EU Settlement Scheme

The EU Settlement Scheme (EUSS) was established to protect the residency rights of European Union, European Economic Area (EEA) and Swiss citizens and their family members following the UK’s departure from the EU. It allows eligible individuals to continue living, working and studying in the UK beyond 30 June 2021.

This scheme is distinct from standard immigration routes and is specifically designed for those who were residing in the UK before the end of the Brexit transition period. At Mowbray Advisory, we provide clear, OISC-regulated guidance on EU Settlement Scheme eligibility, application requirements and status options.

What Is the EU Settlement Scheme?

The EU Settlement Scheme enables eligible citizens of the EU, EEA and Switzerland — along with certain family members — to secure their immigration status in the UK. There are two main status types under the scheme:

  • Settled Status – for people who have lived in the UK continuously for 5 years or more

  • Pre-Settled Status – for people who have lived in the UK but not yet reached 5 years’ continuous residence

Both statuses grant the right to work and study in the UK, access public services and benefits, and potentially lead to further settlement options.


Who Can Apply?

You may be eligible for the EU Settlement Scheme if:

  • You are an EU, EEA or Swiss citizen residing in the UK by 31 December 2020, and

  • You lived in the UK by 30 June 2021, and

  • You continue to live in the UK

Eligible family members include:

  • Spouses and civil partners

  • Children and grandchildren

  • Other family members where certain conditions apply

Applications are time-sensitive and subject to specific criteria, so early confirmation of status is important.


Settled vs Pre-Settled Status

Settled Status

You may qualify if you can show continuous residence in the UK for at least 5 years. Once granted, Settled Status gives you indefinite leave to remain under the scheme.

Pre-Settled Status

This may be granted if you started living in the UK before the end of the transition period but have not yet accrued 5 years’ continuous residence. You can apply for Settled Status once you reach the five-year threshold.

Both statuses allow you to:

  • Work and study in the UK

  • Access public funds (where eligible)

  • Stay in the UK without time restrictions


Continuous Residence Requirements

To qualify for Settled Status, you must generally have:

  • Lived in the UK continuously for 5 years, and

  • Not been absent from the UK for more than 6 months in any 12-month period (with some exceptions for a single absence of up to 12 months for important reasons)

For Pre-Settled Status, shorter residence periods can be accepted, but you must still show you were resident before the relevant cut-off date.


How to Apply

The EU Settlement Scheme application is typically completed online and requires:

  • Proof of identity (passport or national ID card)

  • Evidence of residence in the UK before the cut-off date

  • Details of family members joining you (if applicable)

  • Digital photo and biometric information

Applications must be made before the relevant deadlines, and in many cases, applications can still be accepted if there are reasonable grounds for late submission.


What Happens After Status Is Granted

Once your application is approved:

  • Settled Status gives you indefinite residence rights, similar to Indefinite Leave to Remain (ILR)

  • Pre-Settled Status allows you to stay until you reach 5 years’ continuous residence, at which point you can apply for Settled Status

Both statuses remain valid even if you leave and return to the UK, subject to absence rules.


Family Members and the EU Settlement Scheme

Family members of eligible EU/EEA/Swiss citizens may apply to join them under the scheme if certain criteria are met. This includes spouses, civil partners and dependent children.

Different rules may apply for extended family members, so it’s important to check eligibility carefully.


How We Can Help

The EU Settlement Scheme has specific requirements that differ from typical UK visa routes. We provide support with:

  • Eligibility checks

  • Residence and documentation review

  • Application preparation and submission

  • Advising on pre-settled to settled transitions

  • Family member applications

You’ll work with a dedicated adviser who will explain each step clearly and help you avoid common pitfalls.

Speak to an Immigration Adviser

If you’re planning to apply for a EU Settlement Scheme and want to avoid unnecessary delays or common pitfalls, we can help.
Book Consultation