Final Deadlines and Late Application Criteria for the EU Settlement Scheme

The official deadline for EEA nationals and their family members who were residing in the UK before 31 December 2020 to apply under the EU Settlement Scheme was 30 June 2021. Individuals who had not yet accrued five years of continuous residence were eligible to apply for Pre-Settled Status, with the opportunity to transition to Settled Status upon completing the necessary residence period.

Applicants who missed the initial deadline may still have an opportunity to regularize their immigration status provided they can demonstrate a valid reason for submitting a late application. For a detailed explanation of acceptable justifications and recent updates, refer to the latest official guidance on delayed submissions under the EU Settlement Scheme.

Swiss nationals retain the right to sponsor their spouse or civil partner to join them in the UK until 31 December 2025 on the condition that the relationship commenced between 31 December 2020 and 31 December 2025 and remains ongoing.

Additionally, family members of British citizens who had been living together in an EEA country (under the Surinder Singh route) were required to apply under the scheme by 29 March 2022. Nevertheless, the Home Office still permits late applications in specific circumstances. For further clarity, consult the updated guidance regarding late Surinder Singh applications.

Individuals residing in the UK with limited leave to enter or remain that expires after 30 June 2021 are required to submit their application to the EU Settlement Scheme before the expiration of their current leave. This applies unless you are a visitor joining a family member in the UK in such cases, the application must be lodged within three months of arrival, provided there are no exceptional circumstances causing delay.

Comprehensive Update on EU Settlement Scheme Deadlines and Eligibility

Revised Policy on Submitting Late EU Settlement Scheme Applications

Specific Guidelines for Late Surinder Singh Route Applications

Legal Strategies to Minimise Delays in the Application Process

Legal Standing of EU Settlement Scheme Applicants After 30 June 2021

Eligibility Criteria for Pre-Settled Status – EU Settlement Scheme

To qualify for Pre-Settled Status under the UK’s EU Settlement Scheme, applicants must demonstrate to UK Visas & Immigration (UKVI) that they fall within one of the eligible categories. These include:

• Being a qualifying citizen of an EEA country;
  
  
• Being a direct family member of a qualifying EEA national;
  
  
• Being a family member who retains the right of residence through a prior relationship with an eligible EEA citizen;
  
  
• Holding a derivative right to reside in the UK;
  
  
• Possessing a Zambrano right to reside.

Additionally, applicants must have been living in the United Kingdom on or before 31 December 2020 and must not yet meet the full 5-year continuous residence requirement necessary for Settled Status under the same scheme.

For individuals applying as joining family members, the following must be demonstrated:

• The applicant is a joining family member of a qualifying sponsor (an EEA national or someone with EU Settlement Scheme status);
  
  
• Or the applicant is a family member who has retained their residence rights based on a past relationship with a qualifying sponsor;
  
  
• The applicant is ineligible for Settled Status only because the 5-year residence threshold has not been met.

Where the joining family member currently resides outside the UK, it may be appropriate to first apply for an EU Settlement Scheme Family Permit before making a Pre-Settled Status application.

Each applicant’s eligibility will depend on specific circumstances, and the application process can be complex. For professional guidance tailored to your situation, you are advised to consult with a qualified immigration solicitor at Link and Day Lawyers.

Understanding Pre-Settled Status Under the EU Settlement Scheme

Pre-Settled Status is granted to individuals applying through the EU Settlement Scheme who have not yet completed five continuous years of residence in the United Kingdom.

To be eligible, you must have begun residing in the UK on or before 31 December 2020. For family members joining later, the EU, EEA, or Swiss national with whom you share a relationship must have been living in the UK prior to this cut-off date, and your relationship must have been established before that time.

With Pre-Settled Status, you are permitted to live in the UK for up to five years from the date your status is granted. During this period, you may spend up to two consecutive years outside the UK without automatically losing your Pre-Settled Status. However, to transition to Settled Status in the future, you must maintain continuous residence in the UK.

Once you can evidence five years of uninterrupted residence, you will be eligible to apply for Settled Status. This application must be completed before your current Pre-Settled Status expires.

Who Is Eligible to Apply for the EU Settlement Scheme?

The EU Settlement Scheme is primarily intended for nationals of the European Union (EU), European Economic Area (EEA), or Switzerland. If you are a citizen of any of these regions and wish to continue living in the United Kingdom after Brexit, it is essential to secure your status under this scheme.

