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Last updated: 21 February 2025

Europeans and their family members who are resident in the UK by 31 December 2020 should apply for new statuses to allow them to continue living and working in the UK. These residence statuses are called:

  • Pre-settled status: Temporary status granted for 5 years to European citizens and their family members who were continuously resident in the UK for less than 5 years by 31 December 2020.
  • Settled status: Permanent status granted European citizens and their family members who were continuously resident in the UK for at least 5 years by 31 December 2020. 

The applications for these new statuses are processed via the EU settlement scheme (EUSS), which is managed by the UK Home Office.

The deadline for making an application to the EUSS has now passed. However, if you have not applied but are eligible for status under the EUSS, you should make a late application to the EUSS to protect your UK residence.

Who can apply for status under EUSS

European citizens and their family members who were living in the UK by 31 December 2020 should have applied through the EU Settlement Scheme (EUSS) by 30 June 2021. 

This includes EU, EEA, or Swiss citizens.

Irish citizens and European citizens with dual British nationality are exempt from applying.
 

European citizens who have been granted status under EUSS can sponsor eligible “close” family members to join them in the UK anytime in the future. A joining family member can be a European citizen or hold any other nationality.

These close family members are called “joining family members” under the EUSS. The family relationships covered by the EUSS are:

  • spouses, civil partners or durable (unmarried) partners, where the relationship existed by 31 December 2020 (there are slightly different rules for Swiss citizens)
  • dependent parents and grandparents
  • children and grandchildren under 21
  • dependent children and grandchildren over 21 (related either to the European citizen sponsor, or to their spouse or civil partner)
  • future adopted and biological children.

A joining family member can come to the UK at any time in the future, as long as the family relationship still exists when they apply. The European citizen who is sponsoring the joining family member should generally hold pre-settled or settled status themselves to demonstrate that they are able to sponsor their joining family member(s), unless they are exempt from applying to the EUSS, for example Irish citizens. 

In most cases, the family member who intends to join their European citizen sponsor must apply from outside the UK before they travel to join. Some joining family members need to apply for an EUSS family permit to travel to the UK, so they can then apply for pre-settled status or settled status. Some joining family members can apply directly for pre-settled status or settled status outside the UK, but should wait for this status to be granted before travelling to the UK. 

Further information for joining family members can be found from the3million. 
 

Your rights under EUSS

Under the EUSS, you have certain rights and protections to allow you to continue living and working in the UK. Here are the main rights and benefits for people granted status under EUSS and for those awaiting the outcome of a pending application:

  1. Right to Stay: You can stay in the UK permanently (also known as ‘indefinite leave to remain’)
  2. Work: The right to work in the UK.
  3. Housing: You have the right to rent in the UK. 
  4. Healthcare: Access to the National Health Service (NHS) on the same basis as UK citizens.
  5. Education: Access to education, including the same tuition fees and financial support as UK citizens.
  6. Public Funds: Access to public funds such as benefits and pensions, if eligible.
  7. Travel: The ability to leave and return to the UK without restriction.
  8. Family Reunion: The right to bring family members to the UK under certain conditions.
  9. Citizenship: After one year with settled status, you can apply for British citizenship if you meet the eligibility criteria.

  1. Right to Stay: Temporary status which allows individuals to make a second application for settled status once they complete (in most cases), 5-years continuous UK residence. You can stay in the UK for a further five years from the date they receive pre-settled status. 
    Since September 2023, those with pre-settled status who have not obtained settled status before their pre-settled status expiry date have their status automatically extended by the Home Office for a 2 or 5 year period.
  2. Work: The right to work in the UK
  3. Housing: You have the right to rent in the UK. 
  4. Healthcare: Access to the NHS on the same basis as UK citizens.
  5. Education: Access to education, including the same tuition fees and financial support as UK citizens.
  6. Public Funds: Access to public funds, such as benefits and pensions, if eligible.
  7. Travel: The ability to leave and return to the UK without restriction.
  8. Family Reunion: The right to bring family members to the UK under certain conditions.
  9. Path to Settled Status: The ability to apply for settled status once you have lived in the UK for a continuous five-year period.

