EU Settlement Scheme Application Deadline – What You Need to Know

The final date to submit an application under the EU Settlement Scheme for EEA citizens and their family members residing in the UK before 31 December 2020 was 30 June 2021, marking the conclusion of the official ‘Grace Period’. Individuals who had not yet completed the required five-year residence period to qualify for Settled Status were permitted to apply for Pre-Settled Status. After maintaining continuous residence in the UK for five years, they would then become eligible to upgrade to Settled Status.

If you did not submit your application for either Settled or Pre-Settled Status under the EU Settlement Scheme by the official deadline, you may still have an opportunity to apply provided you can demonstrate valid and compelling reasons for the delay.

Swiss nationals may continue to sponsor their spouse or civil partner for relocation to the UK until 31 December 2025, provided their relationship was established between 31 December 2020 and 31 December 2025 and remains ongoing. This provision enables Swiss citizens to maintain family unity despite post-Brexit immigration reforms.

British citizens who previously resided in an EEA member state with their non-British family members were required to submit an application under the EU Settlement Scheme by 29 March 2022. Nevertheless, recent policy developments allow for late submissions in qualifying circumstances. For detailed legal insights, refer to the updated Home Office position on Late Surinder Singh Route Applications.

Individuals currently residing in the UK on limited leave to enter or remain, valid beyond 30 June 2021, must file an EU Settlement Scheme application prior to the expiration of their existing visa.

• Recent changes to EU Settlement Scheme deadlines
  
  
• Official clarification on late application allowances
  
  
• Practical advice to prevent delays in your application process
  
  
• The legal implications for applicants post-30 June 2021

Eligibility Criteria for Settled Status in the UK

To be granted Settled Status under the EU Settlement Scheme, you must demonstrate to UK Visas and Immigration (UKVI) that you meet specific eligibility criteria. These include:

• You are an eligible EEA national;
  
  
• You are a family member of an eligible EEA national;
  
  
• You are a family member who has retained your right of residence through a previous relationship with an EEA citizen;
  
  
• You possess a derivative right to reside in the UK (such as under the Chen or Ibrahim/Teixeira rulings);
  
  
• You qualify under the Zambrano principle as a non-EEA primary carer of a British citizen.

Additionally, you must prove that:

• You were residing in the United Kingdom by 31 December 2020 (unless you are a joining family member who arrived after this date and have since completed five continuous years of qualifying residence);
  
  
• You have maintained a continuous residence in the UK for a minimum of five years without significant absences.

It’s important to note that the specific documentation and legal criteria required may vary depending on your personal and immigration history.

Understanding Settled Status in the UK

Settled Status is a form of immigration status available through the EU Settlement Scheme. It is awarded to individuals who can demonstrate continuous residence in the UK, the Channel Islands, or the Isle of Man for at least five consecutive years. To qualify unless applying as a joining family member you must have begun residing in the UK on or before 31 December 2020.

With Settled Status, you are permitted to live in the UK permanently without immigration restrictions. This status also allows you to remain outside the UK for up to five consecutive years (or up to four years if you are a Swiss national) without jeopardising your status.

Proving Continuous Residence for 5 Years in the UK

To meet the requirements for Settled Status in the UK, most applicants must prove continuous residence over a five-year period. This typically involves demonstrating that you have been physically present in the UK, the Channel Islands, or the Isle of Man for at least six months in each 12-month period within a continuous five-year timeframe.

However, the UK Immigration Rules allow certain permissible absences that do not disrupt the continuity of your residence. These include:

• A single absence of up to 12 months for significant reasons such as childbirth, serious illness, overseas employment, study, or vocational training
  
  
• Any duration of absence due to compulsory military service
  
  
• Time spent abroad as a Crown servant or accompanying a Crown servant
  
  
• Time spent overseas while serving in the armed forces or accompanying a family member in the armed forces

The Home Office has also implemented specific concessions for COVID-19-related absences, allowing some flexibility for individuals impacted by the pandemic.

From July 2025, an important amendment allows individuals with pre-settled status to qualify for settled status if they can show a total of 30 months of residence within the 60 months immediately preceding their application date.

Who is Eligible to Apply Under the EU Settlement Scheme?

If you are a citizen of the EU, EEA, or Switzerland, you are generally expected to apply to the EU Settlement Scheme. It is essential to assess whether your circumstances fall within the specific application deadlines that apply under current immigration regulations.

Additionally, if you are not an EU, EEA, or Swiss national but are a qualifying family member of someone who is, you may also be eligible to apply. It remains crucial to determine if any deadlines are relevant to your application based on your status and relationship.

