The EU Settlement Scheme (EUSS) is the process through which the UK fulfils its commitments under the Withdrawal Agreement and the European Union (Withdrawal Agreement) Act 2020 to safeguard the rights of EEA citizens and their families residing in the UK before the end of the transition period and beyond. It ensures that eligible individuals can secure their status to live and work in the UK post-Brexit.

The EU Settlement Scheme establishes two types of immigration status:

‘Settled status’: This status grants indefinite leave to remain to EEA nationals and their family members who have resided in the UK continuously for at least 5 years at the time of their EU Settlement Scheme application.

‘Pre-settled status’: This status offers limited leave to remain under the Immigration Rules for a period of 5 years to individuals who have not yet completed the necessary 5 years of continuous residence in the UK to qualify for settled status at the time of their application.

Broadly, the EU Settlement Scheme (EUSS) entails three main criteria:

The EU Settlement Scheme

The EU Settlement Scheme does not attract a fee and applications can be made online.

Broadly, the Scheme entails three main criteria:

Identity and validity: This involves verifying the applicant’s identity and nationality using documents like passports, national identity cards, or biometric residence cards, along with completing the required online application process.

Eligibility: Determining that the applicant is a resident in the UK and, if applicable, a family member of an eligible EU citizen.

Suitability: Criminal record checks are conducted, with grounds for mandatory refusal including deportation or exclusion orders.

Qualifying under the EU Settlement Scheme

There are several visa categories within the EU Settlement Scheme which include EU citizens, their family members, family members of certain British citizens and EU national children.

The main deadline for the EU Settlement Scheme (EUSS) application was 30 June 2021. However, the EUSS continues to function, accepting late applications and applications for settled status from individuals initially granted pre-settled status.

How can we help?

If you need assistance with your EU Settlement Scheme application or have any questions regarding your status, SMK Solicitors can provide expert guidance and support. Don’t hesitate to reach out to us for assistance with your application.