their circumstances, but lawful entry and correct route selection remain critical. Many family members need to apply for an EU Settlement Scheme family permit before travelling. Arriving without the correct entry clearance or relying on post-arrival applications where they are not permitted can result in refusal or loss of rights.
Extended or dependency-based family relationships are assessed strictly. Evidence of dependency, household composition and financial support needs to align with the legal definition relied on.
5. How do children qualify under the EU Settlement Scheme?
Children can qualify under the scheme in their own right or as family members. Where a child is born or adopted after 31 December 2020, eligibility depends on the status held by the parent or parents. If at least one parent holds settled or pre-settled status, the child may be eligible to apply, but an application still needs to be made. Status is not granted automatically.
Delays in registering children often surface years later when proof of status is required for education, travel or employment. At that point, reconstructing evidence and residence history can be more difficult.
6. Can I still apply late under the EU Settlement Scheme?
Late applications can be accepted where the applicant remains eligible and can show reasonable grounds for missing the original deadline. Reasonable grounds are assessed case by case and need to cover the entire period of delay.
Examples can include serious illness, lack of capacity, domestic abuse, modern slavery, or other compelling personal circumstances. A lack of awareness of the scheme is rarely sufficient on its own. Evidence is central, and weak or partial explanations remain a common cause of refusal.
Late applications remain legally possible but carry higher risk. Until an application is accepted as valid and interim rights are confirmed, access to work, housing and services can be disrupted. The alternative residence calculation introduced in July 2025 applies only to individuals who already hold pre-settled status and does not extend to late applicants who never held status under the scheme.
DavidsonMorris Strategic Insight
Sadly, the scheme is not built around fairness or length of stay. You’re assessed against fixed legal categories and dates when eligibility is being determined.
UK residence before 31 December 2020 is essential, but it’s only the starting point. Family relationships, dependency and continuity rules are applied strictly and retrospectively. Eligibility mistakes don’t age out or go away; they compound in the background and surface when proof is needed.
Section C: How to Apply for the EU Settlement Scheme
Applications under the EU Settlement Scheme are now rarely routine. Most current cases involve late applications, joining family members, children who were never registered, or pre-settled status holders seeking to secure recognition of settled status. The application route selected, the legal basis relied on, and the way residence is evidenced all materially affect the outcome.
1. How do you apply under the EU Settlement Scheme?
Applications are free and are normally made online through the Home Office EU Settlement Scheme portal. An application is only successful where it is valid, supported by evidence, and falls within the scope of the scheme. Eligibility alone does not guarantee that residence rights will be recognised. Status is confirmed only where the Home Office is satisfied that the legal requirements are met.
The Home Office will often attempt to verify residence automatically using HMRC and DWP records. These checks are not decisive. Where automated data does not confirm sufficient residence, the applicant may need to provide documentary evidence or make an application to resolve the position.
2. How is identity verified for an EU Settlement Scheme application?
Applicants need to prove their identity using a valid passport, national identity card, or biometric residence card where applicable. Most applicants can verify identity using the EU Exit: ID Document Check app on a compatible smartphone. Where the app cannot be used, alternative arrangements are made through the Home Office.
Identity verification issues often arise where documents have expired, been replaced, or where the contact details linked to the UKVI account are no longer accessible. These issues can delay applications and later prevent proof of status, even where residence requirements are met.
3. What evidence of residence is required?
Where residence cannot be confirmed automatically, applicants need to upload evidence demonstrating physical presence in the UK during the relevant period. Accepted evidence includes employment records, bank statements, tenancy agreements, council tax records and official correspondence.
For settled status, residence may be assessed in more than one way depending on the status held. Evidence may be reviewed to confirm either continuous residence over a five-year period or, for pre-settled status holders, residence meeting the alternative calculation introduced in July 2025. Under that approach, the Home Office may assess whether the applicant can demonstrate at least 30 months of residence within the most recent 60-month period.
Applicants relying on the alternative residence calculation should ensure that the evidence provided demonstrates aggregate periods of presence in the UK, rather than uninterrupted continuity.
4. Are criminal records checked under the EU Settlement Scheme?
All applications are subject to criminality and suitability checks. Not all convictions lead to refusal, but failure to disclose relevant history can. Suitability is assessed under EU Settlement Scheme rules, which differ from the wider immigration suitability framework, but serious or persistent offending can still affect eligibility.