Please see a summary of rights and entitlements if you have submitted a late application under EUSS which has been accepted by the Home Office:

  1. Right to Stay: You can stay in the UK whilst your application is being considered by the Home Office. 
  2. Work: If you make a valid late EUSS application and you have an existing employment, you should be able to remain in that employment. 
    You can also start new employment as you have retained your right to new employment in the UK while your EUSS decision is pending.
  3. Housing: If you have an existing tenancy, you should be able to continue renting the same property. You can also start a new tenancy while awaiting the outcome of your EUSS application. 
  4. Healthcare: If you have made a valid late EUSS application you should not be charged for any secondary NHS healthcare until a decision is made by the Home Office. 
    If your application is successful and pre-settled status or settled status is granted, you remain entitled to free NHS healthcare. Any NHS charges incurred before the late EUSS application was submitted to and validated by the Home Office will still apply. Any charges paid for treatment received after the valid late EUSS applications was made will be refunded.
    If your application is refused, you are entitled to free NHS healthcare while you challenge the refusal. If your challenge is refused you are not entitled to free NHS healthcare and NHS charges may be demanded for services provided following the final refusal decision. 
    Everyone is entitled to free Primary Care, including access to a GP, and COVID-19 vaccine and treatment, regardless of immigration status. See our page on Access to healthcare and Doctors of the World factsheet on access to NHS services for EU citizens after 1 July 2021.
    If you are subjected to NHS charging during this period, please seek advice before you pay it.
  5. Public funds: If you make a valid late EUSS application, you can continue to receive benefits while awaiting the outcome – as long as you meet the eligibility requirements for those benefits. 
  6. Travel: The ability to leave and return to the UK without restriction remains while your valid application is being decided by the Home Office. If your application is refused and while you are challenging the decision you need to travel, we recommend that you speak to a lawyer before you travel. 
  7. Family Reunion: Your right to bring family members to the UK under certain conditions can be exercised after you have receive a successful outcome to your application. 

For further information about your rights and entitlements please visit: 

•    The3million for a summary of your rights and entitlements, as well as links signposting you to more information. 
•    The European Commission for more detailed information about your rights and entitlements. 

Late applications (after 30 June 2021)

European citizens and their family members who were living in the UK by 31 December 2020 should have applied to the EUSS before 30 June 2021. From 1 July 2021, European citizens and their family members will not have a UK immigration status if they have not made any EUSS application (or an application for another type of immigration status). 

If you have missed the 30 June 2021 deadline, you can still make a late application to the EUSS.

It is important you do so because from 1 July 2021, European citizens and their family members without EUSS status cannot prove they are lawfully resident in the UK. This means their rights and entitlements are suspended until they resolve their immigration situation. Without proof of immigration status in the UK, you will face barriers proving your right to healthcare, benefits, rent, work, and other entitlements. 

The 30 June 2021 deadline does not apply to joining family members who want to move to the UK after this date if they are joining a European citizen already living in the UK who has status under EUSS. 
 

You can apply late to the EUSS via the application online form available on the GOV.UK website. You will need to prove your identity and nationality first.

If you have completed the identity and nationality check, or you have already started your application and you can complete your application.

Applicants are strongly encouraged to apply online as this is the quickest way to make an application. However, there may be some situations where you will need to apply using a paper application form posted to the Home Office. If you need to apply on a paper application form you should contact the EU Resolution Centre so they can send a paper form to you.

If you consider yourself a vulnerable person, you can seek free advice from a local charity offering support with EUSS. If you do not consider yourself a vulnerable person, you can seek advice from a regulated lawyer. Please see our dedicated about immigration advice. 
 

The Home Office requires persons making late EUSS applications to show a ‘good reason’ for missing the deadline and their delay in applying. It is therefore essential that you demonstrate you have a ‘good reason’ for applying late, so that the Home Office considers your late EUSS application.

