European Union Settlement Scheme

The European Union Settlement Scheme is a scheme launched in 2019 by the Home Office to process the registration of EU citizens resident in the United Kingdom prior to its departure from the European Union.

This article is about the immigration status applicable to EU nationals resident in the United Kingdom, after its departure on 31 January 2020 from the European Union. For immigration status of EU nationals prior to the UK's formal departure, see Citizenship of the European Union § Free movement rights.

Successful applicants receive either 'Pre-settled status' or 'Settled status', depending on the length of time they have been resident in the United Kingdom.[1]

Application process

The application process is predominately digital. Applicants are required to use an NFC-enabled device to scan the biometric chip on their relevant identification document, after which they are free to complete the application on any internet-enabled device.

During the early stages of the Scheme's rollout process, there was a £65 fee for applicants above the age of 16 (the fee was halved for younger applicants) at the point of application. This was, however, dropped following pressure from a number of groups and individuals.[2]

To complete an application through the online portal, citizens must have a valid passport or national identity card, and may be asked to provide proof of continuous residence if checks with the Department for Work and Pensions and Her Majesty's Revenue and Customs cannot confirm the duration of stay using the applicant's National Insurance number.

Eligibility

The EU Settlement Scheme applies to all EU, EEA and Swiss citizens resident in the United Kingdom prior to its departure from the European Union, and their family members. Relevant nationals who are not in their own right British nationals, or who do not already have indefinite leave to enter the UK or indefinite leave to remain in the UK, and who wish to remain in the United Kingdom, are required to apply under the Scheme lest they face enforcement action.

All applicants must have started living in the UK by 31 December 2020. 'Settled status' requires five years of continuous residence; this is defined as living in the UK, the Channel Islands or the Isle of Man for five consecutive years, and for at least six months in any 12-month period during those years. Longer absences are permitted for specified reasons, such as one period of up to 12 months for childbirth, illness, study, training or a work posting.[1]

Rights granted

Settled status

Citizens resident in the UK prior to 31 December 2020 and exercising Treaty rights for a continuous period exceeding five years ('continuous residence') will usually receive 'settled status' – formally Indefinite Leave to Remain (ILR) under Appendix EU to the Immigration Rules.[3] They are able to remain in the UK as long as they wish, subject to conditions, and retain the same rights to employment, welfare, education and public funds as previously; they may also apply for British citizenship.

Citizens with 'settled status' may spend up to exactly five continuous years outside the United Kingdom without impacting their immigration status, and will lose their 'settled status' if they spend any continuous time of five years and a day or longer outside the UK. Similarly, close family members may join citizens with 'settled status' before 31 December 2020, or 31 of December 2025 for the spouses and civil partners of Swiss citizens; these close family members must register on the Scheme when they become resident.

Children born in the UK to parents, at least one of whom is a citizen with 'settled status' at the time of the child's birth, automatically have British citizenship from birth. Children born in the UK, at least one of whose parents acquire 'settled status' after the child's birth, have an entitlement to acquire citizenship before the child's 18th birthday.

Pre-settled status

Citizens who started living in the UK on or before 31 December 2020 but do not have five years' continuous residence at the time they apply, are usually granted pre-settled status. They are allowed to stay in the UK for a further five years from the date of grant, and can apply during that time to change their status to 'settled', on completing five years' continuous residence.[1] Pre-settled status is lost if a continuous period of longer than two years is spent outside the UK.[1] Moreover, time outside the UK totalling six months (180 days) or more within any 12-month period may disqualify an individual from receiving settled status at the end of five years. (There is an exception allowing a single absence of up to 12 months for an "important reason" as well as exceptions for certain absences caused by the COVID-19 pandemic.)[4][5]

Others

Rights and status of all EU, EEA and Swiss citizens living in the UK remain unchanged until 30 June 2021.[1]

Statistics

By 31 January 2022, the Home Office had received 6,441,800 applications to the EU settlement scheme. Of these 5,679,700 (92%) were granted settled or pre-settled status whilst 446,500 (8%) were either refused, invalid, withdrawn or void. The countries with the most applications were Romania (1,184,370) and Poland (1,137,570) whilst the countries with the fewest were Liechtenstein (90) and Luxembourg (1,860).[6]

593,170 applications to the scheme where repeat applicants meaning that an estimated 5,848,630 people had applied to the scheme by the end of September 2021.

Number of EU Settlement Scheme applications by nationality, 28 August 2018 to 31 December 2021[7]
Country Total
Austria 25,520
Belgium 46,090
Bulgaria 343,780
Croatia 13,840
Cyprus 30,300
Czech Republic 76,690
Denmark 31,300
Estonia 15,470
Finland 22,560
France 240,530
Germany 170,230
Greece 139,210
Hungary 161,600
Iceland 2,750
Ireland 16,050
Italy 572,350
Latvia 143,950
Liechtenstein 90
Lithuania 281,580
Luxembourg 1,860
Malta 8,330
Netherlands 150,060
Norway 39,760
Poland 1,137,570
Portugal 436,650
Romania 1,184,370
Slovakia 133,020
Slovenia 5,370
Spain 372,300
Sweden 93,050
Switzerland 20,760

References
  1. "Apply to the EU Settlement Scheme (settled and pre-settled status)". gov.uk. UK Government. Retrieved 2 November 2019.
  2. Walker, Peter (21 January 2019). "May drops £65 fee for EU nationals seeking post-Brexit settled status". The Guardian. Retrieved 2 November 2019.
  3. "Immigration Rules Appendix EU". gov.uk. UK Government. Retrieved 2 November 2019.
  4. "What happens if I spend some time outside the UK? - Advice and Counselling Service". www.welfare.qmul.ac.uk. Retrieved 4 November 2021.
  5. "Coronavirus (COVID-19): EU Settlement Scheme - guidance for applicants". GOV.UK. Retrieved 4 November 2021.
  6. "EU Settlement Scheme statistics". GOV.UK. Retrieved 26 November 2021.
  7. "EU Settlement Scheme quarterly statistics, September 2021". GOV.UK. Retrieved 26 November 2021.
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