Qualifying family members can include spouses, civil partners, or unmarried partners of EU, EEA, or Swiss nationals. This also extends to children, grandchildren, and great-grandchildren under the age of 21, as well as dependent children over 21, and dependent parents, grandparents, great-grandparents, or other dependent relatives whether they are related to the EU, EEA, or Swiss national directly or to their spouse or civil partner.Each category of family relationship may require distinct supporting documentation, and most relationships must have been established before 31 December 2020. If the family member currently lives outside the UK, an application for an EU Settlement Scheme Family Permit may be necessary before proceeding with the main settlement application.

Who Else May Qualify Under the EU Settlement Scheme?

If you are not an EU, EEA, or Swiss national, you may still qualify for the EU Settlement Scheme under specific circumstances. Link and Day Lawyers provide expert legal support for those navigating these complex eligibility categories.

You may be eligible to apply if:

• You are a family member of an EU, EEA, or Swiss citizen and have retained your right of residence following the death, separation, or dissolution of your relationship with that citizen.
  
  
• You are related to a British citizen, and both of you previously resided together in an EEA country before moving to the UK.
  
  
• You are the family member of a dual national someone who holds both British and EU, EEA, or Swiss citizenship and who resided in the UK under EU free movement rights before acquiring British nationality.
  
  
• You are the primary carer of a British, EU, EEA, or Swiss national, and your presence is essential for their daily care.
  
  
• You are the child of a former EU, EEA, or Swiss worker in the UK, or you are the primary carer of such a child.

For more detailed information regarding these derivative rights of residence and how they relate to the EU Settlement Scheme, consult with the legal team at Link and Day Lawyers, who specialise in UK immigration matters.

Who Is Exempt from Applying to the EU Settlement Scheme?

If you hold Indefinite Leave to Enter (ILE) or Indefinite Leave to Remain (ILR) in the UK, or possess Irish citizenship including dual nationality with British and Irish status you are not required to apply to the EU Settlement Scheme.

Applicants who already have British citizenship or are otherwise exempt from UK immigration control are also ineligible to apply.

Individuals employed in the UK but residing elsewhere known as ‘Frontier Workers’ do not need to apply under the EU Settlement Scheme either. Instead, such individuals should consider securing a Frontier Worker Permit. However, non-EEA family members of Frontier Workers are still required to apply under the EU Settlement Scheme.

Rights Granted Under Settled Status

Those granted Settled Status are entitled to live, work, and study in the UK without restriction. They can also access the NHS and travel freely in and out of the country. For further information on verifying these rights

Applying to the EU Settlement Scheme from Outside the UK

Eligible individuals can submit an EU Settlement Scheme application from abroad, provided they can furnish the necessary documentation to establish their right to apply. Link and Day Lawyers can assist you in preparing the appropriate evidence and navigating the application process with clarity and precision.

EU Settlement Scheme – Settled Status Application

Application Fees for EU Settled Status

There is no fee payable to the Home Office when submitting an application for Settled Status under the EU Settlement Scheme. Additionally, applicants are exempt from the Immigration Health Surcharge, making this process more accessible for eligible individuals.

Processing Time for EU Settlement Scheme Applications

According to current Home Office guidance, standard applications for EU Settled Status are usually processed within approximately one month, provided no further documentation or evidence is requested. However, applicants should be aware that significant delays are still common due to ongoing administrative backlogs and the volume of cases being handled.

What Happens if Your EU Settlement Scheme Application is Refused?

In the event your application is declined, you may be entitled to appeal the decision through the First-tier Tribunal (Immigration and Asylum Chamber) or request an administrative review. Furthermore, if you receive Pre-Settled Status but believe you meet the criteria for full Settled Status, you may also challenge the outcome via administrative review.

How Link and Day Lawyers Can Support You

At Link and Day Lawyers, our team of dedicated immigration professionals provides tailored support to EU, EEA, and Swiss nationals and their family members seeking assistance with the UK’s EU Settlement Scheme.

Whether you need in-depth guidance on the eligibility requirements, a detailed evaluation of your chances of success, or expert help with preparing and submitting your application or appeal, our immigration specialists are here to assist every step of the way.

We are committed to delivering a client-focused approach, offering prompt, transparent, and dependable immigration advice. Our team ensures that every client receives professional, high-quality support in a respectful and approachable environment. Trust Link and Day Lawyers to simplify your settlement journey with accuracy and care.