EU Settlement Scheme
Section 1: Purpose and Contents of this page:
This webpage provides information for European Union, European Economic Area, and Swiss nationals, and their family members, who are prospective or current students, about the UK Government's EU Settlement Scheme (EUSS). Irish Citizens do not need to apply to the EUSS.
In most cases, students will only be eligible if they were living in the UK (or have a relevant family member who was) by 31 December 2020, and the deadline to apply for the first time was 30 June 2021 (see below for what to do if you need to apply late).
The EUSS is not suitable for you if you do not have family in the UK, and are coming to the UK to live for the first time. Please see our pages on the UK Student Visa instead.
Please refer to our News and Updates for some recent updates to EUSS following the governments publication of the statement of changes on 17th July 2023.
This page is divided into sections based on your current situation - please select the relevant option from the contents list below:
Following the UK's departure from the European Union, citizens of the EU, Switzerland, Norway, Iceland or Liechtenstein no longer have the general right to enter, live, study and work in the UK.
The EU Settlement Scheme allows individuals, and the close families of individuals, who were living in the UK by 31 December 2020, to apply to continue living in the UK.
Those who are successful will be granted:
- "Pre-Settled Status" (if they have not yet completed a Continuous Qualifying Period of 5 years Residence); or
- "Settled Status" (If they have already completed a Continuous Qualifying Period of 5 years Residence)
Applications are free of charge, however, like any other immigration application, you must meet eligibility criteria, and will only be granted status if you fulfil the requirements.
Your Immigration Status and Rights in the UK
As an EU, EEA or Swiss National (excludes Irish Citizens), you are subject to Immigration Control in the UK. That means you need an Immigration Status to enter the UK, have the right to work, rent, study, access secondary healthcare or claim government support.
If you have not applied for a visa, or for status under the EU Settlement Scheme, and:
You are in the UK:
Your rights are no longer protected and you could be denied access to public services, courses of study (including at Warwick), non-emergency healthcare and/or rented accommodation. You may also be subject to enforcement action, including removal from the UK, by the Home Office. If you are encountered by Immigration Officials, you may be given 28 days to regularise your stay (make a valid application for immigration permission) in the UK before further enforcement action is taken.
You must take steps to obtain an immigration status straight away by making an application for a visa, or for the EU Settlement Scheme.
You are outside of the UK:
Upon attempting to re-enter the UK using an EU, EEA or Swiss passport, you will be assessed for entry to the UK against the UK immigration rules. If you have not received the correct visa (called "Entry Clearance") before travelling, any border officer will assess you for entry to the UK with status as a visitor. As a visitor, you cannot stay in the UK for longer than 6 months, cannot work, and are not legally permitted to study on a course of longer than 6 months (total length of the course, including the part you have already completed). Therefore, if you are a Warwick Undergraduate or Postgraduate Degree Student, you are liable to be withdrawn from your course. You may also be refused entry to the UK entirely if the border official believes you will undertake activities which are not permitted as a visitor.
You must take steps to obtain a visa, or status under the EU Settlement Scheme, if you are intending to return to the UK to study at Warwick on a course of longer than 6 months.
You do not need to apply to the EU Settlement Scheme if you are an Irish Citizen, or if you have Indefinite Leave to Remain in the UK.
Can I apply for the EU Settlement Scheme now?
It is still possible to apply for the EU Settlement Scheme for the first time now if you remain eligible, although your case will be more complex if you have missed the original deadline for your circumstance. Applications can be made on the Gov.uk website. You will need to identify yourself as part of the application, using a valid passport, national identity card, biometric residence card or biometric residence permit.
You can apply inside the UK in most circumstances, except if you are non-EU, EEA or Swiss National and have entered as a Visitor.
You can apply outside of the UK if you hold an EU, EEA or Swiss passport with a biometric chip, or if you hold a valid UK Biometric Residence Card
In other circumstances, you will need to apply for an EUSS Family Permit to enter the the UK before making any application.
If you have a criminal conviction in the UK, you should seek independent legal advice before applying.
The eligibility criteria can be complex, depending on your personal circumstances. but the below outlines the typical application requirements:
If you are applying on the basis of your own residence in the UK before 31 December 2020
Requirement 1: Justification for applying late (if you have not obtained a UK Visa)
The deadline to apply was 30 June 2021.
It is still possible to apply late if you meet the other requirements, but you will need to provide evidence as to why you could not apply before the deadline. Your caseworker will assess this evidence and apply discretion to determine whether to grant your application despite the fact it is late.
