The EU Settlement Scheme closed to most people years ago, so why does it still matter? Because hundreds of thousands of Europeans live in the UK on it, because a pre-settled status that is ignored can lapse, and because the scheme is the reason some of your future neighbours can do things you cannot.
If you are moving now, you almost certainly need a visa and not the scheme; see moving to the UK. If you already live in the UK, read on.
What is the EU Settlement Scheme?
It is the system that protected the residence rights of EU, EEA and Swiss citizens, and their family members, who were already living in the UK when free movement ended. Applying was free. GOV.UK says the main deadline was 30 June 2021.
Success gave you one of two statuses. Settled status means you can live and work in the UK without a time limit; it generally follows five years of continuous residence. Pre-settled status is for people who had less than five years of residence when they applied, and it is a temporary permission with the right to upgrade.
Both statuses let you work, rent, use the NHS and study, and both live in your digital record. The practical difference is the clock. Pre-settled status expires, and settled status does not.
Can you still apply to the EU Settlement Scheme?
For most people, no. But the door has not fully closed. GOV.UK says that joining family members, such as a partner or child of someone with status who arrives after 31 December 2020, may have a later deadline, based on their last arrival. The family relationship must have existed on 31 December 2020 and still exist when they apply. People who made an unsuccessful application and reapply may also have a later deadline.
Without a certificate of application, your rights are not protected. Joining family members get automatic protection for 90 days after arrival, and after that they must show that they have applied. Anyone who arrives illegally will have their application rejected.
The key message is simple: if you think you might be eligible but missed a deadline, check your situation on GOV.UK or with a regulated adviser now, since each month adds problems to a later application.
How do you move from pre-settled to settled status?
This is the application that most readers need. GOV.UK says you are usually eligible for settled status once you have lived in the UK for five years in a row, and that there is no deadline for the upgrade. It is free, and you can apply as soon as you are eligible.
You should not wait for the last moment. GOV.UK also says your pre-settled status will be extended by five years before it is due to expire, and you will get an email when that happens. After the extension, your status may convert to settled status automatically. The Home Office may cancel an extension if you no longer meet the requirements.
Two habits help. Keep the email address on your UKVI account current, because that is where these notices go. And keep proof of continuous residence, such as payslips, council tax bills, tenancy agreements and GP letters, in case a decision is questioned. Long absences from the UK can break continuity, so check the rules before a long stay abroad.
Not sure whether your status is still valid, or whether a family member can still apply? Moovy can read your situation, point you to the right GOV.UK page and prepare the questions for an adviser. Moovy cannot see your Home Office account or decide an application, so use your UKVI account for the final check.
What does your status look like today?
There is no plastic card to find in a drawer. Your status is an eVisa: a digital record in your UKVI account, linked to your passport or ID document. If someone needs to check your rights, you generate a share code and they enter it on a government website. GOV.UK explains the process on its eVisa page.
For employers, the share code proves your right to work. For landlords in England, it proves your right to rent; see renting in the UK. Your account is free. If you have changed passport, phone number or email, update the account before you need a check, because a mismatch is the main reason people struggle to prove a perfectly valid status.
Should you make a late application under the EU Settlement Scheme?
A late application EUSS case is rare, and it is worth being honest about which cases fit. The scheme was built for people who were in the UK by the end of 2020, so someone who arrived in 2022 cannot use it just because they missed the date. The exceptions are the ones GOV.UK names: joining family members of a person with status, and people re-applying after an earlier refusal.
If you are in one of those groups, gather evidence of the family relationship at 31 December 2020 (marriage or birth certificates, proof of a durable partnership) and of your own arrival date (a passport stamp, a boarding pass, a tenancy). Keep a copy of every certificate of application, since it is what protects you while the decision is pending. If you are not in those groups, a family or work visa is the route to explore; see UK visas for EU citizens after Brexit.
What if you leave the UK and want to come back?
Status holders sometimes leave for a year or two, for a job, family or a gap in life, and wonder what is left on their return. The honest answer is that it depends on how long you were away and on the rules in force when you come back, so do not rely on a friend's story. Before a long absence, read the GOV.UK page on what settled and pre-settled status mean, and write down your travel dates.
If you hold a passport that expires while you are away, renew it and update your UKVI account. A status that cannot be linked to a valid travel document is a status you will struggle to prove at the border.
What do settled and pre-settled status let you do?
You can work for an employer or on your own account, which is why the scheme matters for freelancers. You can use the NHS, with no Immigration Health Surcharge to pay; see healthcare in the UK for expats. You can study, apply for a National Insurance number, rent a home, and in some cases claim benefits, with conditions that depend on your status and situation. You can usually bring certain family members if they qualify.
Voting rights are more mixed. For local elections in England and Northern Ireland, GOV.UK says an EU citizen can vote if they have had permission to enter or stay, or have not needed it, continuously since 31 December 2020. Citizens of Denmark, Luxembourg, Poland, Portugal and Spain are listed separately. In Wales, citizens of EU countries can vote, and in Scotland what counts is permission to enter or stay. Check the GOV.UK voting pages before you assume.
What are the common traps with the EU Settlement Scheme?
- Letting your pre-settled status run down without checking it. The five-year extension helps, but you must still watch your email and your residence history.
- Thinking the deadline is the end of the story. Family members and upgraders have different rules.
- Believing a partner's status covers you. Each person needs their own record.
- Ignoring absences. Long periods outside the UK can matter, so check the current rule on GOV.UK before an extended stay abroad.
- Using paid "helpers". The application and the upgrade are free.
If your case involves a refusal, a criminal record or a missed deadline, a regulated adviser is worth the fee.