EUSS Application

EUSS Pre-settled and Settled status Applications in the UK

The European Union Settlement Scheme (EUSS) was introduced to protect the rights of EU, EEA, and Swiss nationals living in the UK after the UK left the European Union (i.e. Brexit). If you were residing in the UK before 31 December 2020, you may still be eligible to apply under this scheme if you have never done so, or if you have already been refused, under specific conditions, even after the initial application deadline of 30 June 2021 has now lapsed.

People holding pre-settled status should apply for settled status after completing five continuous years of residence in the UK.

The UK Visa and Immigration has announced that they aim to convert some straightforward pre-settled status into settled status without the need of an application, but this is not yet in force and applicants are encouraged to be proactive in securing their settled status as soon as they become eligible.

Pre-settled status is granted to those with less than five years of residence in the UK, while settled status is for those who have lived in the UK for five years or more.

Many EUSS applications are now complex. You may be concerned about excessive absences, which may have broken the continuity of your UK residence, or you are not sure if you can submit a new application, when you have been refused.

In handling the complexities of EUSS applications, MGBe Legal provides you with trustworthy guidance, especially if you’re making late submissions or facing unique circumstances. Whether you are joining a family member or need clarity on your eligibility, get legal support from our immigration lawyers in the UK to ensure your successful settlement.

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Late Applications

Late Applications

If you have missed the deadline for the EUSS application ,or you have been incorrectly refused, for example because you did not understand what evidence the UKVI requested you to provide during the course of your application, you might still be eligible to apply if you have ‘reasonable grounds’ for the delay. The Home Office accepts late EUSS applications based on specific criteria like unawareness of the requirement, reliance on outdated residence documents, compassionate personal circumstances and other issues.

At MGBe Legal, our immigration lawyers are experts in late EUSS applications. Our immigration will consult with you to assess your situation, evaluate your evience, and manage the process to maximise your chances of a successful EUSS application.

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Joining Family Members

If you are a family member of someone holding pre-settled or settled status under the EU Settlement Scheme (EUSS), or of a naturalised British citizen who previously held EUSS status, you may be eligible to join them in the UK. EUSS joining family members applications apply to partners, children under 21, dependent children over 21, and dependent parents.

You should provide evidence of your eligibility and of the relationship with your sponsor, and provide evidence of dependency where required.

MGBe Legal assists you with the correct directions of the process, from evaluating your eligibility to preparing a complete EUSS application. With our UK immigration expertise, we ensure your EUSS application is accurate, compliant, and supported by the required evidence.

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Joining Family Member

Appeal against EUSS Application Refusal

If your EUSS application has been refused, you may appeal the decision. Generally, the Home Office provides a refusal notice with reasons for refusal and details of your appeal rights, if applicable.

You have a right of appeal if you have been denied EUSS status or granted pre-settled status instead of settled status. Your appeal must be filed with the First-Tier Tribunal (Immigration & Asylum Chambers) within 14 calendar days of the refusal notice, if you are in the UK, or 28 days if you are outside the UK.

MGBe Legal helps you prepare your appeal, and addresses all issues highlighted by the Home Office. Our immigration lawyers ensure your case is professionally presented and managed.

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Requirement for EUSS Application in the UK

Evidence of Eligibility

You must provide proof of your identity, continuous residence in the UK, and, if applicable, your relationship to a qualifying family member. If joining or remaining with a family member, you must show evidence of their EUSS eligibility or status.

Settled or Pre-Settled Status

You can apply for settled status if you have lived in the UK continuously for at least five years. You can apply for pre-settled status if your continuous residence is less than five years.

Acceptable Evidence

You have to submit evidence of your residence by providing documents such as council tax bills, mortgage statements, tenancy agreements, bank statements, payslips, or utility bills.

Exceptional Situations

If you have excessive absences, you might still be able to apply, depending on the length of your absence of absences, and on the reasons why you could not return to the UK sooner.

Acceptable reasons for a break in your continuous residence in the are for example pregnancy, serious illness, study, vocational training, or an overseas work posting. Specific Covid-related exceptions are detailed in the UKVI EUSS guidance.

Residency and Nationality

You must be an EU, EEA, or Swiss citizen, or an EEA or non-EU EEA family member of one. You must have been living in the UK by 31 December 2020 or be joining or remaining with a family member who met this specification.