This online application form and the paper application forms require late EUSS applicants to explain the reason(s) why they missed the deadline. Please ensure you include your reasons for applying late in the relevant section of the form and if available, upload digital evidence to support your reason(s) for applying late. In many cases it is a good idea to write a letter explaining your reasons for applying late; this letter can be uploaded with any supporting evidence that you have. Further information about preparing an application is available from Citizens Advice. Guidance around evidence of UK residence is available from GOV.UK.

In your late EUSS application, you should explain in your own words why you were missed the deadline to apply as well as provide any supporting evidence that you have. If you were unaware of the deadline to apply to the EUSS or thought that you did not need to apply to the EUSS to get immigration status, you need to set this in detail to the Home Office.

Home Office guidance states that an individual may have reasonable grounds for applying late to the EUSS for a variety of reasons. As such, the guidance does list every possible good reason for applying late. It is important to look at the guidance to see if your reason for applying late is covered. 

However, even if your reason for applying late is not covered in the guidance, this does not mean that your late EUSS application will be rejected as the Home Office must consider each case based on the reasons given by the late EUSS applicant.

If the Home Office accepts you have good reasons for applying late, your application will be classified as valid and the will consider your eligibility for status under EUSS. 

The Home Office says they will give every opportunity to individuals to provide the necessary information and evidence to support their late EUSS application.

The Home Office may contact you to request additional information or evidence if they require more details about your reasons for missing the deadline. It is important that you respond to any such requests as if you do not, the Home Office will decide the application based on the information they have about your reasons for applying late (which may not sufficiently cover all the reasons why you missed the deadline). If the Home Office does not have enough information about your situation, this may lead to your late EUSS application being rejected as invalid.

The Home Office may contact you by telephone, text or by email so ensure you check your email junk folders.

If your reason(s) provided for missing the deadline are not accepted, the Home Office will reject your application. A rejected application means Home Office will not consider your eligibility for pre-settled or settled status. You will receive a letter from the Home Office explaining their rejection decision. 

You cannot challenge a rejected late EUSS application. It may be possible to make a new late EUSS application properly setting out your reasons for applying late. Find out more on our page about unsuccessful applications, appeals and other challenges.

If your late EUSS application is rejected, you should speak to a regulated immigration lawyer immediately. Please see our dedicated about immigration advice.  

Proving immigration status

European nationals and their family members who have been granted status through EUSS may receive different types of physical or digital documentation of their immigration status. You will be required to prove your pre-settled status or settled status to third parties (for example, employers, landlords, banks, universities) to evidence your rights in the UK. 

Please note that the Home Office is transitioning to a fully digital border and immigration system by 2025. Anyone with a physical immigration document will need to replace it with an eVisa and hold a digital UK Visa and Immigration (UKVI) account by the end of 2024. See our dedicated page on eVisas for further information. 
 

  • European citizens will receive digital status only if they are granted pre-settled status or settled status. You will not get a physical ID card as proof of your status. You can use your Home Office account known as your UKVI Account to prove to third parties (for example, employers, landlords, banks, universities), you have rights by giving them a “share code”.
  • Non-European family members will receive a physical document as proof of their status (a biometric residence card) – unless they already hold such a document, which they can continue to use. Non-European family members will also have access to a UKVI Account to prove their rights to employers and landlords etc. These family members must present their biometric residence card to carriers and at the UK border when travelling. See our dedicated page on eVisas for further information.
  • Late applicants to EUSS will be issued a Certificate of Application which confirms the Home Office is processing your application. You can use this Certificate of Application to generate “share codes” to give to third parties to prove you have rights whilst the Home Office processes your application. 

If you have been granted pre-settled status or settled status under EUSS, you can share your status by logging into your UKVI Account and choosing to ‘digitally share’ it. This applies to those with digital-only status as well as those with physical documents. 

When your application for pre-settled status or settled status is successful, you should receive an email. This email will contain a letter attached as a PDF. The letter will explain the grant of status, your rights and entitlements, and how to access your UKVI Account to view and share your status. The letter is not proof of your status. It is an explanation of the status you have received, the conditions attached to it, and how you can use it. Third parties cannot rely on the PDF letter as proof of your status; they can only accept your digital status. 