Applicants with criminal convictions should assess the impact carefully before applying, as refusal on suitability grounds can carry consequences beyond the scheme itself.
5. What happens after an application is submitted?
After submission, the Home Office assesses whether the application is valid. For late applications, this includes consideration of whether reasonable grounds exist for missing the deadline. Until an application is accepted as valid, interim rights are not guaranteed.
Once validity is confirmed, a certificate of application is issued. This document sets out what the applicant can do while a decision is pending, including whether they can work or rent. The wording of the certificate matters and should be checked carefully, particularly where employment or housing is involved.
6. How is EU Settlement Scheme status proved?
If the Home Office confirms eligibility, the applicant is granted settled status or pre-settled status. Proof of status is digital only. Decision emails or letters cannot be used as proof for employers, landlords or other third parties.
Access to the UKVI account is required to generate share codes and prove status. Problems commonly arise where individuals lose access to the email address, phone number or identity document linked to their account. These issues should be resolved promptly, as they can prevent lawful work or renting even where residence requirements are met.
7. What are the options if an application is refused?
If an application is refused, the applicant may have a right of appeal, the option to submit a fresh application, or both. The appropriate response depends on the reason for refusal. Evidence-based refusals may be resolved through a new application, while refusals based on legal interpretation may require appeal.
Time limits apply. Early assessment of refusal reasons remains important to avoid loss of rights or further delay.
DavidsonMorris Strategic Insight
When it was first launched, the EU Settlement Scheme application process was lauded by the Home Office as straightforward, user-friendly and low burden for applicants. However, that promoted simplicity belies the importance and significance of the supporting evidence and data that are assessed to determine eligibility. As with any other Home Office application, a decision will only go in your favour if the evidence is sufficient to demonstrate that you qualify.
Likewise, automated checks don’t offer any form of safety net. They may reduce the amount of work required from you, but where the records or data screened by the Home Office are incomplete, the problem is yours and the burden shifts to you as the applicant to resolve.
Section D: EUSS Late Applications & Key Deadlines
The EU Settlement Scheme now operates almost entirely in a post-deadline context. For most applicants, the relevant question is no longer whether the deadline has passed, but whether a late application is still legally available and how exposure is managed while that application is considered. Late applications are possible, but they attract closer scrutiny and carry practical risk.
1. What was the EU Settlement Scheme deadline?
The main deadline for most EU, EEA and Swiss citizens and their family members who were living in the UK by 31 December 2020 was 30 June 2021. That deadline applied regardless of how long the person had lived in the UK and regardless of whether they held EU permanent residence documentation or pre-Brexit indefinite leave.
Missing the deadline did not automatically remove eligibility from the scheme, but it did change the legal and evidential position. Anyone applying after that date is treated as a late applicant and needs to address both eligibility and delay.
2. Can you still apply to the EU Settlement Scheme after the deadline?
Late applications can still be accepted where the applicant remains eligible and can show reasonable grounds for missing the deadline. Reasonable grounds are not exhaustively defined and are assessed on a case-by-case basis. The explanation needs to cover the full period from the missed deadline to the date of application.
Examples that may amount to reasonable grounds include serious illness, lack of physical or mental capacity, domestic abuse, modern slavery, care responsibilities, or other compelling personal circumstances. A lack of awareness of the scheme is rarely sufficient on its own, but may be relevant where it sits alongside other barriers.
Evidence is central. Assertions without documentary support are a common reason for refusal. The Home Office expects a clear narrative, supported by records, explaining why an application could not reasonably have been made earlier.
3. What happens while a late EU Settlement Scheme application is being considered?
Once a late application is accepted as valid, the Home Office issues a certificate of application. This document sets out what the applicant can do while a decision is pending, including whether they can work or rent. Until validity is confirmed and a certificate is issued, interim protection is not guaranteed.
In practice, this creates a risk window. Employers and landlords rely on digital confirmation. Where a certificate of application has not yet been issued, individuals can face difficulty proving their position, even where they believe they are entitled to remain in the UK.
