EU Settlement Scheme

Settled status (also called Indefinite Leave to Enter or Remain under the EUSS) is granted to those who had lived continuously in the UK for at least five years before applying. It is equivalent to ILR and allows the holder to remain in the UK indefinitely, work and study freely, and access public funds and the NHS on the same basis as British citizens. After holding settled status for one year, the holder can apply for British citizenship.

Pre-settled status is granted to those who had lived in the UK for fewer than five years at the time of application. It gives the right to remain for five years from the date it is granted. Before it expires, the holder must either have accrued 5 years of continuous UK residence and apply to convert to settled status, or apply to extend their pre-settled status. The government has extended pre-settled status automatically for many holders to prevent inadvertent loss of rights.

Both statuses are held digitally — there is no physical document. Rights are evidenced through the UKVI online service, which generates a shareable code for employers, landlords, and others who need to verify status.

Although the main EUSS deadline was 30 June 2021, late applications are still accepted if the applicant has reasonable grounds for not applying on time. The Home Office accepts a wide range of reasons, including:

• Being a child whose parent or guardian failed to apply on their behalf;
• Having a serious medical condition that prevented application;
• Being in an abusive relationship or experiencing family-related coercion;
• Not knowing about the requirement to apply;
• Care and support needs or mental health difficulties.

Late applicants should apply as soon as they realise they need to, providing evidence of their reason for lateness and their residence in the UK before 31 December 2020. Many organisations, including Citizens Advice and local charities, provide free assistance with late EUSS applications.

Both settled and pre-settled status give holders the right to live and work in the UK, access the NHS, and enrol children in school. However, there are differences in access to some public funds: pre-settled status holders have more limited rights to benefits than settled status holders, reflecting that they have not yet completed five years of residence.

Family members — including non-EU national family members — who were residing in the UK before 31 December 2020 were also eligible to apply under the EUSS. New family members joining after 31 December 2020 generally must use the standard immigration system (the EUSS Family Permit route for joining settled or pre-settled status holders is a separate process).

If you have pre-settled status and lose it through absence or failure to convert, your rights in the UK could be seriously affected. It is important to track when pre-settled status expires and to apply for settled status as soon as you are eligible.

Although the EUSS deadline of 30 June 2021 has passed, the Home Office continues to accept late applications where the applicant demonstrates reasonable grounds for missing the deadline. The Home Office has taken a broadly generous approach to what constitutes reasonable grounds — the test is whether it was reasonable in the applicant's specific circumstances not to have applied on time, not whether there was an overwhelming reason. Accepted grounds have included: being a child whose parent or guardian failed to apply; serious physical or mental health conditions; being in an abusive or controlling relationship; difficulty understanding the requirement due to cognitive or learning disabilities; homelessness or destitution; being in detention or prison; and, in some cases, simply not being aware of the scheme.

The key practical difference between settled status and pre-settled status goes beyond the immediate right to remain. Settled status is permanent — it does not expire unless the holder is absent from the UK for more than five consecutive years. It provides full access to public funds and the benefits system, and after holding it for one year the holder can apply for British citizenship. Pre-settled status, by contrast, is time-limited (five years from the date of grant) and must be converted to settled status before expiry. Pre-settled status holders also have more restricted access to certain means-tested benefits — a point confirmed by the Supreme Court in the Fratila case — and they cannot apply for British citizenship until they have converted to settled status and completed the qualifying period.

For those with pre-settled status, the most important action is tracking the expiry date carefully. Applications to convert to settled status can and should be made as soon as five years of continuous residence in the UK have been accrued — waiting until close to the expiry date creates unnecessary risk. Continuous residence means not being outside the UK for more than six months in any 12-month period (though the Government made temporary concessions during the Covid-19 pandemic). Free help with EUSS applications and conversions is available from Citizens Advice, Settled (settleduk.org), and many local refugee and migrant support organisations.