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Appendix EU—Settled Status—Things to Know

Appendix EU is a part of UK immigration rules. It was introduced on 30 March 2019. Appendix EU is about the immigration status of EU, EEA, and Swiss nationals and their family members after Brexit (when the UK left the EU). The Appendix EU was introduced to implement the EUSS (European Union Settlement Scheme). The EU Settlement Scheme allows EU, EEA, and Swiss nationals and their family members, who were in the UK on or before 31 December 2020, to continue living, working, and studying in the UK.

What is Appendix EU?

The UK was part of the EU before Brexit. Before Brexit, any EU national could freely move in and out of the UK. They could live, study, and work freely without a visa or work permit. However, Britain’s decision to depart from the EU ended EU citizen-free movement to the UK and vice versa.

The UK’s decision to leave the EU left EU, EEA, and Swiss citizens who were already in the UK vulnerable. So, the UK introduced Appendix EU on 30 March 2019. The objective is to allow EU, EEA, and Swiss nationals and their family members who arrived in the UK on or before 31 December 2020 to continue living and working in the UK. This provision is known as the EU Settlement Scheme.

What is the settled status under Appendix EU?

EU, EEA, and Swiss citizens and their family members who arrived in the UK on or before 31 December 2020 were allowed to apply for the EU settlement scheme. Under this scheme, the applicants were granted either pre-settled status or settled status.

Pre-settled status is equivalent to limited leave to enter or remain in the UK for 5 years. Once you complete 5 years of continuous residence in the UK, you may apply for settled status. The settled status is equivalent to indefinite leave to remain. This means if you are granted settled status, you can live, study, and work in the UK indefinitely without any immigration restrictions.

Settled-Status Things to Know

If you had spent 5 years continuously in the UK at the time of application for the EU settlement scheme pre-30 June 2021 and you were in the UK on or before 31 December 2020, you should be granted settled status provided you meet other eligibility requirements. If you have been granted pre-settled status, you can apply for settled status once you meet the 5 years of continuous residence requirement. Let us see important things to know about Appendix EU Settled Status.

Who can apply?

If you are one of the following, you can apply for settled status under the EU Settlement Scheme.

EU, EEA, or Swiss Citizens -

You can apply for settled status if you are from the European Union, European Economic Area, or Switzerland, and you arrived in the UK on or before 31 December 2020.

Family members -

You can apply for settled status if you are a family member of someone who is an EU, EEA, or Swiss citizen and arrived in the UK on or before 31 December 2020. Eligible family members include:

  • Spouses, civil partners, and unmarried partners
  • Children, grandchildren, or great-grandchildren (under 21 or financially dependent)
  • Parents, grandparents, or great-grandparents (if they are financially dependent)

Non-EU, EEA, and Swiss Family Members -

You can also apply for settled status if you are a non-EU family member of EU, EEA, or Swiss citizens who were living in the UK before 31 December 2020.

Applicants with Derivative Rights to Reside in the UK -

You may be eligible if you have derivative rights to reside in the UK, such as being a primary carer of an EU citizen child living in the UK.

Others -

You may also apply for settled status under the EU settlement scheme if:

  • You are a British citizen who has lived in an EEA country with your non-EEA family member and is returning to the UK.
  • You are a non-EU national, and you are the primary carer of a self-sufficient EEA national child in the UK.
  • If you are a non-EU national and you are the primary carer of a British child or dependent British adult

When can you apply under Appendix EU?

You could have applied for settled status under the EU settlement scheme on or before 30 June 2021. You must have arrived in the UK on or before 31 December 2020 and met the 5-year continuous residence requirement at the date of application.

But if you have pre-settled status, you can still apply for settled status after you spend 5 years continuously in the UK. If you don’t apply for settled status, your pre-settled status will automatically be extended, before it expires, for another 5 years. During this 5-year extension, you can apply for settled status.

From 2024, extended pre-settled status will be automatically converted to full settled status for qualifying individuals after they have completed 5 years in the UK. They don’t need to apply for a separate EU settlement scheme for settled status.

How do you apply?

You can apply online or by post also. As part of the application, you need to prove your identity. You can do it using the ‘EU Exit: ID Document Check’ app on an Android phone and an iPhone 7 or above. You can also send your document in the post and upload your photo using the online application form.

If your identity or personal details have changed after you applied and received pre-settled status, you need to update your UKVI account also.

If you’re applying to join or remain with a family member in the UK

If you are a family member of an EU, EEA, or Swiss national who has settled, you need to prove the following:

  • Your relationship to your family member— for example, a birth, marriage, or civil partnership certificate, or a UK residence card issued based on the relationship
  • Your family member has a settled status in the UK.

Validity of Settle Status

Settled status allows you to live, work, and study in the UK indefinitely. This means that you canlive in the UK permanently. However, you will lose your settled status if you are away from the UK for a period of more than 5 years.

What if you missed the deadline of 30 June 2021?

If you missed the deadline of 30 June 2021 for reasonable grounds, you can still apply for settled status. However, you must demonstrate there were reasonable grounds for missing the deadline. Reasonable grounds include serious medical conditions, mental health issues, victims of domestic abuse, technical issues, or lack of awareness.

This applies to both EU citizens and their non-EU family members who were living in the UK by 31 December 2020.

Applying late

You should apply as soon as you can if you missed the deadline.

Impact of missing the deadline for settled status

You will be considered an unlawful resident in the UK until you apply for and are granted pre- settled or settled status. Until this time, your ability to work, rent a home, or access the National Health Service (NHS) will be impacted.

How can we help?

Settled status is equivalent to the grant of indefinite leave to remain (ILR) under Appendix EU of the UK’s Immigration Rules. If you have pre-settled status and now want to apply for settled status, we can help you make the process smooth.

Right from gathering the necessary documents and proof of residence to applying to submit identity documents, we help you at each stage. You can call us at +44 (0)20 3411 1261 anytime for assistance related to the Appendix EU settled status application.

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Visa and Migration is a private OISC regulated company (F201500999) and is not an official Government body. If you would like to prepare and submit your UK immigration application yourself you can do so by visiting the UKVI website.