In addition, individuals who are not EU, EEA, or Swiss nationals but are related to someone who is may also qualify. Eligible family members include spouses, civil partners, unmarried partners, children, grandchildren, or great-grandchildren under the age of 21. It also extends to dependent children over 21, as well as dependent parents, grandparents, great-grandparents, or other dependent relatives of an EU, EEA, or Swiss citizen or their partner.

Extended Eligibility for the EU Settlement Scheme

You may also be eligible to apply even if you are not an EU, EEA, or Swiss citizen under specific circumstances. These include:

• Being a family member of an EU, EEA, or Swiss national who has retained their right of residence following a divorce, separation, or the death of the sponsoring individual.
  
  
• Having lived with a British citizen in an EEA member state before returning to the UK, benefiting from what is commonly known as Surinder Singh rights.
  
  
• Being related to a British citizen who also held EU, EEA, or Swiss nationality and exercised treaty rights in the UK prior to obtaining British citizenship.
  
  
• Acting as the primary caregiver for a British, EU, EEA, or Swiss citizen.
  
  
• Being the child of an EU, EEA, or Swiss citizen who formerly lived and worked in the UK, or the child’s primary carer.

Who Is Exempt from the EU Settlement Scheme Application?

Certain individuals are not required to apply under the EU Settlement Scheme. If you hold Indefinite Leave to Enter (ILE) or Indefinite Leave to Remain (ILR) in the UK, you are already legally settled and therefore exempt. Likewise, Irish citizens, including those who possess both British and Irish nationality (dual citizenship), are not obligated to submit an application.

Those who are British citizens or are exempt from UK immigration control are also ineligible to apply.

Additionally, if you are employed in the UK but reside elsewhere classified as a Frontier Worker you are not required to apply to the EU Settlement Scheme. Instead, you should pursue a Frontier Worker Permit. However, non-EEA family members of Frontier Workers must still apply under the EU Settlement Scheme to secure their rights in the UK.

Understanding Your Rights with Pre-Settled Status

Securing Pre-Settled Status through the EU Settlement Scheme provides individuals with unrestricted rights to reside, work, study, and travel to and from the United Kingdom. This legal recognition ensures you can fully participate in UK life without additional immigration barriers during your qualifying period.

Applying for Pre-Settled Status from Abroad

Applications for Pre-Settled Status can be submitted both from within the UK and overseas. However, it is essential to remain aware of the application deadlines and the specific provisions for late submissions. Non-EEA nationals applying from outside the UK must satisfy additional eligibility criteria, which Link and Day Lawyers can guide you through with clarity and precision.

Fees and Charges for Pre-Settled Status Applications

There is no government fee charged by the Home Office for submitting an EU Settlement Scheme Pre-Settled Status application. Furthermore, applicants are exempt from paying the Immigration Health Surcharge, making this route a cost-effective option for those seeking residence under the scheme.

EU Settlement Scheme Processing Times

According to the Home Office, most EU Settlement Scheme applications are processed within approximately five working days, provided all necessary documentation is submitted and no additional details are requested. Nonetheless, the decision-making process may extend up to one month. In some instances, applicants may experience further delays due to ongoing and widely reported backlogs in case handling.

What to Do If Your EU Settlement Scheme Application Is Refused 

If your EU Settlement Scheme application is unsuccessful, you are entitled to challenge the decision. Depending on your circumstances, this can be done either through an appeal to the First-tier Tribunal (Immigration and Asylum Chamber) or by requesting an administrative review. Link and Day Lawyers can offer expert legal support to help you navigate the appeals process and safeguard your rights.

How Link and Day Lawyers Can Support You

At Link and Day Lawyers, we offer dedicated immigration services tailored for EU, EEA, and Swiss nationals, as well as their family members, seeking to apply under the EU Settlement Scheme.

Whether you’re looking for strategic legal guidance, a detailed assessment of your eligibility, or comprehensive assistance with preparing your application or lodging an appeal, our team of experienced immigration professionals is here to support you every step of the way.

We are committed to delivering clear, accurate, and responsive immigration support. Our team takes a client-focused approach, ensuring that each case is handled with care, professionalism, and attention to detail. Link and Day Lawyers aims to make the immigration process as smooth and straightforward as possible for every client we serve.