The alternative residence calculation introduced in July 2025 applies only to individuals who already hold pre-settled status and does not extend to late applicants who never held status under the scheme.
4. How do joining family members apply after 31 December 2020?
Close family members of EU, EEA and Swiss citizens can still join them in the UK after 31 December 2020, provided the relationship existed by that date and continues to exist, subject to limited exceptions. In most cases, these family members need to apply for an EU Settlement Scheme family permit before travelling to the UK.
Joining family members do not benefit from automatic protection on arrival. Rights depend on lawful entry and on making a valid application within the required timeframe. Entering the UK without the correct entry clearance or relying on post-arrival applications where they are not permitted is a frequent cause of refusal.
5. Why do deadlines still matter under the EU Settlement Scheme?
Although the main deadline has passed, timing remains central to outcomes under the scheme. Late applications made years after the deadline attract higher scrutiny. Delays in upgrading from pre-settled to settled status can result in loss of eligibility. Children who were never registered can face difficulties later when proof of status becomes unavoidable.
The practical position is that the scheme rewards timely, accurate action and penalises assumptions. Acting before status is challenged by an employer, landlord or border official is materially safer than reacting once a problem has arisen.
DavidsonMorris Strategic Insight
Late applications are still technically accepted, but they attract high scrutiny. Reasonable grounds are assessed against the entire period of the delay, not just the original deadline, leaving an extremely narrow pool of acceptable grounds. So the longer the delay, the higher the scrutiny and the fewer the practical safeguards available to you.
Also, until an application is accepted as valid, individuals are often left in a grey status zone, making work, rent and travel difficult or even impossible.
Employers who accept assurances that an application has been submitted without verifying interim rights risk civil penalties.
Section E: Moving from Pre-Settled Status to Settled Status
Progression from pre-settled status to settled status remains one of the most legally sensitive areas of the EU Settlement Scheme. Although the legal framework has shifted following litigation and subsequent policy changes, the underlying requirement to meet the residence conditions has not been removed. What has changed is how residence may be assessed for certain applicants.
Residence rights under the scheme can arise by operation of law where the conditions are met, rather than only through an application. The principal risk is no longer failure to apply, but failure to meet a qualifying residence threshold that can be recognised by the Home Office.
1. When does settled status arise under the EU Settlement Scheme?
Settled status arises where an individual completes a qualifying period of residence equivalent to five years in accordance with the EU Settlement Scheme rules. The five-year period runs from when residence in the UK began, not from the date pre-settled status was granted.
Following changes implemented after litigation brought by the Independent Monitoring Authority, the Home Office is required to recognise that settled status can arise automatically once the residence conditions are met. In some cases, settled status may be granted without a further application where Home Office systems confirm eligibility, although this applies only where Home Office systems can confirm qualifying residence without further evidence.
That does not mean residence is treated as qualifying simply because time has passed. The residence requirements still need to be satisfied and capable of recognition.
2. Do you still need to apply for settled status?
Making an application for settled status is no longer the only legal route to securing indefinite permission under the scheme. However, many individuals still apply proactively to trigger a formal assessment, resolve uncertainty, and ensure that their status is clearly recorded in their UKVI account.
Relying solely on automatic recognition can be risky where residence history is fact-specific, absences are close to the permitted limits, or evidence is incomplete. An application brings those issues into focus earlier, rather than at the point an employer, landlord, or other authority challenges status.
3. How does the Home Office assess residence for settlement?
The Home Office uses automated data checks to assess residence, drawing on HMRC and other government records. Where those checks confirm that a qualifying residence threshold has been met, settled status may be granted automatically.
Where automated checks do not confirm eligibility, residence may remain unrecognised even if five calendar years have passed. In those cases, documentary evidence may be required or an application may be needed to resolve the position.
Residence can be assessed in one of two ways for pre-settled status holders. The traditional assessment is based on continuous residence. Since July 2025, an alternative residence assessment may also apply.
4. How do absences affect settlement for pre-settled status holders?
Absences remain a central factor in settlement eligibility, but they are no longer assessed in only one way for pre-settled status holders.
Under the traditional approach, residence is assessed by reference to continuous residence. As a general rule, absences should not exceed six months in any 12-month period, subject to limited exceptions such as a single longer absence of up to 12 months for an important reason. Where continuous residence is broken under this test, settlement does not arise on that basis.