It is important to keep you details in your UKVI account up to date. 

If you have any questions or problems proving your status or accessing your UKVI Account, you should contact the Home Office EUSS Settlement Resolution Centre: 0300 123 7379.

If you have made a late application for status under EUSS and you have been issued a Certificate of Application, you will need to get a ‘share code’ to prove you have rights whilst your application is pending. You will be able to share this with third parties such as employers, landlords, and other services.
 

It is important to keep the details in your UKVI Account up to date. You can do this by logging into your UKVI Account and navigating to the ‘update your details’ section. You can log into your UKVI Account using the GOV.UK website.

To update your mobile number or email, input the new details; a code will be sent to the new number or email. You must enter this code on the website and verify that the new details are correct.

To update your identity document (this will be your European passport or national ID card or passport for non-European status holders), you will need to enter the new details and to upload a photograph of the new document. You can add more than one identity documents to your UKVI Account. If the Home Office requires you to send a physical copy of the new identity document(s), they will contact you with details on how to do this.

If you have any questions or problems, you should contact the Home Office EUSS Settlement Resolution Centre on 0300 123 7379.
 

If you already hold a biometric residence card under the old EEA Regulations and it has not expired, the Home Office will not issue you a replacement card. This applies when you are granted pre-settled status or settled status. However, if you want to replace your existing biometric residence card or permit for one that displays your pre-settled status or settled status you can apply for a replacement card on the Home Office website.

If your current biometric residence card has expired, or you have a biometric residence permit under another immigration route (for example as a student), it will be automatically replaced by the Home Office when you are granted pre-settled status or settled status. 
 

International travel

There should be no substantive changes to border controls for European citizens and family members with pre-settled status or settled status. While Border Force staff sometimes do ask questions at the UK border to confirm a person’s immigration status, there should usually be no refusal of entry for pre-settled status or settled status holders. 

Upon arrival in the UK you may be asked about the purpose of your journey. If that happens you should inform Border Force staff that:

  • you have pre-settled status or settled status; or
  • that you are awaiting the outcome of your EUSS application; or
  • if you are joining a family member, that you hold an EUSS Family Permit. Border Force staff can check your status; or
  • if your EUSS application is linked to your travel document, check whether you have applied; or
  • conduct further checks if you are travelling on an alternative document.

A person can be refused entry into the UK for the following reasons:  

  • it is for security reasons; or
  • if an individual no longer meets the requirements of the EUSS; or
  • if an individual does not hold valid leave to enter (such as an EUSS Family Permit).

If you are refused entry for any of these reasons, you will be required to return to your home country or the country you arrived from. If you are refused entry you should consult a UK-based immigration lawyer for advice on your legal position and what is the appropriate action to take. 

Please see our dedicated sections for detailed information about immigration advice, finding a lawyer, and how to work with them.
 

To avoid unnecessary delays at the border, it is important that the identity document you travel on is registered to your UKVI Account. You can do this by following instructions under the heading Updating your UKVI Account. When you give the Home Office details of a new identity document, your existing one will remain linked to your status. If both identity documents are valid, you can use either document to travel. You can log into your UKVI Account on the GOV.UK website to see which identity documents are linked to your status.

European citizens with pre-settled or settled status can continue to use their use EU, EEA or Swiss national identity cards for travel and entry to the UK. European citizens who are not eligible for pre-settled or settled status (or who are not otherwise protected by the Withdrawal Agreement) can no longer use EU, EEA or Swiss national identity cards for travel and entry to the UK and must travel on a valid passport.

If non-European family members with pre-settled status or settled status wish to travel to an EU country, they will need to check the visa requirements for the destination country. They may need to apply for a visa to enter the EU. 
 

If you are an EU citizen with pre-settled or settled status, you are not required to show your status to ‘carriers’ such as airlines, Eurostar, or ferry operators. However, in practice, many carriers may request this information. It is therefore important that you are familiar with logging into your UK Visa and Immigration (UKVI) account to confirm your status, if necessary.

