Global Mobility & Immigration Law

EU Settlement Scheme for EU Citizens in the UK

Author: Bhavneeta Limbachia

The UK is anticipated to leave the EU on 29 March 2019 (unless the two-year notice period is extended by agreement between the UK and EU). The new EU Settlement Scheme fully opens on 30 March 2019. The deadline to apply for the EU Settlement Scheme, if you would like to remain in the UK after 31 December 2020, is 30 June 2021. If you are an EEA citizen or a family member of an EEA citizen then you can apply as long as you are a resident of the UK by 31 December 2020.

How to apply

  • Online application
  • You will need proof of identity, residence in the UK and relationship to a family member (if applicable)
  • You will need to pay the application fee (£65 for adults, £32.50 for children and free if you have permanent residence, pre-settled status and Indefinite Leave to Remain)
  • You will need to enrol your biometrics

How to prove identity

You will need to provide your passport or national ID card. If you are a non-EU family member then you can provide a valid passport, biometric residence card/permit. You will be able to scan your documents using the EU exit app or by sending documents by post.

Residence

You need to be resident in the UK for a continuous period of 5 years in order to be eligible for settled status. If you have been resident in the UK for less than 5 years then you will be eligible for pre-settled status. Although once you accrue 5 years in the UK you will be eligible for settled status.

Please note that continuous residence means that you have not been absent for more than 6 months for every 12 month period of residence with the exception of a single period of up to 12 months for exceptional circumstances such as pregnancy, child birth or a serious injury.

You will be able to provide your national insurance number when you apply for an automated check of residence based on tax and certain benefits. If the check does not produce a sufficient result then further documents will be required.

Please note there are also circumstances by which you will be able to acquire settled status before 5 years of continuous residence such as being unable to work due to permanent incapacity, reaching state pension age/early retirement and starting employment or self-employment in another EU country.

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