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European Nationals (EEA)

LFCS LEGAL | Trusted Legal Services > European Nationals (EEA)

EU Settlement Scheme

Overview

The EU Settlement Scheme allows EU, EEA, and Swiss nationals and their family members to continue living in the UK post-Brexit. It grants individuals either “settled” or “pre-settled” status, securing their rights to remain in the UK.

Individuals must have been residing in the UK before the end of the Brexit transition period (31 December 2020). Family members of EU nationals may also apply, even if they arrive after the transition period under certain circumstances.

Applicants need to provide proof of identity, proof of residence, and undergo a criminal record check. The scheme is digital, and most applications are completed through an online platform or app.

Settled Status Applications

Settled status under the EU Settlement Scheme grants indefinite leave to remain in the UK. It is for individuals who have lived in the UK for a continuous five-year period and allows them to stay permanently.

EU, EEA, or Swiss nationals and their family members who have resided in the UK for five continuous years. “Continuous” means they must not have spent more than 180 days outside the UK in any 12-month period.

Settled status grants individuals the right to live, work, and study in the UK without time restrictions. It also provides access to healthcare, public services, and benefits. After holding settled status for 12 months, individuals can apply for British citizenship.

Pre-Settled Status Application

Overview

Pre-settled status is granted to EU, EEA, and Swiss nationals and their family members who have been in the UK for less than five years. This status allows them to continue living in the UK until they reach five years of residency.

Individuals who arrived in the UK before 31 December 2020 but have not completed the five years of continuous residency required for settled status. They must apply for settled status once they reach five years of residence.

Pre-settled status is valid for five years, during which individuals must ensure they meet the conditions for continuous residence.

Retained Rights of Residence

The retained right of residence allows certain family members of EU, EEA, or Swiss nationals to stay in the UK even if their relationship with the EU national has ended (e.g., through divorce or death). It ensures that family members can continue to live in the UK under specific circumstances.

Family members who had been living in the UK with the EU national prior to the end of the relationship. For example, a spouse who divorces their EU partner or the surviving spouse of a deceased EU national may retain their right to remain in the UK.

Applicants must provide evidence of the former relationship, the EU national’s status, and the circumstances that led to the termination of the relationship (such as a divorce decree or death certificate).

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