EU & EEA Immigration Solicitors

The Home Office introduced the EU Settlement Scheme as a way for EU and EEA nationals to hold lawful immigration status in the UK after Brexit.

Under the EUSS, you can be granted:

• Pre – Settled Status (permission to remain in the UK for 5 years) – Pre-Settled Status is available to applicants who have lived in the UK for less than 5 years.
• Settled Status (permission to remain in the UK indefinitely) – Settled Status is available to applicants who have lived in the UK for 5 years. 

What are the requirements of the EUSS?

There are several requirements to be met under the EUSS, which include:

• Residence – You must have been living in the UK by 11pm on 31 December 2020 (“the cut-off date”).
• Absences – You must not have been absent from the UK for more than 6 months in a 12-month period during the period of residence relied upon. However, it is important to note that:
  • The Home Office may disregard absences for important reasons, which include childbirth, serious illness, study, vocational training, an overseas work posting or because of coronavirus (COVID-19).
  • On 16 July 2025, the Home Office introduced an exemption to the above rule for Pre-Settled Status holders applying for Settled Status. In such circumstances, you can instead show that within the 5-year period being relied upon for Settled Status, you have been present in the UK for at least 2.5 years.
• Suitability – Your presence in the UK must not be contrary to the public good for reasons including criminality.

When was the deadline to apply to the EUSS?

The deadline for most applicants to apply to the EUSS was 30 June 2021 (there are exemptions). 

Since this date, the Home Office has generally accepted late applications, however from 9 August 2023 the Home Office has implemented a much harder stance regarding late applications. 

Although it still remains possible to submit a late application the Home Office will need to be satisfied that the lateness is justified.