EU Settlement Scheme: EU Citizens Staying in the UK After Brexit

If you are a non-EU citizen, you MUST either be the spouse, civil or unmarried partner of an EU citizen, for the latter you will need a residence card to prove your relationship. You can also apply if you are related to an EU citizen, their spouse or civil partner as–

• a child, grandchild or great-grandchild (under 21), dependent child (over 21);
• a dependent parent, grandparent or great-grandparent; or
• a dependant relative (with a residence card related).

It is NOT necessary to apply if you are an Irish citizen or have previously obtained indefinite leave to remain or enter (ILR/ILE). 

The Prime Minister announced that from 30 March 2019 onwards it will be free to apply. However, if you applied during the test phases the fee you paid will be refunded. It will be done automatically and you should receive it to the card that you used to make the payment in 10 working days. After your card has been refunded you will receive a confirmation email from Home Office.

EU citizens’ status will remain the same until the deadline given, 30 June 2021 or 31 December 2020 if no deal was granted. After, you will have settled or pre-settled status, which will be assigned to you by Home Office once your Settlement Scheme application is successful. 

If you are granted settlement you only have to apply once and can stay in the UK indefinitely. If approved by Parliament, you will be able to spend up to 5 consecutive years outside the UK without losing your status. 

If you wish to apply for British citizenship you can do so after 12 months of receiving settled status. 

If you have NOT lived in the UK for 5 years when you apply you will get pre-settled status. You can apply for settled status once you reach the 5-year requirement. 

Pre-settled Status

If granted pre-settled status you will be able to stay in the UK for the next 5 years from the date the decision was made. You can spend up to 2 years in a row outside the UK without affecting your status, but you need to maintain continuous residence if you want to apply for settled status.

To apply you can either use the ‘EU Exit: ID Document Check’ app on an Android phone to scan the document you are using and take your photo. You can use someone else’s Android since your private details do not remain on the phone or the app. The other option is to post your document and use the online application to upload your photo.

To prove your continuous residence you can provide your National Insurance number and an automated check will be done based on your tax records. If successful you will not have to provide further documents to prove your residence. On the other hand, the Home Office will advise you immediately after you apply. If you are asked to provide further documentation, please refer to this link for samples of acceptable evidence.

You can apply through the UK government website using any device, for example, a laptop, Android device or iPhone. The application itself is fairly simple and it should take you about 25 minutes to complete, but it varies depending on your personal circumstances.

EU citizens will receive an email with a link from the Home Office to view and prove their status. If you are not from the EU, EEA or Switzerland you will get a physical document. Be aware that you must update your personal details through the UK government website if they change.