Since July 2025, pre-settled status holders may alternatively qualify for settled status where they can demonstrate at least 30 months of residence in the UK within the most recent 60-month period. Under this approach, residence is assessed on an aggregate basis rather than by reference to uninterrupted continuity.
Where neither the continuous residence test nor the alternative residence calculation is met, settled status does not arise under the scheme.
| Residence assessment method | Core requirement | Impact on settlement |
| Continuous residence | No more than six months’ absence in any 12-month period, subject to limited exceptions | Settlement may arise where continuity is preserved |
| Alternative residence calculation (from July 2025) | At least 30 months of residence in the most recent 60-month period | Settlement may arise even where continuous residence has been broken |
| Neither test met | Residence threshold not satisfied | Settled status does not arise |
5. What do automatic extensions of pre-settled status mean?
Automatic extensions of pre-settled status are a protective measure designed to prevent individuals from falling out of lawful residence while their eligibility for settled status is assessed. An extension does not convert pre-settled status into settled status and does not repair residence that fails to meet either of the qualifying residence assessments.
The Home Office can still cancel or curtail pre-settled status where it concludes that the holder no longer meets, or never met, the substantive requirements of the scheme, such as where neither residence assessment can be satisfied. Extensions cannot be used to preserve residence rights where the underlying residence conditions are not met.
6. What happens if settled status never arises?
If an individual does not meet the residence requirements under either assessment route, settled status does not arise automatically and cannot be granted through an application. In those circumstances, long-term residence under the EU Settlement Scheme may not be available.
The scheme does not provide a fallback route where residence thresholds are not met. Understanding whether the qualifying residence criteria can be satisfied, and identifying risks early, remains central to protecting long-term UK residence under the scheme.
DavidsonMorris Strategic Insight
Post-IMA changes have removed the cliff edge of automatic expiry, but they haven’t made pre-settled status safe. Settlement becomes automatic only where the residence conditions are met and confirmed. You should first check for broken residence, excessive absences and the strength of your evidence, as these factors can prevent settled status from being available.
And yes, automatic extensions can protect against falling out of status, but they don’t protect against permanent loss of settlement eligibility.
In practice, employers often encounter this issue when a long-serving employee suddenly cannot prove permanent rights.
Section F: After the Application
What happens after an EU Settlement Scheme application is submitted often has greater practical consequences than the application itself. Day-to-day rights depend on whether the application is accepted as valid, whether interim confirmation is issued, and whether the individual can prove their position digitally. Many difficulties arise at this stage because applicants assume protection exists when it does not, or because third parties misunderstand how EU Settlement Scheme status operates in practice.
1. What checks does the Home Office carry out after submission?
After an application is submitted, the Home Office first considers whether it is valid. This includes checking identity, whether the applicant falls within the scope of the scheme, and, for late applications, whether there is a basis to consider reasonable grounds for missing the deadline. Until an application is accepted as valid, the Home Office is not required to confirm any interim rights.
Applicants may be contacted to provide further information or documents. Requests are often time-limited. Failure to respond can result in refusal even where eligibility exists. Maintaining access to the email address and phone number linked to the UKVI account is therefore part of managing the application.
2. What is a certificate of application and what does it allow?
Once an application is accepted as valid, the Home Office issues a certificate of application. This document sets out whether the applicant can work, rent property and access services while a decision is pending. The wording of the certificate matters. Some certificates confirm a right to work and rent, while others are more limited depending on the basis of the application.
A certificate of application is not issued automatically in all cases and does not confirm that the application will succeed. Employers and landlords should use the Home Office Employer Checking Service where a certificate of application is relied on.
3. What decision outcomes are possible?
If the application is approved, the applicant is granted settled status or pre-settled status. The decision is communicated digitally, usually by email. No physical residence document is issued. Status takes effect once it appears in the applicant’s UKVI account.
If the application is refused, the Home Office will explain the reasons and outline any rights of challenge. Depending on the refusal grounds, the applicant may have a right of appeal, the option to submit a fresh application, or both. The appropriate response depends on whether the refusal turns on evidence gaps or on legal interpretation.