There is guidance available on what may be considered "reasonable grounds" for a late application, however, there is no exhaustive list. For example:
- where a parent, guardian or Local Authority has failed to apply on behalf of a child
- where a person has or had a serious medical condition, which meant they were unable to apply by the relevant deadline
- where someone is a victim of modern slavery or is in an abusive relationship
- where someone is isolated, vulnerable or did not have the digital skills to access the application process
- where a person was unable to apply by the relevant deadline for compelling practical or compassionate reasons – including in light of the coronavirus pandemic
If you have already obtained another visa for the UK, you must apply before this visa expires. This will not be considered as a late application.
Requirement 2: Evidence that you have an unbroken "Continuous Qualifying Period" of residence in the UK
Your "Continuous Qualifying Period" must have:
- started on or before 31 December 2020 (you must evidence that you were living in the UK for at least 1 day before this date), AND;
- not been broken by absences from the UK in excess of the time permitted (see below, you will need to provide evidence for this unless you have been working in the UK throughout this time and have a UK National Insurance number)
One of the below must also be true. The "Continuous Qualifying Period" must either:
- remain unbroken on the date of application, OR;
- have already reached 5 years in length at a point in the past, since which you have not been continually absent from the UK for 5 years
When will the Continuous Qualifying Period be broken?
The "Continuous Qualifying Period" will generally be broken if you are outside of the UK for more than 6 months in any rolling 12 month period.
There are limited exceptions to this, for example your "Continuous Qualifying Period" may not be treated as broken if you can provide evidence that you were absent for longer for an Important Reason, or due to Coronavirus. These exceptions are outlined on the Government Website. If you are intending to rely on one of these exceptions, we recommend obtaining specialist advice external to the University, as your case will be complex.
If you were fully enrolled on a course at the University of Warwick at any time between 16 March 2020 and 8 November 2021, the University can provide a supporting letter stating that:
- All students were advised not to return to the UK and to continue study remotely from their home countries due to Coronavirus from 16 March 2020 until 25 April 2021, and;
- All students were advised that their courses were moved to remote learning/examination, and they were permitted to return home to, or remain in, their home countries to continue studying from 26 April 2021 to 8 November 2021
If you want to request this support letter for use in an EUSS application, please contact us.
You do not need to prove how long you have lived in the UK if you have a "permanent residence document", "indefinite leave to enter" or "indefinite leave to remain" in the UK.
If you are applying on the basis that you are the family member of an EU, EEA or Swiss National who has been granted Pre-Settled or Settled Status
If you are in the UK with another visa (not as a visitor), or you are an EU, EEA or Swiss National, or have a valid Biometric Residence Card, you can apply directly to the EU Settlement Scheme.
If you are outside of the UK, not an EU, EEA or Swiss National, and do not hold a valid UK Biometric Residence Card, you will need to apply for an EUSS Family Permit to come to the UK. You must apply for the EU Settlement Scheme within 3 months of arrival in the UK.
You will need to provide the name of your family member, and their 16-digit EUSS application number. They can find this on their decision letter or application certificate.
Requirement: Prove your relationship
You can only apply on this basis if you are related to the EU, EEA or Swiss National with status in certain ways.
You may be able to apply if:
- You are their child, adopted child, step-child, grandchild, or great-grandchild and are under the age of 21
- You are their child, adopted child, step-child, grandchild, or great-grandchild and are over the age of 21, have been dependent on them since 1 January 2021 and continue to be dependent on them. This means that you cannot meet your basic needs without their financial support or care (e.g. because you are in full-time education, disabled, or ill)
- You are their husband, wife, civil partner or long-term partner, and you were married, had formed a partnership, or had already lived together for at least 2 years by 31 December 2020
- You are their parent or grandparent and are dependent on them, e.g. because of your age, a disability, or for financial support
- You are an "extended family member" (their brother, sister, aunt, uncle, nephew, niece or cousin) AND you already applied for a EEA family permit on or before 31 December 2020
You will need to provide evidence of your relationship, and if applicable, that your relationship still exists, when you apply.
Unless the family member is a Swiss citizen, you must also show that your relationship already existed on 31 December 2020.
It normally takes around 5 working days, but can take up to a month, for complete applications to be processed if no further information is required. However, applications are likely to take longer than a month if:
- the Home Office needs to request more information from you
- you’re applying as a minor and your application is not linked to an adult
- you submit a paper application - for example if your application is based on a derivative right to reside in the UK
- you have a relevant criminal record
- you’re a non-EEA or non-Swiss citizen and are applying based on a relationship you haven’t relied on in a previous application to the Home Office
It is very important that you check the email address you used for the application regularly. This is because the caseworker will contact you by email if they require any further information from you. If you do not respond in a timely manner, the caseworker may refuse your application automatically.
