EU Settlement Scheme (EUSS)

You may still be eligible to settle under EUSS under certain requirements, meeting specific criteria.
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EU Settlement Scheme (EUSS)

Following Brexit, EEA/Swiss nationals and their family members had to enter the UK by the end of the transition period (31 December 2020) to qualify for status under the EU Settlement Scheme (EUSS), which closed for most applicants on 30 June 2021. Applicants can still make an application in certain circumstances.

To make an application under the EUSS, you need to show that you, or your family member from the EU, Switzerland, Norway, Iceland or Liechtenstein, were living in the UK by 31 December 2020.

Pre-settled status

Pre-settled status for applicants to the EUSS who cannot demonstrate 5 years’ continuous residence in the UK. Applicant’s must have started living in the UK by 31 December 2020. Once granted, the applicant can stay in the UK for a further 5 years from the date of being granted pre-settled status. Once you have pre-settled status, you can usually switch to settled status once you have lived in the UK for 5 years.

Settled status

You will usually be granted settled status when you have lived in the UK for a continuous 5-year period (‘continuous residence’).

5 years continuous residence is when the applicant has been in the UK, Channel Islands or Isle of Man for at least 6 months in any 12-month period (unless one of the exemptions apply, which mean that absences over 6 months in duration do not break continuous residence)

How can we help?

We have experience of preparing successful EU settlement applications on behalf of our clients. We pride ourselves on the presentation of our applications to the Home Office. You can be assured that your application process will be managed in a professional and organised manner.

Key contact

Usof Shah PNG
Usof Shah
Legal Director

What our clients say about us

We have also greatly benefited from the excellent work of Usof Shah, Immigration Director, whose expertise has been instrumental in helping our members address critical skills shortages in the construction industry. Usof has provided clear, actionable guidance on immigration laws, empowering our members to legally employ skilled foreign workers and sustain their businesses. His commitment extends beyond traditional legal services - he has delivered live webinars and offered free advice to some of our SME members, which was highly valued and, in several cases, helped save their companies. This combination of deep legal expertise, accessibility, and genuine care for clients' success sets him apart from others in the field.

Throughout my UK career, I came across many solicitors and solicitor firms. But Herrington Carmichael is the best so far. Their quick response, wider knowledge, and straightforward decisions come with a very competitive advisory fee. I can easily recommend them, and I did. Their success rate for me is 100%. In a nutshell, they are brilliant.

The individual deals with my requirements and makes sure I fully understand what he is advising and what the best way to proceed is.

Responsive, commercial, and able to explain immigration requirements in clear, simple terms.

The individuals we work with stand out for being approachable, knowledgeable, and responsive. Usof Shah, in particular, has been extremely professional, helpful, and practical in his advice.

Usof Shah stands out for his strong combination of technical expertise, commercial awareness, and responsiveness. He is able to explain complex immigration matters in a clear and practical way while remaining highly approachable and solutions-oriented throughout the process. What differentiates him from competitors is the level of personal attention and ownership he brings to matters. He is proactive, detail-oriented, and demonstrates a strong understanding of the operational and business needs of his clients rather than approaching matters from a purely technical perspective. I have particularly valued his responsiveness, clear communication, and ability to manage matters efficiently under tight timelines. He consistently provides pragmatic advice and maintains a high level of professionalism, which creates a strong sense of confidence and reliability throughout the engagement.

Usof Shah and his team stood out for their professionalism, responsiveness, and clear communication.

Herrington Carmichael’s team stands out for its strong expertise in immigration matters, combined with a highly personalized and responsive service. Over the past few years, they supported me and three members of my family, managing each of our individual cases efficiently and professionally. Compared to other firms, they are notably more organized and responsive.

Thank you for helping me to apply the exceptional assurance and I got the application succeed very quickly.

Usof was a pleasure to work with and his wealth of knowledge on the topic of immigration law was evident. We collaboratively delivered a successful webinar to hundreds of construction professionals on the post-Brexit immigration system and Usof was able to answer complex questions on the spot, demonstrating his attention to detail and professionalism. We would not hesitate to recommend Usof and Herrington Carmichael.

Usof Shah has been a great source of information and guidance both in setting up to become a sponsor and also in getting candidates sponsored.

The team provides useful guidance and support on the pitfalls and processes of being a sponsor. The team helps set everything up to become a sponsor as well as assisting with processing CoS applications.

Meet our experts

Dedicated professionals ready to assist you.

Usof Shah PNG
Legal Director
Neelu-Gurung-PNG
Paralegal

Frequently Asked Questions

Find answers to your most pressing questions about our services and processes.

You can still apply for EUSS if you or a family member were living in the UK by 31 December 2020. You or your family member need to be from the EU, Switzerland, Norway, Iceland or Liechtenstein.

You must also either:

  • meet one of the criteria from the later deadline applications
  • have substantiative ‘reasonable grounds’ for why you are only applying now and not by the time the deadline came around

If you are an Irish citizen or have indefinite leave to remain, you may still be able to stay in the UK without applying. Get in touch with us if you are uncertain.

If your application is successful, you will receive settled or pre-settled status.

If you have pre-settled status

You should be able to apply to settle after living in the UK for 5 consecutive years.

You can switch from pre-settled to settled status by making a new application under the new scheme. If you do not make an application, Home Office will renew your pre-settled status by 2 years before it expires again.

If they meet the stipulated requirements, they can apply under their own application.

Yes. Once you have lived in the UK for at least 12 months with settled status, you will be able to apply for British citizenship.

If you are joining a family member who was living in the UK by 31 December 2020, you may be able to apply dependent on when you arrived in the UK, as long as:

  • You were family members by 31 December 2020 (children born or adopted after this date do not need to adhere to this)
  • The family relationship still exists at the time of application

There are other scenarios which will count as ‘reasonable grounds’, you can view them here. You will need to give evidence that:

  • explains why you could not apply and the reason(s) why
  • covers the whole period since the deadline passed, as well as shows why you could not apply by the deadline.

Yes, if you meet the abovementioned criteria. You will need to apply and while awaiting your application decision, will be protected and have access to work, benefits and rentals. Same applies if you are joining a family member and are in the process of applying.

There are no fees to apply to EUSS.

They will automatically become British citizens if you are settled. If you have pre-settled status, they can apply for pre-settled status too.

As soon as you have lived in the UK for 5 continuous years, you will be able to apply for settled status. This is also known as Indefinite Leave to Remain (ILR).

You will need to provide evidence to show your:

  • identity
  • continuous residence in the UK that started by 31 December 2020
  • relationship to your family member and their status under the EUSS

You will also need to provide evidence of one of the two:

  • you are applying before the deadline due to circumstance, for example, you are applying for a child within the 90 day cut off of them being born/adopted in the UK
  • you have reasonable grounds as to why you are applying now and not before the deadline.

You can find more in-depth detail here.

Once you have applied, you will receive a certificate of application that you can use to prove your right to work, rent, claim benefits and use the NHS services.

You wil receive the decision letter by post or email confirming whether you have been given settled or pre-settled status. You cannot use this letter to prove your status.

You can prove your status online if needed. You will receive a share code that you can share with your employer or landlord that they can use to verify your legal status.