4. How is EU Settlement Scheme status proved?
Status under the EU Settlement Scheme is proved digitally. A decision email or letter cannot be used as proof for employers, landlords or service providers. Instead, the individual needs to access the online “view and prove” service and generate a share code.
Practical problems often arise where the individual no longer has access to the email address or phone number linked to their UKVI account, or where the identity document used at application has expired or been replaced. These issues can prevent proof of status even where status exists, and should be resolved promptly.
5. What should employers do when checking EU Settlement Scheme status?
Employers are expected to carry out digital right to work checks for EU Settlement Scheme holders using a share code. Physical documents, screenshots or decision emails cannot be relied on. Where a worker claims to have applied late or to be awaiting a decision, employers should confirm whether a certificate of application has been issued and what rights it confirms.
Employing someone without correct digital confirmation exposes the employer to compliance risk and possible enforcement action, even where the individual believes they are entitled to work.
| Worker position | What the employer should see | What is not acceptable |
| Settled or pre-settled status holder | Valid share code confirming right to work via Home Office online check | Decision emails, screenshots, physical documents, expired ID |
| Late applicant awaiting decision | Certificate of application confirming right to work, verified through Home Office service | Applicant assurance without a certificate, proof of submission only |
| Joining family member | Valid status or interim right to work confirmation where issued | Entry stamp alone, pending family permit, explanation without digital confirmation |
| Applicant with status access issues | Resolved UKVI account access and fresh share code | Claims of status without the ability to generate a share code |
6. What are the risks around travel after applying?
Holding EU Settlement Scheme status confirms the right to live in the UK, but it does not remove the need to meet entry requirements when travelling. The documents required to enter the UK depend on nationality, the status held, and whether the person is travelling as a main applicant or a joining family member.
Travelling while an application is pending or without the correct documents can create re-entry problems. Travel plans should be checked carefully against the individual’s status and application stage, particularly where a late application or family route is involved.
DavidsonMorris Strategic Insight
EU Settlement Scheme status exists only to the extent it can be proved digitally at the exact moment it is checked. The live Home Office system is the judge and jury.
Other documents or evidence that may have been acceptable in the past, or are sound for other routes, such as decision emails, screenshots and explanations, carry no weight for anyone relying on status under the EU Settlement Scheme.
From an employer perspective, when carrying out a right to work check, compliance is assessed on what the Home Office system showed at the time of the check, and nothing else.
Section G: Summary
The EU Settlement Scheme remains the legal framework that determines whether eligible EU, EEA and Swiss citizens, and their family members, can live lawfully in the UK after Brexit. Although the main application deadline has passed, the scheme is far from dormant. Late applications, joining family members, digital status checks and the progression from pre-settled to settled status continue to shape outcomes for individuals and employers alike.
The most significant risk under the scheme is not eligibility in principle, but loss of protection through inaction or incorrect assumptions. Pre-settled status is not a holding position that automatically matures into indefinite permission. Continuous residence rules, alternative residence thresholds for pre-settled status holders, permitted absences and evidence requirements are applied strictly, and automatic extensions do not repair broken residence or preserve settlement eligibility.
Late applications remain legally possible, but they carry higher scrutiny and practical risk. Until an application is accepted as valid and interim rights are confirmed, access to work, housing and services can be disrupted. Proof of status is digital only, and the ability to demonstrate that status in real-world checks is as important as holding it.
For employers, the focus is compliance rather than entitlement, with right to work checks depending on live digital confirmation, not explanations or historic documents.
Section H: Need Assistance?
If you need clarity on your EU Settlement Scheme position, or you are dealing with a late application, pre-settled status risks, family member applications, or employer right to work checks, a focused telephone consultation can help you understand where you stand and what action is realistically available.
Our advisers use the consultation to assess eligibility, identify compliance risks, and explain the practical consequences of different options, including where settlement may no longer be achievable under the scheme. The aim is to give you a clear, legally grounded view of your position, not generic guidance.
You can book a fixed-fee telephone consultation to discuss your circumstances and next steps before problems arise with employment, housing, travel, or status checks.
Section I: EU Settlement Scheme FAQs
What is the EU Settlement Scheme?
