Application For Settled Status Under the EU Settlement Scheme (EUSS)Top of Form
Certainly, you are eligible to apply for settled status under the EU Settlement Scheme (EUSS) after completing five years of continuous residence in the UK, the Channel Islands, or the Isle of Man. This period is typically calculated from the day you initiated your continuous residence, not the day you received pre-settled status. It’s important to note that if, within the 5-year timeframe, you spent more than 6 months outside the UK in any 12-month period, you may not qualify for settled status. Switching from pre-settled status to settled status is a crucial step in securing your long-term residency rights in the UK post-Brexit.
2. Pre-Settled Status
Pre-Settled Status:
Those who arrived by December 31, 2020, but did not meet the five-year continuous residence requirement, were eligible for pre-settled status. This limited leave allows them to stay until they reach the five-year threshold, after which they can apply for settled status.
Post-Pre-Settled Status:
Individuals granted pre-settled status must apply for settled status once they have continuously resided in the UK, the Channel Islands, or the Isle of Man for five years.
Continuous residence may be lost if the applicant spends more than six months outside the UK in a 12-month period. In such cases, a further period of five years of pre-settled status may be granted.
3. EEA Nationals and Brexit
Understanding the EU Settlement Scheme
Before the UK’s departure from the EU, the government established the EU Settlement Scheme, outlined in Appendix EU of the Immigration Rules. This scheme addressed two crucial periods: firstly, for EEA citizens and their family members residing in the UK before Brexit, and secondly, for those who arrived during the implementation period up to December 31, 2020.
Key Points of the EU Settlement Scheme:
Continuous Residence and Settled Status:
EEA citizens and their family members residing in the UK continuously for five years by December 31, 2020, were eligible to apply for settled status, granting them indefinite leave to remain in the UK.
Pre-Settled Status:
Those who arrived by December 31, 2020, but did not meet the five-year continuous residence requirement, were eligible for pre-settled status. This limited leave allows them to stay until they reach the five-year threshold, after which they can apply for settled status.
Close Family Members:
Close family members living overseas (spouse, civil partner, durable partner, dependent child or grandchild, and dependent parent or grandparent) could join an EEA citizen in the UK post-implementation period, provided the relationship existed on December 31, 2020, and continues when they come to the UK.
Application Deadline:
The deadline for applications to the EU Settlement Scheme was June 30, 2021. Late applications may be considered on ‘reasonable grounds,’ such as medical reasons or domestic abuse.
Specific deadlines apply for certain applicants, such as children born or adopted in the UK on or after April 1, 2021, and family members of a British citizen returning to the UK.
Post-Pre-Settled Status:
Individuals granted pre-settled status must apply for settled status once they have continuously resided in the UK, the Channel Islands, or the Isle of Man for five years.
Continuous residence may be lost if the applicant spends more than six months outside the UK in a 12-month period. In such cases, a further period of five years of pre-settled status may be granted.
For further details and to stay updated on the evolving requirements, applicants are encouraged to regularly check the official resources provided by the UK government.
