EU Settlement Scheme
Written in plain language for general understanding. This is educational content, not legal advice. Based on UK Acts of Parliament, statutory instruments, and official guidance.
UK National Law
What is this right?
The EU Settlement Scheme (EUSS) was set up to protect the rights of EU, EEA, and Swiss nationals (and their family members) living in the UK before the end of the Brexit transition period (31 December 2020).
Two types of status were granted:
- Settled status: For those with 5 years' continuous residence — gives indefinite leave to remain. No expiry.
- Pre-settled status: For those with less than 5 years' residence — valid for 5 years, after which you can apply for settled status.
People with settled status have the same rights as British citizens to work, study, access benefits, and use the NHS.
When does it apply?
- You are an EU, EEA, or Swiss national (or their family member) who was resident in the UK by 31 December 2020.
- The main deadline to apply was 30 June 2021, but late applications are still accepted if you have "reasonable grounds" for the delay.
- Pre-settled status holders should apply for settled status once they have 5 years' continuous residence. Since January 2026, UKVI has been proactively upgrading eligible pre-settled holders to settled status where HMRC records confirm eligibility. If pre-settled status expires, it is now automatically extended for a further 5 years.
- Family members (including non-EU spouses and children) can also apply if they were resident with the EU national by the deadline.
What should you do?
- If you haven't applied yet but were living in the UK by 31 December 2020, apply as soon as possible with a reasonable grounds explanation for the delay.
- Prove your identity and residence — the app accepts passports and can check HMRC and DWP records automatically.
- If you have pre-settled status, apply for settled status once you've completed 5 years' continuous residence.
- If your application is refused, you have the right to an administrative review (free) and then a right of appeal to the First-tier Tribunal.
What should you NOT do?
- Don't assume you're automatically covered just because you lived here before Brexit — you must apply.
- Don't let pre-settled status expire without applying for settled status — losing status can affect your right to work, rent, and access services.
- Don't leave the UK for more than 5 continuous years with settled status (2 years for Swiss nationals, or 12 months with pre-settled status) — your status will lapse.
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