Your rights whilst a decision is being made
You can live, work and study in the UK whilst your application is being processed.
You can prove your rights in the UK using both
- Your passport or national ID card, with;
- Your EU Settlement Scheme application certificate (you will be emailed this shortly after you make your application)
You can enter the UK using a copy of your certificate of application whilst your application is outstanding, however, be aware that:
- If you made your EUSS application after 30 June 2021, you may be asked to prove at the UK border that you were resident in the UK on or before 31 December 2020
- If you are later refused status under the EU Settlement Scheme, you will be considered to be in the UK as a visitor, and may need to leave the UK promptly to secure an appropriate visa for the activities you wish to undertake. If you are a Warwick student, this may mean that you are required to Temporarily Withdraw from your studies whilst you obtain appropriate immigration permission from outside of the UK.
Making other visa applications
It is possible for the Home Office to consider an EUSS application, and an application under another immigration category (e.g. for a Student Visa) simultaneously. If this is the case, guidance dictates that:
- Where either application is to be refused, it will be refused as normal
- Where both applications fall to be granted, the caseworking teams will not decide either application until a decision has been reached on the other application. You will then be contacted and given 14 working days to respond indicating which you wish to be granted. If you do not respond, the later-dated application will be granted, and the previous application treated as withdrawn
Getting a decision
Your application will result in:
- A grant of Pre-Settled status for 5 years (if you have not yet completed a "Continuous Qualifying Period" of 5 years, or;
- A grant of Settled status (if you have already completed a "Continuous Qualifying Period" of 5 years), or;
- A refusal (if the caseworker decides that you do not meet the requirements to be awarded status under the EUSS)
You will sent a decision email. If you were refused, this will explain how to apply for an Administrative Review or Appeal if you are eligible. If you wish to challenge the refusal, because you believe there has been a caseworking error or believe you were otherwise eligible for status, you must apply for any review or appeal within 28 days of the decision. You should urgently seek specialist immigration advice in order to do this.
An Administrative Review can only be requested where you believe the caseworker has made an incorrect decision, according to published guidance, in light of the information available to them at the time they made the decision. You cannot apply for an administrative review with new evidence. If new evidence is required, you should submit a new EUSS application instead.
Your Rights whilst holding Pre-Settled Status
You can:
- Work in the UK
- Study in the UK
- Use NHS services for free, as you would have been able to prior to Brexit
- Access public funds such as benefits or pensions, where eligible
- Travel in and out of the UK using any EU, EEA or Swiss passport or national identity card which is registered to your UKVI account
You can prove your rights in the UK by producing a "Share Code" via the government's View and Prove Service. You will be asked to do this when you enrol on any course at Warwick, or for example if you are starting a new job, or moving into rented accommodation. You do not need a share code at the UK Border, as your status is linked to your travel document.
Keeping your details updated
It is important that you update your online status if:
- You want to travel using a new identity document that isn't already registered to your account
- You renew or replace the identity document you used to apply - for example, your passport expires
- You change your name - for example, you get married
- You change your address, phone number or email address
You can update your online status on GOV.UK.
When Pre-Settled Status ends
You will lose your Pre-Settled Status in the UK:
- If you are absent from the UK continually for a period of 2 years; or
- When it expires (the expiry date is normally 5 years from the date it was granted)
If you want to stay in the UK, you will need to do one of the following on or before the expiry date of your Pre-Settled Status:
- Apply to the EUSS again to upgrade to Settled Status if you have now completed a "Continuous Qualifying Period" of 5 years (see below), or;
- Apply to the EUSS again if you re-started your "Continuous Qualifying Period" on or before 31 December 2020, and have since maintained this, but not yet reached 5 years. You will normally be granted a further period of Pre-Settled Status, or;
- Make a valid application under another Immigration Route
Upgrading to Settled Status
You can usually "upgrade" to Settled Status once you have completed a "Continuous Qualifying Period" in the UK of 5 years.
You do not need to wait until your Pre-Settled Status expires to apply. You can apply as soon as you meet the requirements.
You apply in the same way you applied for Pre-Settled Status (you will not be asked which status you are applying for).