The EU Settlement Scheme is the Home Office process that allows eligible EU, EEA and Swiss citizens and their eligible family members to secure lawful residence in the UK after the end of EU free movement. It provides either settled status, which is indefinite permission, or pre-settled status, which is limited permission. Status is recognised where the Home Office is satisfied that the legal requirements are met.
Who can still apply to the EU Settlement Scheme in 2026?
People who were resident in the UK by 31 December 2020 may still be able to apply where they remain eligible and can show reasonable grounds for missing the 30 June 2021 deadline. Certain family members can also apply, including those joining an eligible EU, EEA or Swiss citizen, provided the relationship and route requirements are met.
What happens if I never applied to the EU Settlement Scheme?
If you never applied, you do not hold recognised status under the scheme, even if you would have been eligible. A late application may still be possible, but until an application is accepted as valid and interim rights are confirmed, you may face difficulty working, renting, accessing services or travelling.
What is the difference between settled status and pre-settled status?
Settled status is indefinite permission based on meeting the qualifying residence requirements under the EU Settlement Scheme. Pre-settled status is limited permission granted where the applicant was resident in the UK by 31 December 2020 but had not yet completed the qualifying residence period at the point of application. Pre-settled status does not guarantee progression to settled status.
Can pre-settled status be lost?
Pre-settled status can be cancelled or curtailed where the individual no longer meets, or never met, the substantive requirements of the scheme, such as where residence thresholds cannot be satisfied. Automatic extensions of pre-settled status do not remove these risks.
Does pre-settled status automatically convert to settled status?
Not in every case. Settled status can arise automatically where the residence conditions are met and confirmed by Home Office systems. Since July 2025, pre-settled status holders may qualify either by meeting the traditional continuous residence test or by demonstrating at least 30 months of residence in the most recent 60-month period. Where eligibility cannot be confirmed automatically, an application may still be needed to resolve status.
How is residence assessed under the EU Settlement Scheme?
Residence may be assessed in more than one way. Traditionally, settlement has been assessed by reference to continuous residence, with absences generally not exceeding six months in any 12-month period, subject to limited exceptions. Since July 2025, pre-settled status holders may alternatively be assessed on an aggregate basis, where at least 30 months of residence can be shown within the most recent 60-month period.
What if I spent long periods outside the UK?
Extended absences can prevent settlement under the continuous residence test. However, for pre-settled status holders, settlement may still arise where the alternative residence calculation is met. Where neither assessment route is satisfied, settled status does not arise under the scheme.
Can children still apply to the EU Settlement Scheme?
Children can qualify in their own right or as family members. Where a child was born or adopted after 31 December 2020, eligibility depends on the status held by the parent or parents. An application still needs to be made, as status is not granted automatically.
How do employers check EU Settlement Scheme status?
Employers carry out digital right to work checks using a share code provided by the individual. Decision emails, screenshots or physical documents cannot be relied on. Where a worker claims to have applied late or to be awaiting a decision, employers need to confirm whether a certificate of application has been issued and what rights it confirms.
What is a certificate of application?
A certificate of application is issued once an EU Settlement Scheme application is accepted as valid. It sets out whether the applicant can work, rent and access services while a decision is pending. It is not issued automatically and does not guarantee a successful outcome.
Can I work or rent while my application is pending?
This depends on whether a certificate of application has been issued and what it confirms. Until validity is accepted and interim rights are confirmed, work and rent checks can be difficult to pass.
How do I prove my settled or pre-settled status?
EU Settlement Scheme status is digital only. You need to use the online view and prove service to generate a share code. Decision emails or letters cannot be used as proof for employers, landlords or service providers.
What if I cannot access my UKVI account?
If you no longer have access to the email address, phone number or identity document linked to your UKVI account, you may be unable to prove your status. These details should be updated as soon as possible to avoid disruption to work or housing.
Can I travel while my EU Settlement Scheme application is pending?
Travel can be risky while an application is pending. Entry requirements depend on nationality, status held and the basis of the application. Travelling without the correct documents can lead to re-entry problems.
What happens if my EU Settlement Scheme application is refused?
If an application is refused, you may have a right of appeal, the option to submit a fresh application, or both. The correct response depends on the refusal reasons and should be assessed promptly due to time limits.
Is the EU Settlement Scheme still relevant now?
