What is an EUSS Family Permit and EUSS Leave to Remain?

The EUSS (EU Settlement Scheme) was introduced in 2019 In response to Brexit (UK exiting the EU), under the new Appendix EU of the UK’s immigration rules.

The EU Settlement Scheme is the UK's immigration regime that was introduced by the Home Office in 2019. EUSS processes the registration of citizens of the EU, other EEA countries, and Switzerland who started living in the UK by 31 December 2020. Successful applicants receive either "pre-settled status" (a special form of Limited Leave to Enter or Remain) or "settled status" (a special form of Indefinite Leave to Enter or Remain). The status they receive generally depends on the length of time they have been resident in the United Kingdom and whether they applied from within the UK or outside the UK.  

The system also provides rights to family members (whether residing in the UK by 31 December 2020 or not), of those EU, EEA, and Swiss nationals to join or stay with them in the UK, as long as the family relationship started by 31 December 2020 and still exists (with certain exceptions, like for children born or adopted later).

Who is eligible to apply to the EUSS?

One must meet one of the eligibility criteria for the EUSS, which for most people is:

• They are from the EU, other EEA Nations (Norway, Iceland, Liechtenstein), or Switzerland, and they started living in the UK by 31 December 2020; or

• They are the family member of a person from the EU, Norway, Iceland, Liechtenstein, or Switzerland who started residing in the UK by 31 December 2020 and has pre-settled or settled status

You may also be eligible if:

• You had a family member from the EU, Norway, Iceland, Liechtenstein, or Switzerland who started residing in the UK by 31 December 2020 (but you’ve separated, the family relationship has broken down, or they’ve died)

• You are the family member of a British citizen who is also a national of the EU, Norway, Iceland, Liechtenstein, or Switzerland, and they lived in the UK as a national of one of these countries before they got British citizenship.

• You have a family member who is a relevant individual of Northern Ireland

• You are the child of a person from the EU, Norway, Iceland, Liechtenstein, or Switzerland, who used to live and work in the United Kingdom - you must be in education in the United Kingdom

• You’re the family member of a person who is exempt from UK immigration control (for example, foreign diplomats, consular staff, posted members of foreign armed forces, members of staff of certain international organisations)

• You are the family member of a ‘Frontier Worker’. 

• You and your child may also be eligible for EUSS if, by 31 December 2020, you were the primary carer of a:

• Child of a person from the EU, Norway, Iceland, Liechtenstein, or Switzerland who used to live and work in the UK - the child in question must be in education in the UK

• A child who is self-sufficient and from the EU, Norway, Iceland, Liechtenstein, or Switzerland

Eligible Family Members of a Relevant EEA Citizen

Family members of someone from the EU, Norway, Iceland, Liechtenstein, or Switzerland who can apply for EUSS normally include:

• Spouse, 

• Civil partner, 

• Durable (long-term) partner, 

• Dependent child, or 

• Dependent parent

Who does not need to apply?

You are not required to apply for the EUSS if you:

• Hold ILE (Indefinite Leave to Enter) or ILR (Indefinite Leave to Remain) in the UK 

• Have Irish citizenship (this includes British and Irish ‘dual citizenship’)

• Currently have a Frontier Worker Permit, or you are eligible for it, as long as you continue living overseas while working in the UK

British Citizens cannot apply. 

Deadline to Apply for EUSS 

Most people had to apply to the EU Settlement Scheme by 30 June 2021. 

You may still apply if:

• Your deadline to apply to the EUSS is after 30 June 2021; or

• There are ‘reasonable grounds’ because of which you are applying now, and not by the deadline of 30 June 2021, or within the time since the deadline passed

The deadline of 30 June 2021 does not apply to those who already hold pre-settled status and are applying for settled status.

On the other hand, if you’re joining a family member in the UK, your deadline to apply will be on the basis of when you first arrived in the country after 31 December 2020, as long as:

• Your family member was residing in the UK by 31 December 2020

• You were, by 31 December 2020, their family member (this does not apply to children born or adopted later)

• The family relationship still exists when you apply

What is required to apply to the EU Settlement Scheme?

You can apply to the EUSS using any device, for example, a laptop, iPhone, or Android device.

A person from the EU, Norway, Iceland, Liechtenstein, or Switzerland, who started residing in the UK by 31 December 2020, or one who is applying to join or stay with their family member who did, will need to provide evidence to prove their:

• Identity

• Continuous residence in the UK and (unless they are applying to join a family member) that it started by 31 December 2020

• Relationship to their family member, and their eligibility or status under the EUSS, if the applicant is applying to join or stay with their family member in the UK 

• You’ll also be required to provide evidence that either:

• You are applying prior to the deadline for your circumstances - for example, you’re applying to the EUSS for your child within 90 days of them being born or adopted in the UK

• There are ‘reasonable grounds’ for why you are applying now, and you could not apply by the deadline or within the time since the deadline passed for your circumstances

What will you get following a successful EUSS application?

If your EUSS application is successful, you will be given either:

• Settled status, usually where you’ve lived in the UK for 5 years continuously (known as ‘continuous residence’)

• Pre-settled status

You will not be asked to choose any option when you apply.  Whether you get settled or pre-settled status usually depends on how long you’ve been residing in the UK when you apply.

