If you’re a non-EU or EEA national, or if you’re a family member of someone from the EU, EEA, or Switzerland, and you want to stay in the UK after Brexit, you must apply for Settled Status or Pre-Settled Status under the EU Settlement Scheme. The deadline for most applications was 30 June 2021, but there are still options for late applications in certain cases.
Here’s what you need to know about applying for Settled Status from inside or outside the UK.
Key Dates and Deadlines
To stay in the UK legally, EEA and Swiss citizens, and their family members, who were living in the UK by 31 December 2020 needed to apply by 30 June 2021.
However, late applications are still possible under certain circumstances. You may apply late if you:
- Are a family member of an EEA or Swiss citizen who lived in the UK by 31 December 2020 and joined them after 1 April 2021.
- Are applying for a child born or adopted in the UK after 1 April 2021.
- Are a family member of an eligible person from Northern Ireland.
- Were exempt from immigration control or lost that exemption after 30 June 2021.
- Are a family member of a British citizen who lived in the EU, EEA, or Switzerland.
Late Applications: What Counts as a “Reasonable Ground”?
If you missed the 30 June 2021 deadline, you may still apply if you have a good reason for being late. Some examples of reasonable grounds include:
- You didn’t know you needed to apply (for example, if you were a child, or your parent/guardian didn’t apply for you).
- You had a medical condition that stopped you from applying.
- You were victimized by modern slavery or were in an abusive relationship.
- You couldn’t apply because you didn’t have access to the internet or necessary documents.
- You didn’t know you could apply because you were on a work or study visa.
- You had a permanent residence card that became invalid after the deadline.
If you apply late, your rights in the UK will still be protected while your application is considered.
What You Need to Apply
To apply for Settled or Pre-Settled Status, you will need to provide evidence for the following:
- Identity: Proof of who you are (e.g., passport or national identity card).
- Residence in the UK: Evidence that you lived in the UK continuously by 31 December 2020.
- Suitability: Criminal checks will be done for applicants over 18. If you have serious criminal convictions, your application may be rejected.
- Family Relationship: If you are applying as a family member, you must prove your relationship to the EEA or Swiss citizen, as well as their status under the Settlement Scheme.
If you moved to the UK before 31 December 2020 but have not lived here for five years yet, you may receive Pre-Settled Status. After five years of continuous residence, you can apply for Settled Status.
Applying for Settled Status from Outside the UK
If you lived in the UK for five continuous years but have since moved abroad, you can still apply for Settled Status, provided you haven’t been outside the UK for more than five years.
To apply from outside the UK:
- Use the EU Exit: ID Document Check app to prove your eligibility.
- You must use your current passport or national ID card if you are from the EU, EEA, or Switzerland.
- If you’re not an EU/EEA/Swiss citizen, you’ll need to use your UK residence card.
If you’re an EU, EEA, or Swiss citizen, or a family member of one, and you want to remain in the UK after Brexit, it’s important to apply for Settled or Pre-Settled Status. While most people had to apply by 30 June 2021, late applications are possible if you have reasonable grounds.
If you’re unsure about your application or need help, Law and Visas can guide you through the process, whether you are applying from inside or outside the UK.
