Esquema de Asentamiento de la UE
Los nacionales del EEE y sus familiares que residían en el Reino Unido antes del 31 de diciembre de 2020 tenían que solicitar el Esquema de Asentamiento de la UE para asegurar sus derechos de residencia bajo el Acuerdo de Retirada después del Brexit.
Puntos Clave
El EUSS fue establecido para proteger los derechos de residencia de ciudadanos de la UE, EEE y Suiza y sus familiares que vivían en el Reino Unido antes del 31 de diciembre de 2020, permitiéndoles continuar viviendo, trabajando y estudiando en el Reino Unido después del Brexit.
El estatus de residente permanente es para individuos con al menos cinco años de residencia continua en el Reino Unido, otorgando residencia permanente y un camino hacia la ciudadanía británica. El estatus de residente temporal es temporal (hasta cinco años) para aquellos con menos de cinco años de residencia, requiriendo que soliciten el estatus de residente permanente antes de su expiración.
La fecha límite estándar para la solicitud fue el 30 de junio de 2021, pero se pueden presentar solicitudes tardías bajo "motivos razonables", como enfermedades graves o abuso doméstico. Las solicitudes gratuitas se pueden completar digitalmente a través del sitio web del gobierno del Reino Unido.
Las personas con estatus de residencia permanente tienen acceso completo a fondos públicos, servicios y al NHS, mientras que aquellas con estatus de residencia temporal pueden necesitar demostrar un 'derecho de residencia' para acceder a ciertos beneficios. Ambos estatus permiten al titular vivir, trabajar y estudiar en el Reino Unido.
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What is the EU Settlement Scheme?
The United Kingdom officially left the European Union following a referendum held on 23 June 2016. Brexit took place at 23:00 GMT on 31 January 2020.
The EU Settlement Scheme (EUSS) was set up by the UK government after Brexit to protect the rights of EU, EEA, and Swiss citizens living in the UK before 31 December 2020 and allow them to continue living and working there.
The scheme was introduced on 30 March 2019, ahead of the UK's formal exit, to provide a clear pathway for EU, EEA, and Swiss citizens to secure their residency status before the end of the transition period.
The EUSS enabled those wishing to remain in the UK to live, work, and study without immigration restrictions. However, individuals not eligible for the scheme and those seeking to enter the UK after 1 January 2021 would need a visa.
To qualify for the EU Settlement Scheme, people must live in the UK by 31 December 2020. The scheme offers settled status for those who can live in the UK permanently and pre-settled status for those who can stay temporarily.
Types of Status: Settled and Pre-Settled
The EU Settlement Scheme offers two types of status: settled and pre-settled. Settled status is granted to those who have lived in the UK for five years, allowing you to live in the UK permanently without any immigration restrictions. On the other hand, granted pre-settled status is for those who have not yet reached five years of continuous residence but were living in the UK by December 31, 2020.
Once you obtain settled status, you can apply for British Citizenship after 12 months or immediately if you are married to a British citizen.
Pre-settled status is a temporary status. It permits you to live and work in the UK for up to five years. To maintain your rights in the UK, you must obtain settled status before your pre-settled status expires.
Eligibility for Settled Status
You must have five years of continuous residence in the UK to be eligible for settled status. This means you must have lived in the UK for at least six months out of every 12 months for five consecutive years. Absences of up to six months in a year or one absence of up to 12 months for an exceptional reason, such as childbirth or serious illness, are permitted during this period.
Prove your continuous residence using documents like your National Insurance number, HMRC tax records, or other evidence. Other documents can suffice if you do not have a National Insurance number. Provide sufficient evidence to demonstrate your eligibility without needing to cover every day of the five years.
Eligibility for Pre-Settled Status
You can apply for pre-settled status if you’ve lived in the UK for less than five years. This status is available to those without the requisite time in permanent residence and permits you to reside in the UK. You can also work there for up to five years. You can use documents such as a student status letter or other official correspondence to prove your residence.
Individuals holding pre-settled status must be mindful that this status is temporary. You can get an automatic five-year extension of your pre-settled status just before your current status expires. If your status has been automatically extended, you should receive an email stating the new expiration date of your pre-settled status.
Once you have lived in the UK continuously for five years, before your pre-settled status expires, you can then apply for settled status and continue living legally in the UK without interruptions.
Application Process
When to Apply
If you didn't apply for settled or pre-settled status by 30 June 2021, you might still be able to apply late in certain situations (if you were living in the UK by 31 December 2020).
If you have pre-settled status, you can apply for settled status once you've lived in the UK for five years, even if it's after 30 June 2021. However, you do need to apply before your pre-settled status expires.
How to Apply
The application process for the EU Settlement Scheme is straightforward and entirely digital. There is no application fee. You can apply through the British government website using an online application form. We have created a guide that explains the process in more detail, depending on which status route you are eligible for:
Required Documents
When applying for status under the EU Settlement scheme, you will need your national insurance number, enabling an automated check to determine what you can use for it. You will also need:
- ID: Valid passport, national ID card, or Biometric Residence Permit (BRP).
- Photo: Needed if not submitting a BRP.
- Proof of Residence: Show continuous UK residence for 5 years starting before 31 December 2020.
- Family Members: Provide evidence of your family member’s UK residence before 31 December 2020.
- Late Applications: Explain "reasonable grounds" for applying after 30 June 2021 or provide proof of a different applicable deadline.