Carriers might ask you for a “share code” which can be used to check you have pre-settled or settled status. You can generate a share code from your UKVI account using the View and Prove service, which can be given to carriers to check your status (you should use the “other” type of share code not the one for employers or the one for landlords). 

Share codes are valid for 90 days and so you can generate the share code before you travel if you are returning within 90 days. 
 

The Home Office has set up 24/7 passenger support helpline which opened on 31 December 2024 to assist with any issues relating to travelling on eVisas, problems with your UKVI account, or to resolve issues with carriers. The helpline number is 0800 876 6921 (free) or 0203 337 0927.

You can find further information about how to report eVisa issues to the Home Office in this eVisa Bust Card created by the3million and Migrants Organise.
 

Complex applications under EUSS

If you have been convicted of a criminal offence, it is important to seek legal advice because it may impact your ability to be granted pre-settled status or settled status or, if the criminal conviction comes after the grant of status the Home Office may seek to remove your status. 

The impact of a criminal record depends on when any offences were committed and how serious they are. 

Criminal conduct from before 01 January 2021 are assessed under EU law rules, which sets higher thresholds for removing immigration status than under UK legislation.

Criminal conduct after 31 December 2020 will be assessed under UK legislation, which sets a lower threshold for removing an immigration status following a criminal conviction.

If you be refused pre-settled status or settled status or you had status that the Home Office has removed due to criminality, then you will be at risk of being removed from the UK and therefore, it is important very important to seek legal advice. Please see our dedicated sections for detailed information about immigration advice, finding a lawyer, and how to work with them.
 

Moving to the UK after 1 January 2021

From 1 January 2021, Europeans moving to the UK to work and undertake other business activities will need to apply for a UK immigration status under the “points-based system” or another immigration category. If this is your case, you are not eligible to apply for an immigration status under the EUSS.

If you were living in the UK by 31 December 2020 but have since broken your continuous residence in the UK (this means you have spent too long outside the UK), you are also not eligible for EUSS status or you may have pre-settled status or settled status removed. This would mean you will need to apply under the “points-based system” if you want to return to live or continue living in the UK. 

If you are already in the UK, your options depend on your current immigration status. Some immigration categories cannot be extended from inside the UK, for example visitors. Others may be extended or converted to indefinite leave to remain. You should seek advice from a regulated advisor at least 3 months before your current immigration status is due to expire. 

If you have a history of criminal offending, or past breaches of immigration laws in any country, your application may be refused. In this situation it is recommended to speak to a lawyer before you make your application, particularly if you have previously been removed or deported from the UK. 

While you can make multiple applications, the process becomes much harder every time you are refused an application. It is often better, and cheaper, to make one good-quality application with the help of a lawyer, than asking a lawyer to help after you have tried and had your application refused multiple times. 

Please see our dedicated sections for detailed information about immigration advice, finding a lawyer, and how to work with them.

For European citizens with status under the EUSS, eligible joining family members can apply to join them in the UK at any time. These joining family members do not need to apply for a visa under the points-based immigration system but they may need to apply for an EUSS family permit to travel to the UK so they can then apply for pre-settled status or settled status. Some joining family members can apply directly for pre-settled status or settled status outside the UK, but should wait for this status to be granted before travelling to the UK.

Each type of immigration status has a different Home Office application fee. You will need to pay this online when you make your application. These fees can change, so check if the fees have changed before applying.

You may also be required to pay an Immigration Health Surcharge if you are applying for an immigration status that lasts more than 6 months. This charge goes to the NHS and you will need to pay this even if you do not use the NHS. More details about the Immigration Health Surcharge are available on the GOV.UK website.
 

Depending on your nationality, you may also be required to record your biometric details or complete the application process at a visa application centre. Where either or both of these are necessary, you will be invited to book an appointment online after you have submitted and paid for your immigration application. There may be fees for booking your visa application centre appointment or for recording your biometric details.

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