Settled Status under the EU Settlement Scheme enables European Union nationals and their family members to obtain Indefinite Leave to Remain. This status confirms their right to live in the UK indefinitely, free from immigration restrictions.
In order to apply for Indefinite Leave to Remain under the EU Settlement Scheme, you will need to meet some general requirements depending on whether you are an EEA or Swiss national, or the family member of an EEA or Swiss national.
Settled Status Requirements for EEA and Swiss nationals:
- You are a citizen of a qualifying country as listed here: https://www.gov.uk/eu-eea
- You have been living in the UK by 31 December 2020
- You have lived in the UK for a continuous period of 5 years
Requirements for non-EU family members:
Non-EU family members can apply for settled status if at least one of the following requirements is met:
- You hold Pre-Settled Status under the EU Settlement Scheme, or have an EEA Residence Card
- You have lived in the UK for a continuous period of 5 years with your qualifying EEA or Swiss national family member
- You are in a relationship with the EEA or Swiss national as their:
- spouse
- civil partner
- unmarried partner
- child (under 21 years old)
- grandchild (under 21 years old)
- great-grandchild (under 21 years old)
- dependent child (over the age of 21)
- dependent parent
- dependent grandparent
- dependent great-grandparent
- dependent relative
- You are related to the Spouse or Civil Partner of the EEA or Swiss national as their:
- child (under 21 years old)
- grandchild (under 21 years old)
- great-grandchild (under 21 years old)
- dependent child (over the age of 21)
- dependent parent
- dependent grandparent
- dependent great-grandparent
- dependent relative
Where you may not meet the above requirements, there are some circumstances which you may still qualify:
- You are separated from your EEA or Swiss national family member
- Your EEA or Swiss national family member has died
- You are the family member of a British citizen who also has EEA or Swiss citizenship, and who lived in the UK as an EEA or Swiss national prior to acquiring British citizenship
- You are the family member of a British citizen and you lived in an EEA country together (outside of the UK), via the ‘Surinder Singh’ route
- You used to have an EEA or Swiss family member living in the UK
- You are the primary carer of a British, EEA or Swiss national
- You are the child of an EEA or Swiss national who used to live and work in the UK or the child’s primary carer
British Citizenship
After you obtain Settled Status, you have the option to apply for British citizenship.
Frequently Asked Questions
What is the Home Office fee for an Indefinite Leave to Remain application under the EU Settlement Scheme?
The Home Office does not currently charge a fee for Indefinite Leave to Remain applications under the EU Settlement Scheme. Please see the latest updates here https://www.gov.uk/settled-status-eu-citizens-families.
What will I need to prove in order to apply for Indefinite Leave to Remain under the EU Settlement Scheme?
For EEA or Swiss nationals, you will need to prove your identity, nationality, residence in the UK.
For family members of EEA or Swiss nationals, you will need to prove all relevant identities, nationalities, UK residence and qualifying relationship. Additionally, if you do not hold a Biometric Residence Card, you will also need to enrol your biometric information (i.e. fingerprints and a photograph).
As a QC Immigration client, you will benefit from a tailored document list to guide your preparation and help you provide the relevant evidence needed.
Can I lose my Indefinite Leave to Remain under the EU Settlement Scheme?
You can lose your Indefinite Leave to Remain under the EU Settlement Scheme if you spend more than 5 consecutive years outside the UK.
Do I need to apply for Indefinite Leave to Remain under the EU Settlement Scheme if I have Permanent Residence?
Yes, you still need to apply for Indefinite Leave to Remain under the EU Settlement Scheme even if you have previously obtained Permanent Residence in the UK.
When is the deadline to submit an application under the EU Settlement Scheme as an EEA or Swiss national?
For EEA or Swiss nationals, the deadline to submit an application under the EU Settlement Scheme is 30 June 2021. Nevertheless, it is advisable to apply by the end of 2020 to ensure that you can prove that you were in the UK by 31 December 2020.
If I no longer live with my EU national family member because we are separated or they have died, can I still qualify?
Yes, you may still be eligible to apply with Retained Rights. We shall assess if you have sufficient supporting documents and legal arguments to succeed.
Example of a Successful EU Settlement Case
A Swedish couple resided in the UK for more than five years, but they did not have National Insurance numbers as they have never worked in the UK. We provided ongoing advice, a tailored document list and assisted them in submitting the application. As a result, they were granted Indefinite Leave to Remain under the EU Settlement Scheme within 24 hours.
If you would like to learn more about how we can help you to secure Settled Status under the EU Settlement Scheme application, please call 02036378633 or email info@qc-immigration.com to discuss further.