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  • Valid passport or national identity card from one of the EU countries or, Switzerland, Norway, Iceland, or Liechtenstein.
  • Biometric residence card (BRC) or biometric residence permit (BRP) if you’re not from the EU, Switzerland, Norway, Iceland, or Liechtenstein.
  • Digital photo of your face
  • Proof of continuous residence in the UK such as utility bills, bank statements, employment records, or tenancy agreements.
  • National Insurance number for residence check
  • Evidence of why you’re applying after the deadline, if applicable, for example, a letter from a doctor detailing serious medical grounds.
  • Evidence of your relationship to a family member if you are applying to join or remain with them like birth, marriage, or civil partnership certificate.
  • Evidence of family member's status under the EUSS like pre-settled or settled status.
  • Evidence of ‘reasonable grounds’ for not applying by the deadline (if applicable).
  • Certified translations for any documents not in English or Welsh.
  • There is no application fee to apply for the EU Settlement Scheme (EUSS), and also no Immigration Health Surcharge applies.
  • Generally, EUSS applications are supposed to be processed quickly, but at present it may take several months for complex applications. The timescale may vary as per your specific circumstances.
  • Prepare the required documents for your application.
  • Begin the online EUSS application on the official Home Office website or on your mobile phone, using the dedicated App to carry out the identification process.
  • Verify your identity with your passport or national identity card.
  • Fill up your online EUSS application form with the necessary documents and details.
  • Upload supporting documents.
  • Review and submit your EUSS application and receive a confirmation email.
  • If you submit a late application, the UKVI will first tell you if the accept the application as “valid” or reject it for being late, without considering it in its merits.
  • Wait for a decision from UKVI.
  • Your EUSS status is digital.

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    FAQs

    1What is the EU Settlement Scheme (EUSS)?
    The EU Settlement Scheme enables EU, EEA and Swiss citizens, and their family members, who were living in the UK before 31 December 2020, to secure their right to remain in the UK after Brexit.
    2Who needs to apply for the EUSS in the UK?
    Most EU, EEA and Swiss citizens, and their eligible family members, should apply if they wish to continue living, working, or studying in the UK after Brexit, unless they have indefinite leave to remain or are Irish citizens.
    3What is the difference between pre-settled and settled status?
    Pre-settled status is for those who have lived in the UK for less than five years; settled status is for those with at least five years of continuous residence, granting more secure rights.
    4Can I apply for EUSS after the deadline?
    Yes, late applications may be accepted if there are reasonable grounds for missing the 30 June 2021 deadline, such as compassionate circumstances or lack of awareness.
    5What evidence is needed for an EUSS application?
    Applicants must provide proof of identity and continuous residence in the UK, which may include utility bills, bank statements, and employment records.
    6What should I do if I missed the EUSS application deadline?
    If you missed the EUSS deadline, you may still apply if you have reasonable grounds for the delay, such as not knowing about the requirement, relying on outdated documents, or facing compassionate circumstances. MGBe Legal can review your situation and evaluate your evidence to maximize your chances of a successful late application.
    7Can I include my partner and children in my EUSS application?
    Yes, if you are a family member of someone with pre-settled or settled EUSS status, you can apply to join them as a partner, child under 21, dependent adult child, or dependent parent or grandparent. You will need to provide evidence of your relationship and dependency where required.
    8What happens if my EUSS application is refused?
    You have the right to appeal within 14 days (if in the UK) or 28 days (if outside the UK) to the First-Tier Tribunal. Your appeal should address all reasons given for refusal in the Home Office notice. Our lawyers will help prepare your appeal and ensure it is professionally presented.
    9Can I be away from the UK and still maintain continuous residence for EUSS?
    Yes, some periods away are acceptable if you have valid reasons like pregnancy, serious illness, study, vocational training, or overseas work posting. However, excessive absences may break your continuous residence, depending on their length and reasons.
    10Is there a fee to apply for EUSS, and how long does it take?
    There is no application fee for EUSS, and no Immigration Health Surcharge applies. Processing time varies, and at present applications may take several months depending on complexity and on your circumstances.
    11What specific documents prove I have lived in the UK continuously?
    You can provide council tax bills, mortgage statements, tenancy agreements, bank statements, payslips, utility bills, and employment records. You will also need to provide your National Insurance number, if you have one, to verify your residence with the Home Office.
    12Will my EUSS status be a physical card or document?
    Your EUSS status is completely digital and stored in the Home Office system, so there's no physical cards or documents issued. You can access and prove your status digitally whenever needed for work, travel, or other purposes.
    13My pre-settled status is expiring—what should I do?
    The Home Office now automatically extends pre-settled status by 5 years to ensure no one loses their rights. However, you should apply for a Settled Status as soon as you have completed 5 years of continuous residence.