Requirement: Evidence that you have an unbroken 5-year "Continuous Qualifying Period" of residence in the UK
Your "Continuous Qualifying Period" must:
- have started on or before 31 December 2020 (you must evidence that you were living in the UK for at least 1 day before this date), AND;
- have not been broken by absences from the UK in excess of the time permitted (see below, you will need to provide evidence for this unless you have been working in the UK throughout this time and have a UK National Insurance number), AND;
- be at least 5 years long
The required 5 years can start:
- From any point before 31 December 2020 if you are the EU, EEA or Swiss Citizen applying on the basis of your own residence in the UK before this date (it can be earlier than the date you were granted Pre-Settled Status)
- From the date you became a "close family member" of the relevant EU, EEA or Swiss Citizen, or the date you arrived in the UK, whichever is later, if you are applying on this basis (a "close family member" is a husband, wife, civil partner, child under 21, grandchild under 21, or dependent parent, grandparent, or child over 21)
- From the date you arrived in the UK if you did so with an EUSS family permit, or the date you got a residence card if you did not, if you are applying on the basis of being an "extended family member" (long-term partner not in a marriage or civil partnership, brother, sister, aunt, uncle, niece nephew or cousin)
When will the Continuous Qualifying Period be broken?
The "Continuous Qualifying Period" will generally be broken if you are outside of the UK for more than 6 months in any rolling 12 month period.
There are limited exceptions to this, for example your "Continuous Qualifying Period" may not be treated as broken if you can provide evidence that you were absent for longer for an Important Reason, or due to Coronavirus. These exceptions are outlined on the Government Website. If you are intending to rely on one of these exceptions, we recommend obtaining specialist advice external to the University, as your case will be complex.
If you were fully enrolled on a course at the University of Warwick at any time between 16 March 2020 and 8 November 2021, the University can provide a supporting letter stating that:
- All students were advised not to return to the UK and to continue study remotely from their home countries due to Coronavirus from 16 March 2020 until 25 April 2021, and;
- All students were advised that their courses were moved to remote learning/examination, and they were permitted to return home to, or remain in, their home countries to continue studying from 26 April 2021 to 8 November 2021
If you want to request this support letter for use in an EUSS application, please contact us.
Establishing your eligibility for Settled Status can be complex. We would recommend contacting specialist organisations for help if you are unsure.
Your Rights whilst holding Settled Status
You can:
- Work in the UK
- Study in the UK
- Use NHS services for free, as you would have been able to prior to Brexit
- Access public funds such as benefits or pensions, where eligible
- Travel in and out of the UK using any EU, EEA or Swiss passport or national identity card which is registered to your UKVI account
You can prove your rights in the UK by producing a "Share Code" via the government's View and Prove Service. You will be asked to do this when you enrol on any course at Warwick, or for example if you are starting a new job, or moving into rented accommodation. You do not need a share code at the UK Border, as your status is linked to your travel document.
Keeping your details updated
It is important that you update your online status if:
- You want to travel using a new identity document that isn't already registered to your account
- You renew or replace the identity document you used to apply - for example, your passport expires
- You change your name - for example, you get married
- You change your address, phone number or email address
You can update your online status on GOV.UK.
When Settled Status ends
You will lose your Settled Status in the UK:
- If you are absent from the UK continually for a period of 5 years
Public Guidance from UK Visas and Immigration about the EU Settlement Scheme
Contact centre provided by UK Visas and Immigration to assist EUSS applicants with the application process itself. The EU Settlement Scheme Resolution Centre is unlikely to be able to provide you with immigration advice.
A useful website with resources for EU, EEA and Swiss Nationals, also providing a list of links to support organisations which can assist with EUSS applications
UK Council for International Student Affairs
Tel: +442077889214 (Mon - Fri 1:00pm - 4:00pm)
The UK Council for International Student Affairs is a national organisation, which gives advice to international students studying in the UK. They offer a free student advice line.
Central England Law Centre (CELC)
Tel: +442476223053 (Mon 11:00am - 5:00pm, Tuesday-Thursday 9:00am - 5:00pm, Friday 9:00am - 4:30pm)
Central England Law Centre undertake work at all stages of the Immigration and Asylum process, including representing individuals and families in appeals and applications for judicial review.
Immigration Law Practitioners' Association (ILPA)
Legal professionals who specialise in immigration law are often members of this association. You can search their database for a local solicitor who specialises in the area for which you require assistance. Remember to check the fee a solicitor will charge you before you book a consultation.
The Law Society
This is the professional association which regulates the legal profession and all reputable solicitors are members. You can search their database for an immigration law solicitor in your area. Remember to check the fee a solicitor will charge you before you book a consultation.