You may be eligible for settled status under the EUSS before you complete 5 years’ continuous residence in the UK. This would be, for example, if you’re the child of a person who has settled status, or if you stop doing work in the UK, or start working in an EU nation.

1. Pre-settled Status

A 5-year limited leave, also referred to as EUSS - Pre-settled status’, is an immigration status granted under the EUSS (EU Settlement Scheme). Successful applicants are granted pre-settled status in the form of 5 years’ LTE (limited leave to enter) (where the EUSS application is made outside the UK) or 5 years’ LTR (limited leave to remain) (where the EUSS application is made within the UK).

It allows you to live and work in the UK for five years, and pre-settled status serves as a pathway to settled status in the UK once you have lived in the UK for five years in a row.

2. Settled Status

Settled status is a special form of indefinite leave granted under the EUSS to the citizens of the EU, Norway, Iceland, Liechtenstein, or Switzerland, as well as their eligible family members, who were residing in the UK prior to 31 December 2020. Successful applicants get Settled status in the form of ILE (indefinite leave to enter) (where the application is made outside the UK) or ILR (indefinite leave to remain) (where the application is made within the UK).

Individuals with settled status can live and work in the UK permanently, and access healthcare, education, and benefits.

Converting from Pre-settled status to Settled Status

Once you have a pre-settled status in the UK and you have completed 5 years of continuous residence in the country with this status, you may either be automatically upgraded or manually apply for settled status under the EUSS as long as long as you have not been outside the UK, the Channel Islands or the Isle of Man for more than either a total of 2.5 years or 30 months in the last 5 years or 6 months (180 days) in any 12-month period within any 5-year period (however, there are some exceptions).

If you are an eligible pre-settled holder, Home Office HMRC (HM Revenue and Customs)/DWP (Department for Work and Pensions) data checks now upgrade you to settled status without an application.

Applying to the EU Settlement Scheme for your child

Each child must have their own EU Settlement Scheme application. You can apply for them, or they can apply for themselves.

Your child may be eligible for settled status or pre-settled status if:

• They are under 21, or were under 21 when they received pre-settled status, and they want to convert to settled status

• They are from the EU, Norway, Iceland, Liechtenstein, or Switzerland, or you, or your spouse or civil partner, are

Applying to the EUSS as the family member of a person from the EU, Norway, Iceland, Liechtenstein, or Switzerland

You can apply to the EUSS as the family member of someone from the EU, Norway, Iceland, Liechtenstein, or Switzerland if all of the following apply:

• Your family member started residing in the UK by 31 December 2020

• They have a settled status or pre-settled status

• You started residing in the UK by 31 December 2020, or you are joining your family member in the UK

You can also apply if you are a non-British family member of an Irish citizen, even though you do not need to.

Applying to the EUSS as the family member of an eligible person of Northern Ireland

You can apply to the EUSS if you have a family member in the UK who is an eligible person of Northern Ireland. You do not have to be from the EU, Norway, Iceland, Liechtenstein, or Switzerland.

Applying to the EUSS as either the family member or primary carer of a British citizen

Most people can no longer apply to the EUSS if they are:

• A family member of a person who is a ‘qualifying British citizen’ (known as a ‘Surinder Singh’ application)

• A primary carer of a person who is a British citizen - this is known as a ‘Zambrano’ application

The Home Office will still consider your application if you applied before 9 August 2023.

Keep your UKVI (UK Visas and Immigration) account up-to-date 

From 25 February 2026, additional checks have been introduced to confirm the UK immigration status of those travelling to the UK. It is therefore important that if you have an EUSS status, you keep your UKVI account details up-to-date. If your UKVI account details are not up-to-date, you may experience difficulties or delays when travelling to and from the UK, and a carrier could even stop you from boarding. 

If you have obtained a new passport or identity document since you first applied to the EUSS, you should update your UKVI so that it has the new document’s details. Before travelling to the UK, make sure that the document number, expiry date, and nationality details stated on your travel documents exactly match your UKVI account details. If you are planning to apply for EUSS - Settled status, do add the new passport or identity document details to your UKVI account before applying.

How can Visa and Migration help?

As a prominent visa agency in London, we can help you with the EU Settlement Scheme in 2026 by first assessing your eligibility and immigration history. We will tell you if you can still apply for EUSS. Our job would start with checking whether you are a national of the EU (European Union), other EEA (European Economic Area) nations (Norway, Iceland, and Liechtenstein), or Switzerland —or a qualifying family member—and confirm if you started residing in the UK before 31 December 2020. After this assessment, we would guide you through the correct application route, gather supporting documents, and prepare your submission to UK Visas and Immigration.

Therefore, we will help you with: Your eligibility check

• Strategy for status (pre-settled or settled)

• Document preparation

• Late-application legal explanation

• Submit application

• Communicate with Home Office

• Help with settlement or citizenship later

For expert advice and queries on an EU Settlement Scheme application, you can call us at +44 (0)20 3411 1261 or write at info@visaandmigration.com