Once you submit your application, the Home Office will review your documents and verify your identity. If your application is valid, you will receive a Certificate of Application confirming your rights while you wait for a decision on your pre-settled status. You can continue living in the UK during this time.
Proving Continuous Residence
To apply for settled or pre-settled status, you must provide evidence of your continuous residence in the UK. The required evidence depends on whether you are proving a longer or shorter period of residence. Still, generally, you must include at least one document dated within the last six months to show that you have maintained your residence without interruption.
All documents should be official, dated, and include your name. The Home Office evaluates each application individually, so there is no fixed list of acceptable documents. However, the following are commonly accepted:
- National Insurance number
- Annual bank statement
- Signed letter from your employer
- Dated and addressed council tax bill
- P60 or P45
- Recent payslip
- Utility bill (e.g., water, gas, electricity) showing a UK address
- Letter from your GP
Late Applications
The deadline for most people to apply for pre-settled status was 30 June 2021. However, you may still be able to use it if you have a different deadline or "reasonable grounds" for applying late.
Reasonable Grounds for Late Applications
Reasonable grounds for a late application could include:
- Being a victim of domestic abuse
- Suffering from a serious illness
Deadlines
Different deadlines may apply if:
- You are a family member of someone from the EU, EEA, Switzerland, or specific countries
- You are applying for a child born or adopted after April 2021
- You are a family member of someone from Northern Ireland
- You are exempt from immigration control
Rights and Benefits with Settled or Pre-Settled Status
If you hold settled or pre-settled status, you have the right to live in the UK. Additionally, you are also permitted to work there. With settled status, you can work, study, and access public funds like UK citizens. Pre-settled status allows you to live and work in the UK, but you must demonstrate a ‘right to reside’ to claim certain benefits.
Access to Public Services
Having settled or pre-settled status enables you to access free NHS healthcare. Access to public services extends beyond healthcare, including education and other social services.
| Criteria | Pre-Settled Status | Settled Status |
|---|---|---|
| Right to Remain in the UK | Temporary—valid for 5 years, must upgrade to Settled Status. | Permanent—no expiry |
| Access to Benefits & Services | Right to live, work, and access healthcare; limited welfare access | Full access to public funds and services and claim benefits |
| Travel | Can leave the UK for up to 2 years but must maintain residence t | Can leave the UK for up to 5 years without |
| Path to Citizenship | Must first obtain Settled Status, then wait 12 months before applying for citizenship | Eligible to apply for British citizenship after 12 months (if not married to a British citizen) |
| Children’s Status | Children linked to the parent’s Pre-Settled Status will receive Pre-Settled Status | Children linked to the parent’s Settled Status will receive Settled Status. Children born in the UK after Settled Status are automatically British citizens |
| Work & Study | Full rights to work and study in the UK | Full rights to work and study in the UK |
| Healthcare | Full access to the NHS | Full access to the NHS |
Family Members and the EU Settlement Scheme
Eligible EU nationals' family members can also apply for the EU Settlement Scheme. This includes spouses, children, and other eligible family members who were in a relationship with the EU citizen before December 31, 2020. Family members must follow the same application guidelines and provide proof of their relationship.
Joining Family Members
Family members of someone with pre-settled or settled status can apply for either status themselves. The family relationship must have started before December 31, 2020, to qualify. Family members can begin applying to join the EU citizen in the UK after the citizen has obtained their status.
Even if eligible family members started living in the UK after 31 December 2020, they may still be eligible to apply if their relationship was established before this date.
A Joining family member who may qualify for pre-settled status includes:
- Spouse
- Civil partner
- Unmarried partner
- Children, grandchildren, and great-grandchildren under 21 years old
- Dependent children over 21 years old
- Dependent parents, grandparents, and great-grandparents
- Other dependent relatives
This eligibility allows family members to secure their rights to live, work, and study in the UK under the EU Settlement Scheme.
Children
Children born in the UK to parents with pre-settled status are eligible for pre-settled status themselves. Children of parents with pre-settled status must be registered under the EU Settlement Scheme within 90 days of their birth. This ensures that the child’s rights are protected and they can access the same benefits and services as their parents.
Children connected to a parent's settled status will also receive settled status. After a parent is granted settled status, children born in the UK are automatically British citizens.
Maintaining Your Status
Maintaining your immigration status under the EU Settlement Scheme is essential to continue enjoying your rights in the UK.
Maintaining Pre-Settled Status
To keep your pre-settled status, you must spend at least six months in the UK each year. If you spend more than six months outside the UK within 12 months, the Home Office may revoke your status.
Maintaining Settled Status
You can lose your settled status if you are absent from the UK for more than five consecutive years. However, entering the UK, even briefly, will reset this period. If you are a Swiss citizen, you and your family can spend up to four consecutive years outside the UK, the Channel Islands, or the Isle of Man without losing settled status.
Get UK Immigration Advice
The EU Settlement Scheme was created to safeguard the rights of EU, EEA, and Swiss citizens in the UK. Securing settled or pre-settled status allows you to live, work, and study in the UK without immigration restrictions.
While the application process for the EU Settlement Scheme is generally straightforward, circumstances such as late applications or future plans to apply for Indefinite Leave to Remain can add complexity. The UK's immigration rules are constantly evolving, so seeking guidance from a UK immigration lawyer can help ensure your application is accurate, and your rights are fully protected.
If you would like professional support, please schedule a consultation with an experienced immigration lawyer today.