The EU Settlement Scheme – EUSS

The United Kingdom left the European Union on the 31st December 2020. Since that day the rules on free movement of European citizens no longer apply to the UK.

The EUSS was introduced to protect the right to live (work, rent, access to healthcare, benefits and pensions) in the UK of EU, EEA, Swiss citizens and their eligible family members.

EU, EEA, Swiss citizens who entered the UK before the Brexit (31/12/2020) should have applied by now to the EUSS. If you are an EU, EEA, Swiss citizen eligible to apply and have not applied yet, please contact us immediately as your application will be considered a late application and must be submitted as soon as possible.

Eligible family members can continue applying to the EUSS, they can apply for a Family Permit, for a Pre-Settled Status and once they have completed a 5-year qualification period living in the UK they can apply for a Settled Status.

To apply for a Family Permit outside the UK or Pre-Settled Status inside the UK, as a family member you will generally need:

• Your passport.

• Your EU, EEA, Swiss citizen family member EUSS reference number.

• Proof of relationship: marriage certificate(s), birth certificate(s) or evidence of cohabitation depending on the type of relationship you have with your European family member.

• Proof of dependency: in some cases, you will need to provide evidence to prove you are dependent on your European family member (this generally applies to parents, grandparents and children over the age of 21).

• Applicant’s Family Permit and/or passport entry stamp (applications for Pre-Settled Status only).

Eligible family members are:

• Partners (spouse, civil partner and unmarried partner)

• Children and Grandchildren

• Parents and Grandparents

Please note that siblings, cousins, nieces, nephews and other extended family members can no longer apply as dependents of EU, EEA and Swiss citizens. It was possible before Brexit to sponsor them under European law but it is no longer possible under the EUSS.

Partners (spouse, civil partner and unmarried partner)

If you are the spouse, the civil partner or the unmarried partner of an EU, EEA, Swiss citizen living in the UK, you can apply for a Family Permit or Pre-Settled Status to enter and settle in the UK with them, to apply you must show:

• Your EU, EEA, Swiss citizen family member entered the UK before the 31st December 2020 (and has been granted Settled or Pre-Settled Status) and your relationship legally existed before the 31st December 2020.

If you are married or in a civil partnership, this means that your marriage or civil partnership must have taken place before the 31st December 2020. 

If you are an unmarried-partner, this means that you lived together for two years prior to the 31st December 2020 with your EU, EEA, Swiss citizen family member and have evidence of your cohabitation period. 

If you meet these criteria, you can apply for a Family Permit and/or Pre-Settled Status. 

If your marriage or civil partnership was celebrated after the 31st December 2020, or you completed the two years of cohabitation after the 31st December 2020 then you must then apply for a Partner Visa under British law. 

Children and Grandchildren

European nationals can continue bringing their children and grandchildren (also children and grandchildren of their spouse or civil partner) to the UK. Depending on the nationality of the child or grandchild they can apply for a Family Permit or directly for Pre-Settled Status. 

To apply they will need the following documents:

• Passport.

• EU, EEA, Swiss citizen parent or grandparent EUSS reference number.

• Those under the age of 21 can apply simply by showing their relationship to the European parent or grandparent – birth certificate(s).

• Those 21 years old or older must show -in addition to the relationship- evidence of dependency on their European parent or grandparent.

Parents and Grandparents

Parents of EU, EEA, Swiss citizens can join them in the UK if they can prove that they are dependent on them. Depending on the nationality of the parent or grandparent they can apply for a Family Permit or directly for Pre-Settled Status. Please note this category also includes parents and grandparents of the spouse or civil partner of the EU, EEA, Swiss citizen – meaning parents-in-law of the EU, EEA, Swiss citizen. 

To support their applications they will have to to present the following documents:

• Passport

• EU, EEA, Swiss citizen family member EUSS reference number.

• Proof of relationship – birth certificate(s) and marriage certificate for parents-in-law.

• Evidence of dependency on their EU, EEA, Swiss citizen family member.

For those family members entering the UK (with a tourist visa and Family Permits) it is extremely important to apply for Pre-Settled Status as soon as possible after their entry – within the first 90-days after their arrival to the UK. 

Settled Status

Most EU, EEA, Swiss citizens and family members must complete a 5-year period living in the UK to apply for Settled Status, except children under the age of 21. Children under the age of 21 are entitled to apply for Settled Status as soon as one of their parents is granted Settled Status, they should simply reapply as soon as any of their parent is granted Settled Status.

The government has confirmed plans to automatically upgrade Pre-Settled Status to Settled Status. We will keep you informed about this development, but until now our recommendation is to apply for Settled Status as soon as you are entitled to it.