Yes. The scheme continues to govern the lawful status of millions of people in the UK. Late applications, residence assessment, digital proof and progression from pre-settled to settled status remain live legal and compliance issues.
Section J: Glossary
| Term | Definition |
| EU Settlement Scheme (EUSS) | The Home Office scheme that allows eligible EU, EEA and Swiss citizens, and their eligible family members, to secure lawful residence in the UK after the end of EU free movement by obtaining settled or pre-settled status. |
| Settled status | Indefinite permission to stay in the UK under the EU Settlement Scheme, generally granted where the applicant can demonstrate five years’ continuous qualifying residence. |
| Pre-settled status | Limited permission to stay under the EU Settlement Scheme, granted where the applicant was resident in the UK by 31 December 2020 but had not yet completed five years’ continuous qualifying residence. |
| Continuous residence | A qualifying period of residence assessed by reference to physical presence in the UK and permitted absences. As a general rule, absences should not exceed six months in any 12-month period, subject to limited exceptions. For pre-settled status holders, settlement may also be assessed using an alternative residence calculation introduced in July 2025. |
| Reasonable grounds | The explanation required for a late EU Settlement Scheme application, showing why the applicant could not reasonably apply by the 30 June 2021 deadline. Grounds are assessed case by case and must cover the full period of delay. |
| Late application | An EU Settlement Scheme application made after 30 June 2021 by a person who was resident in the UK by 31 December 2020 and who seeks to rely on reasonable grounds for missing the deadline. |
| Certificate of application | A document issued by the Home Office once an EU Settlement Scheme application is accepted as valid, confirming whether the applicant can work, rent or access services while a decision is pending. |
| Digital status | The online-only record of immigration status held in a UKVI account. EU Settlement Scheme status is proved digitally and not through physical documents. |
| Share code | A time-limited code generated through the Home Office “view and prove” service, allowing employers, landlords and other third parties to check an individual’s immigration status online. |
| EU Settlement Scheme family permit | An entry clearance document required by many joining family members of EU, EEA or Swiss citizens before travelling to the UK in order to apply under the EU Settlement Scheme. |
| Joining family member | A close family member of an eligible EU, EEA or Swiss citizen who applies to join them in the UK after 31 December 2020, subject to relationship and route requirements. |
| UKVI account | The online Home Office account used to access, manage and prove EU Settlement Scheme status, including generating share codes and updating contact details. |
| Right to work check | The process by which an employer verifies that an individual has permission to work in the UK, carried out for EU Settlement Scheme holders through a digital share code check. |
| Permitted absence | An absence from the UK that does not break continuous residence under the EU Settlement Scheme rules, including limited longer absences for recognised important reasons. |
Section K: Additional Resources & Links
| Resource | Description | Link |
| EU Settlement Scheme overview | Official Home Office guidance on eligibility, application routes, family members and late applications under the EU Settlement Scheme. | https://www.gov.uk/settled-status-eu-citizens-families |
| Apply to the EU Settlement Scheme | Home Office application portal for submitting an EU Settlement Scheme application or upgrading from pre-settled to settled status. | https://www.gov.uk/settled-status-eu-citizens-families/applying |
| EU Settlement Scheme: late applications guidance | Home Office policy guidance explaining how late applications are assessed and what may amount to reasonable grounds for delay. | https://www.gov.uk/government/publications/eu-settlement-scheme-caseworker-guidance |
| View and prove immigration status | Digital service used by individuals to access their EU Settlement Scheme status and generate share codes for employers and landlords. | https://www.gov.uk/view-prove-immigration-status |
| Right to work checks: employer guidance | Official guidance for UK employers on carrying out compliant right to work checks, including checks for EU Settlement Scheme holders. | https://www.gov.uk/check-job-applicant-right-to-work |
| EU Settlement Scheme Resolution Centre | Home Office contact service for technical support with applications, status access issues and account problems. | https://eu-settled-status-enquiries.service.gov.uk/start |
| The3Million | Independent advocacy organisation supporting EU citizens in the UK, with practical information on EU Settlement Scheme issues. | https://www.the3million.org.uk/ |
| Settled | UK charity providing advice and support to EU citizens and families applying under the EU Settlement Scheme. | https://settled.org.uk/en/ |
