Aaraf Immigration Lawyers

EU Settlement Scheme

The EU Settlement Scheme (EUSS) is designed for citizens of the European Union (EU), European Economic Area (EEA), and Switzerland who were living in the UK before the end of the Brexit transition period (December 31, 2020). It allows them and their family members to continue residing, working, and studying in the UK.
The scheme offers two types of status depending on how long you have lived in the UK: Settled Status and Pre-Settled Status.


Who Is Eligible?
The EU Settlement Scheme is available to:

  • EU, EEA, and Swiss citizens who were living in the UK before December 31, 2020.
  • Non-EU family members of EU, EEA, or Swiss citizens who were also resident in the UK before this date.
  • Close family members (spouses, civil partners, unmarried partners, dependent children, and dependent parents or grandparents) who wish to join their EU family members in the UK after this date may also apply, provided the relationship existed before the end of 2020.

 

What Is Settled Status?
If you have lived in the UK for a continuous period of five years or more, you may be eligible for Settled Status, which is equivalent to Indefinite Leave to Remain (ILR). Settled Status allows you to:

  • Stay in the UK for as long as you like.
  • Work, study, and access public services, such as healthcare and benefits.
  • Apply for British citizenship if you are eligible.
  • Bring family members to the UK under certain conditions.

 

What Is Pre-Settled Status?
If you have lived in the UK for less than five years but arrived before December 31, 2020, you can apply for Pre-Settled Status. This status allows you to:

  •  
  • Stay in the UK for up to five years.
  • Work, study, and access public services during your time in the UK.
  • Apply for Settled Status once you have completed five continuous years of residence.

 

Continuous Residence
To qualify for either Settled or Pre-Settled Status, you must have lived in the UK for at least six months in any 12-month period during the qualifying years. Temporary absences for certain reasons (like work, study, or family emergencies) are allowed, as long as they do not exceed six months in a year.

 

Deadlines for Applying
Although the primary deadline for applications was June 30, 2021, late applications may still be accepted if you can demonstrate reasonable grounds for missing the deadline. It’s important to act as soon as possible to avoid losing your rights to live and work in the UK.

 

Family Members of EU Citizens
Family members of EU citizens can also apply under the EU Settlement Scheme, provided the EU citizen was living in the UK by December 31, 2020. Family members include:

  • Spouses or civil partners.
  • Unmarried partners (in a durable relationship).
  • Dependent children or grandchildren.
  • Dependent parents or grandparents.

If you’re a close family member joining an EU citizen after the transition period, your relationship must have existed before the end of 2020.

 

Rights of Those with Settled or Pre-Settled Status
Both statuses offer important rights, such as:

  • Right to stay in the UK: You can continue to live, work, and study in the UK.
  • Access to healthcare and benefits: You’ll have access to the National Health Service (NHS) and other public services.
  • Travel in and out of the UK: You can travel in and out of the UK freely. However, if you are away from the UK for more than five consecutive years (for Settled Status) or two years (for Pre-Settled Status), you may lose your status.

 

Moving from Pre-Settled Status to Settled Status
Once you have completed five years of continuous residence in the UK, you can apply to switch from Pre-Settled Status to Settled Status. You must apply before your Pre-Settled Status expires.

 

How We Can Help
Navigating the EU Settlement Scheme can be challenging, especially with deadlines and specific requirements for proving residency. Our experienced immigration lawyers can assist you with your application for Settled or Pre-Settled Status, ensuring that all necessary documentation is submitted correctly.
Call us on 0203 442 0292 to speak with one of our immigration experts, and let us help secure your status in the UK under the EU Settlement Scheme.

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