Updated Guide to the EU Settlement Scheme (EUSS): Eligibility, Deadlines & Application Process
Are you an EU citizen living in the UK without EUSS status? You may be at risk of losing your right to live, work, and access essential services like healthcare and housing.
The EU Settlement Scheme (EUSS) remains one of the most crucial immigration pathways for EU, EEA, and Swiss nationals in post-Brexit Britain. Despite the main deadline passing in June 2021, thousands of eligible individuals can still apply through late application routes.
This comprehensive guide covers various essential topics, from eligibility requirements to successful application strategies. Whether you're applying for the first time, upgrading from pre-settled to settled status, or need help with a complex case, MGBe Legal's IAA Level 3 immigration specialists provide expert guidance throughout your settlement journey.
The EU Settlement Scheme is the UK government's legal framework designed to protect the rights of EU, EEA, and Swiss citizens following Brexit. Unlike other UK immigration routes, EUSS applications are completely free and offer a direct pathway to permanent residence.
Who Can Still Apply for EUSS in 2025?
Primary Applicants: EU, EEA, and Swiss Citizens
You can apply for EUSS if you're a citizen of any EU country, Iceland, Liechtenstein, Norway, or Switzerland, and you were living in the UK by 31 December 2020.
Continuous residence means:
- Living in the UK for at least 6 months in any 12-month period
- Absences up to 6 months per year are generally permitted
- Longer absences may be allowed for specific reasons (military service, pregnancy, serious illness)
As of 16 July 2025, the EU Settlement Scheme has revised its definition of continuous residence, introducing greater flexibility for pre-settled status holders applying for settled status. Under the previous rule, individuals could not be absent from the UK for more than six months in any 12-month period unless a specific exception applied.
The new approach instead focuses on the total time spent in the UK over a longer span: applicants will now qualify if they have been resident for at least 30 months in the most recent five years, regardless of how those months are distributed.
This update acknowledges the realities of modern mobility and aims to remedy past unfairness, particularly where extended absences were due to personal circumstances. It applies to both automated upgrades and manual applications, and reflects the UK's continuing obligations under the Withdrawal Agreement.
Beware: it appears that this update only applies to conversion applications from pre-settled to settled status, and it only refers to “the most recent five years”. It remains to be seen how this welcome update will be implemented in practice.
Family Members Who Can Apply
Eligible family members include:
- Spouses and civil partners
- Unmarried partners in a genuine relationship
- Children under 21 or dependent adult children
Family members can apply if their relationship with an EU citizen existed by the Brexit deadline and continues to exist.
Can You Still Apply After the 30 June 2021 Deadline?
Yes, late applications are accepted if there are reasonable grounds for the delay. The grace period from 1 January 2021 to 30 June 2021 allowed eligible individuals to continue living and working whilst applying. Now, late applications require compelling justification.
Reasonable Grounds for Late Applications
The Home Office recognises several valid reasons for missing the original deadline:
Medical conditions: Serious illness that prevented application, supported by medical evidence
Lack of capacity or care: Mental health conditions, learning disabilities, age-related incapacity, or being in care
Victims of abuse: Domestic violence, modern slavery, trafficking, or controlling relationships
Other compelling circumstances: Natural disasters, family emergencies, administrative errors, or unforeseen events beyond your control
Evidence Requirements for Late Applications
Late applications require comprehensive supporting evidence covering the entire period since the deadline:
- Medical evidence: Hospital records, GP letters, specialist reports demonstrating incapacity
- Timeline documentation: Proof showing continuous circumstances preventing application
- Supporting statements: Professional references from social workers, healthcare providers, or legal advocates
- Demonstration of urgency: Evidence showing you applied as soon as circumstances allowed
Step-by-Step EUSS Application Process
Pre-Application Preparation
Essential documents include:
- Valid passport or national identity card
- Proof of continuous UK residence (bank statements, utility bills, employment records)
- Evidence of any family relationships
- Supporting documents for late applications
- Medical records
- School or university attendance records and awards
- Employment history
Documents not accepted: plane tickets and boarding passes are insufficient evidence of residence in the UK. Likewise, tenancy agreements may not be accepted without invoices confirming rental payments.
Online vs Paper Applications
Most applications are made online through the official Home Office website. However, paper applications are required for specific circumstances:
- Lack of acceptable identity documentation
- Family members of EEA nationals who naturalised as British citizens
- Other reasons why it is not possible to apply online
For paper applications: Contact the Home Office EU Settlement Resolution Centre for guidance and forms.
