EU Settlement Scheme (EUSS)

It is exceptionally important to include all required documentary evidence for a EUSS application not to get a refusal because of insufficient evidence provided. Every case is different, and depending on your particular circumstances, you may be required to provide additional evidence.

Below is a list of the most commonly required documents required to apply for the settlement. The evidence below will also be required when you switch from the pre-settled status to the settled status:  

• A valid passport or other proof of identity
• Proof of continuous residency in the UK for at least 5 years before 31 December 2020
• Proof of eligibility to apply after the grace period for EUSS applications expired on 30 June 2021
• Proof of relationship to your family member, under their eligibility or status under the EUSS, if you are applying to join or remain with them in the UK

If your child is eligible, they will be required to apply on a separate application. To be eligible:  

• your child must be aged 21 or less and
• you, the child’s other parent or the child must be a national of the EU, Switzerland, Norway, Iceland or Liechtenstein or
• your child was born, adopted or joined you in the UK on or after 1 April 2021 or
• if born before 1 April 2021, you must provide any evidence confirming “reasonable grounds” for not applying by the deadline or
• your child was born in the UK, but is not a British citizen, hence will need to apply under EUSS. 

The following documents will be required to make a EUSS application for a child:  

• A valid passport or other proof of your child’s identity
• Proof of your relationship to the child, such as a Birth or adoption certificate
• Proof of when you started living in the UK, if you have not applied for EUSS
• Proof of if your child was born or adopted on or after 1 April 2021
• Proof of when your child started living in the UK, if they joined you after 31 December 2020
• Proof of the child’s continuous residence

If you are not a national of the EU, Switzerland, Norway, Iceland or Liechtenstein, but a family member is, you may be able to apply for the EUSS, if:  

• the member of your family started living in the UK by the deadline on 31 December 2020 and
• the member of your family has a settled or pre-settled status, or have applied for such status, or is eligible to apply for such status, and
• you are joining them in the UK on or after 1 April 2021, and
• You have previously had a family member a national of the EU, Switzerland, Norway, Iceland or Liechtenstein or
• You are a family member of a British national who resided with you in the EU, Switzerland, Norway, Iceland or Liechtenstein or
• You are a family member of a British national who is also a national of the EU, Switzerland, Norway, Iceland or Liechtenstein and they lived in the UK as a national of one of these countries before becoming British or
• You have an eligible family member from Northern Ireland or
• You are studying in the UK and you are a child of a national of the EU, Switzerland, Norway, Iceland or Liechtenstein, who used to live and work in the UK or
• You are a family member of a person exempt from immigration control or
• You are a family member of a “frontier worker”, who works in the UK, is a national of the EU, Switzerland, Norway, Iceland or Liechtenstein and lives elsewhere.

You can apply for the EUSS from either inside or outside the UK if you can provide the required evidence of entitlement to make such an application. There is no fee for the application or the Immigration Health Surcharge.

You should get a decision on your EUSS application within 5 working days, however, it may take much longer, if any further information might be required. Since they have been delays in processing the applications beyond the published deadlines, we advise you to check any updates on current EUSS processing times.

You will get a decision letter by post informing you if your application under EUSS has been successful. This letter cannot be used to prove your settled or pre-settled status in the UK.  

If you are not a national of the EU, Switzerland, Norway, Iceland or Liechtenstein and did not have a Biometric Residence Card (BRC), you will be sent one by post. The BRC cannot be used to travel abroad, and, if required, you will need to apply for a visa. However, your BRC and your passport will be required when you return to the UK. The BRC will only be valid until 31 December 2024, although your status will remain unaffected after this deadline. From 1 January 2025, all immigration status-related checks will be performed online only.  

Once your application is successful, you will be given a “share code” to be used online (if you have a UKVI account) to view or prove your immigration status in the UK to someone else, update your details and check what rights you have in the UK.  

If you require to prove your status under the EUSS to other persons, you will receive a share code so that they can view online your immigration status and rights. There is a designated online service for employers to check the right of prospective applicants to work in the UK. There is also a service for the landlords to check the prospective tenants’ right to rent in the UK.

If your application for EUSS has been refused, you will have a right to appeal to the First Tier Tribunal (Immigration and Asylum Chamber).  

If you received a Pre-settled Status and believe you are eligible for a Settled Status, you may be able to apply for Administrative Review (if a mistake was made by the decision maker when deciding on your application). 

Our solicitors can assist you with challenging your decision made under the EUSS as it can be a complex immigration matter requiring specialist legal support, advice and representation.  

Get in touch with our team today and one of our solicitors will contact you to discuss your application support requirements.