EU Settlement Scheme and what you need to know

If your PA is an EU, EEA or Swiss citizen, they can apply to the EU Settlement Scheme to continue living and working in the UK after 30 June 2021. If their application is successful, they will get either settled or pre-settled status.

The EEA includes the EU countries and also Iceland, Liechtenstein and Norway.

They may be able to stay in the UK without applying - for example, if they are an Irish citizen or have indefinite leave to remain.

The EU Settlement Scheme is open now and they can apply now if they meet the criteria.

The deadline for applying is 30 June 2021.

Which status they get may depend on when they apply.

Please advise all PAs if they are an EU, EEA or Swiss citizen to go to https://www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-status to apply for their settled or pre-settled status to enable them to continue to live and work in the UK after 30 June 2021

What are they statuses they can obtain?

Settled status

Settled status is given if your PA:

  • started living in the UK by 31 December 2020
  • lived in the UK for a continuous 5-year period (known as ‘continuous residence’)

Five years’ continuous residence means that for 5 years in a row they’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period. The exceptions are:

  • one period of up to 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting)
  • compulsory military service of any length
  • time they spent abroad as a Crown servant, or as the family member of a Crown servant
  • time they spent abroad in the armed forces, or as the family member of someone in the armed forces

They can stay in the UK as long as they like if they get settled status.

They will also be able to apply for British citizenship if they’re eligible.

Pre-settled status

If they do not have 5 years’ continuous residence when they apply, they will usually get pre-settled status. They must have started living in the UK by 31 December 2020.

They can then apply to change this to settled status once they’ve got 5 years’ continuous residence. They must do this before their pre-settled status expires.

If they will reach 5 years’ continuous residence at some point by 31 December 2020, they can choose to wait to apply until they reach 5 years’ continuous residence. This means that if their application is successful, they will get settled status without having to apply for pre-settled status first.

They can stay in the UK for a further 5 years from the date you get pre-settled status.

Their rights with settled or pre-settled status

They will be able to:

  • work in the UK
  • use the NHS for free as you do now
  • enrol in education or continue studying
  • access public funds such as benefits and pensions, if you’re eligible for them
  • travel in and out of the UK