Online Application Walkthrough
Step 1: Create your UK Visas and Immigration (UKVI) account at gov.uk
Step 2: Use the EU Exit: ID Document Check app to verify your identity digitally (available for Android and iOS)
Step 3: Complete the online form with personal details, residence history, and family information
Step 4: Upload supporting documents in PDF or JPEG format
Step 5: Submit your application
After Submission: What to Expect
If you are submitting a late application, and the UKVI accepts it as valid, you will be issued with a certificate of application (COA). This document provides protection of your rights whilst awaiting a decision. This certificate may be used to request confirmation of your right to work, rent, access NHS services, and claim benefits.
You will not receive a COA if you are switching from pre-settled to settled status.
Joining family members receive a COA if their application is considered valid. Current processing times in 2025:
- Straightforward applications: 4-6 weeks
- Complex cases: 3-4 months
- Late applications: 4-6 months
Upgrading from Pre-settled to Settled Status
If you currently have pre-settled status, you can apply for settled status once you complete 5 years of continuous residence. This upgrade is free and secure your permanent right to remain in the UK.
When to Apply for Your Upgrade
Apply as soon as you reach 5 years of continuous residence from your original arrival date, not from when pre-settled status was granted. If you don't apply for settled status before your pre-settled status expires, you'll automatically receive a 5-year extension. You'll be sent an email notification when this happens.
Since January 2025, the UKVI is automatically reviewing pre-settled status with the view of automatically upgrade them to settled status, if sufficient records of presence in the UK for the relevant 5 years period are found through cross-checks with HMRC records.
Eligible pre-settled status holders approaching expiry will be automatically converted to settled status without needing to make a further application. It is still advisable to proactively apply rather than wait for the UKVI to approach applicants.
What Are Your Rights with Settled and Pre-Settled Status Under EUSS?
Rights with Settled Status
Work rights: Unlimited employment and self-employment opportunities without restrictions
Healthcare access: access to NHS services
Education benefits: Access to higher education with home fee status and student loan eligibility
Housing rights: Full rental rights and social housing eligibility
Public funds: Access to benefits including Universal Credit, housing benefit, and child benefit, subject to financial eligibility and meeting DWP criteria
Rights with Pre-settled Status
Work and study rights: Unlimited employment and education access – home fee depends on habitual residence test.
Healthcare: NHS access
Benefits: Limited access to certain benefits (eligibility depends on specific criteria)
Travel: Can leave UK for up to 6 months in any 12-month period without affecting status
Travel and Family Rights
International travel with settled status: Leave the UK for up to 5 years without losing status (4 years for Swiss citizens)
International travel with pre-settled status: Up to 6 months abroad in any 12-month period to maintain continuous residence, with some added flexibility since the rule change in July 2025, as described above.
Family reunification: Bring eligible family members to the UK under EU Settlement Scheme rules
Path to citizenship: Apply for British citizenship after holding settled status for 12 months, or earlier subject to specific conditions.
Digital Status and eVisa Transition
From 1 January 2025, the UK uses eVisas - digital proof of immigration status replacing physical documents. Your EUSS status is already digital and accessible through the "View and Prove Your Status" service.
How to Prove Your EUSS Status
Digital verification: Use your share code and date of birth to prove status to employers, landlords, and service providers
Online access: View your status anytime through the official government website
No physical documents: The Home Office decision letter cannot be used as proof - only the digital service is valid
Take the First Step Towards Securing Your UK Future
The EU Settlement Scheme remains your most secure route to permanent UK residence. Don't let uncertainty about your immigration status continue to affect your life and your family's future in the UK.
Your Next Steps:
1. Get Your Free Assessment
- Comprehensive eligibility review
- Document requirement evaluation
- Clear guidance on your best application route
2. Secure Expert Support
- Professional application preparation
- Evidence compilation and review
- Direct Home Office communication when needed
3. Achieve Your Settlement Goals
- Long-term UK security
- Pathway to British citizenship
Why Choose MGBe Legal for Your EUSS Application?
At MGBe Legal, our team brings a unique blend of international expertise and in-depth knowledge of UK immigration law. With a strong understanding of EU citizens’ rights and years of experience handling EEA and EUSS applications, we offer clear guidance and strategic support to help you achieve a successful outcome.
Don't struggle with complex EUSS challenges alone. Our experts have solved the most difficult cases, from missing documentation to family complications.
Frequently Asked Questions
The ISL recognizes that skills shortages vary by region. Currently:
- Most occupations (20 out of 23) apply UK-wide
Three occupations are specific to Scotland:
- Fishing boat masters
- Chemical scientists in the nuclear industry
- Boat and ship builders and repairers
The Home Office determines eligibility based on the employer's "working at" address provided in the Certificate of Sponsorship.
