EU Nationals

Please note – all applications to the EU Settlement Scheme (EUSS) are free of charge.

Contents

01   Can I still enter the UK on the EU settlement scheme?

No. The deadline for most people to apply to the EU Settlement Scheme (EUSS) was 30 June 2021. EEA/Swiss Nationals wishing to enter and remain in the UK as a spouse/partner of a serving person will now need to meet the immigration rules under Appendix HM Armed Forces. All information on the requirements that will need to be met and how to apply can be found at see AFF: Visas to enter the UK

Back to top

02   Can I still enter the UK on my EU passport without a visa?

You can use your EU passport to enter for up to 6 months but only if you are intending to visit the UK. You will need an Electronic Travel Authorisation If your reason for entry to the UK is to join or accompany the serving person partner permanently, then you will need to apply for the correct visa prior to travelling. Spouses travelling to the UK recently without the relevant visa have essentially been refused entry. They have instead been granted temporary admission (called Immigration Bail) and have been told they must make an application to remain within 28 days or be removed from the UK. If you are in this position you must contact us immediately on fcsupport@aff.org.uk.

Back to top

03   Late applications to the EU Settlement Scheme for EU partners in the UK

If are in the UK and you did not apply to the EUSS by 30 June 2021, and have made no other applications to remain, you are likely to be an overstayer in the UK. You can try to make a late application under the EUSS but there is a strong chance it will be rejected.

Prior to 9 August 2023 it was relatively easy to make a late application to the EUSS, you just had to show that you had ‘reasonable grounds’ for making a late application. The list of examples of reasonable grounds was non-exhaustive and caseworkers were usually quite lenient. However in August 2023, the Home Office revised the caseworker guidance and have now significantly limited the example situations where a late application will be accepted. The caseworkers now require evidence which shows why the person missed the deadline (for example medical reasons) as well as evidence showing the reason for the delay in making the application now, years later.

If you are an EU national and did not apply to the EUSS by the deadline, and you have no other visa to remain, you should contact the F&C Team for guidance on how to regularise your status. Your options will depend on your personal circumstances.

Back to top

04   Applying for settled status

You must have been in the UK for five years, and have pre-settled status, in order to be eligible for settled status. Its free to apply. You may be automatically converted if the Home Office have enough evidence of your residency. If you have been out of the UK for more than 30 months in the last five years or more than six months in any 12 month period, you may not meet the continuous residence requirement, but there are discretions in place for Armed Forces applicants. You can also apply from overseas if you are on an overseas assignment.

  • ·Evidence of residence – you do not need to have been working or studying to be eligible. The assessment is based on UK residency only. The Home office will carry out automated checks of data held by HMRC and DWP to see if you have a digital footprint. Unfortunately these checks do not always show a complete picture of residence, in these cases the Home Office will contact you to request further evidence.
  • Examples of types of evidence that may be requested can be found on the Government website. If you are having problems evidencing your residence for the past five years you can speak to the F&C team for assistance.
  • If there isn’t enough evidence, you will be granted another period of pre-settled status, but you don’t have to wait for another five years if you can evidence your five-year residence earlier than that.
Back to top

05   What if my pre-settled status has expired?

Pre-settled status cannot expire, a person who applied for pre-settled status successfully has made the one application that is required of them and they cannot lose their residence rights for failing to make a second application to the scheme.

Back to top

06   Decision making times and proving your rights

Generally speaking, straightforward applications will be made relatively quickly, as the Home Office has all the information needed to grant settled status. However, those making late applications and those who are asked to submit additional documents should expect to wait longer, in many cases for several months

Once a positive decision has been made, applicants will receive a decision by email. The email will explain how to confirm their status online through the online checking service View and prove your immigration status: get a share code.

Back to top

07   Access to benefits and NHS

Benefits

  • Having pre-settled status means you are not defined as a person who is subject to immigration control, however you need to show that you have a ‘qualifying right to reside’ in order to apply for Universal Credit, Housing Benefit and Child Benefit. This usually means that you are working or have worked. There are exceptions to this and you should contact the F&C Team in the first instance if you would like to make an application.

NHS

  • You will only be entitled to free NHS healthcare if you have been granted settled or pre-settled status, or on proof of application, where a decision is still pending. There is more information on the Government website.
Back to top

08   Applying for citizenship

In most circumstances you will need to have settled status (and meet all other requirements in order to apply for Citizenship. However if you meet the following criteria you may be eligible with just pre-settled status

  • You’re from the EU, Norway, Iceland or Liechtenstein and started living in the UK by 31 December 2020
  • You’ve lived in the UK for five years in a row and in that time you’ve been working (or looking for work for up to three months), studying or you’re self-sufficient.

I feel more confident following the information you've given me