EU Settlement Scheme Applications

EU Settlement Scheme Applications – How to Secure Your Status in the UK

The EU Settlement Scheme (EUSS) was introduced to protect the rights of EU, EEA and Swiss nationals and their family members following the UK’s departure from the European Union. Although the main deadline passed in June 2021, many individuals still qualify to apply, upgrade their status, or join eligible family members. However, the rules have become increasingly technical, especially around late applications, absences, eligibility categories and evidential standards.

At The Jonathan Lea Network, we help applicants navigate the EUSS with clarity and confidence. Whether you need to submit a late application, upgrade from pre-settled to settled status, or challenge an incorrect decision, our team provides structured, practical support tailored to your circumstances.

Who Can Apply Under the EU Settlement Scheme?

You may be eligible to apply if you are one of the following:

• An EU, EEA or Swiss national
  
• A family member of an eligible EU, EEA or Swiss national
  
• A person who previously lived in the UK with free movement rights
  
• A person with “retained rights of residence” after divorce, separation or bereavement
  
• A dependent relative, primary carer, or other eligible category
  
• A joining family member coming to live with someone who already holds status under the EUSS
  

Residence Cut-Off Date

For most categories, you must have been resident in the UK by 31 December 2020.
The main exception is joining family members, who can still apply even if they were not resident by this date.

Swiss Family Members – Important Exception

Family members of Swiss citizens may apply up to 31 December 2025 if:

• The relationship began between 1 January 2021 and 31 December 2025, and
  
• The relationship continues to exist at the date of application
  

This exception reflects separate arrangements in the UK–Switzerland agreement.

Understanding Pre-Settled and Settled Status

Pre-Settled Status

Granted to eligible applicants who have lived in the UK for less than five years. Valid for five years, allowing you to stay and continue accruing residence for settled status.

Automatic Extension (2024–2025 changes)

The Home Office now automatically extends pre-settled status by two years if you do not obtain settled status before expiry. This is intended as a safeguard, but applicants should still apply for settled status once eligible.

Automatic Upgrade to Settled Status (2025 change)

As of 2025, the Home Office has begun automatically upgrading some eligible pre-settled status holders to settled status.
However:

• Not everyone is included
  
• You will be notified if your status is upgraded
  
• Most people should still apply manually as soon as they become eligible
  

Settled Status

Equivalent to Indefinite Leave to Remain. Requires:

• Five continuous years of residence
  
• No excessive absences
  
• Eligibility under the correct EUSS category
  

Holders can live, work and study in the UK without time restriction.

Am I Eligible to Apply Late?

Many individuals still submit late applications for valid reasons. The Home Office accepts late applications where there are reasonable grounds for missing the original deadline.

Examples include:

• Serious illness
  
• Lack of capacity
  
• Children whose parents failed to apply
  
• Victims of domestic abuse or controlling relationships
  
• Mistaken belief that no application was required
  
• Lack of internet access or documentation
  
• People who held permanent residence documents and didn’t realise they were invalid post-Brexit
  

We help applicants prepare strong, well-evidenced explanations that clearly address Home Office expectations.

Important 2023 Rule Change

Since August 2023, if no reasonable grounds are shown, the application will be rejected as invalid, not refused.
This means:

• There is no right of appeal
  
• You may submit another application with improved explanations
  
• Judicial review may be possible in limited cases
  

We advise on the strongest grounds and next steps for rejected applications.

Common Categories Under the EU Settlement Scheme

Joining Family Members

Family members of eligible EU nationals can still apply to join them in the UK, provided:

• The relationship existed before 31 December 2020, and
  
• It continues to exist at the date of application
  

For Swiss citizens, the extended 2025 window applies (see above).

Family members generally have 90 days from arrival or from a triggering event (such as a child’s birth or adoption) to submit their application.

Durable Partners

Unmarried partners can apply if they can show:

• A durable relationship, usually two years’ cohabitation or equivalent evidence
  
• The relationship existed before 31 December 2020
  
• The relationship continues
  

These cases require detailed, well-prepared documentation.

Retained Rights of Residence

Applies where the relationship with an eligible EU citizen has ended due to:

• Divorce
  
• Separation
  
• Bereavement
  
• The EU citizen leaving the UK
  
• Domestic abuse
  

Each circumstance requires specific types of evidence.

Derivative Rights (Zambrano, Chen, Ibrahim/Teixeira)

These routes apply to carers or primary caregivers of children or dependants who have rights under EU law. The Home Office applies strict tests, and professional guidance is strongly recommended.

Evidence Requirements – What You Need to Provide

EUSS applications generally require evidence of:

• Identity and nationality
  
• Residence in the UK
  
• Relationship to the EU national
  
• Continuous residence (if applying for settled status)
  
• Eligibility for a specific category
  
• Reasonable grounds for late application (if relevant)
  

Residence Evidence

Can include:

• Bank statements
  
• Employment records
  
• Utility bills
  
• NHS letters
  
• Education records
  
• Tenancy agreements
  
• Council tax letters
  

Relationship Evidence

Especially important for durable partners, children, dependants and retained rights categories.

Suitability Requirements

Applicants must show:

• No serious criminal convictions
  
• No deception or false documentation
  
• No immigration offences that trigger refusal
  

We review personal circumstances carefully to avoid suitability-based refusals.

The EU Settlement Scheme Application Process

1. Initial Consultation

We review your history, residence, family relationships and any gaps in your circumstances.

2. Evidence Gathering

We help you source, organise and format evidence to meet Home Office requirements.

3. Application Preparation

We draft or review your application and prepare supporting statements, including:

• Residence summaries
  
• Relationship statements
  
• Late application explanations
  
• Exceptional circumstances submissions
  

4. Uploading Evidence

Documents must be clearly labelled and in the correct format.

5. Decision

Possible outcomes:

• Pre-settled status
  
• Settled status
  
• Request for further evidence
  
• Invalid application (if no reasonable grounds)
  
• Refusal on eligibility or suitability grounds
  

If your application is refused, we advise on administrative review or a fresh application.

Reapplication After Rejection or Refusal

If your EUSS application is rejected for lacking reasonable grounds, you may:

• Submit another application with improved explanations
  
• Rely on new evidence
  
• Consider Judicial Review in limited circumstances
  

We advise on the best strategy based on your situation.

Common Issues Applicants Face – And How We Help

1. Gaps in Residence Evidence: We identify alternative documents and prepare detailed explanations.

2. Absence Concerns: Absences can impact eligibility for settled status.

2025 policy update: Recent guidance clarifies and, in some cases, tightens the rules around permitted absences. If you have lengthy absences or exceptional reasons for travel, seek up-to-date advice before applying.

3. Late Applications: We help applicants prepare robust “reasonable grounds” explanations.

4. Durable Partner Evidence: We guide couples through gathering strong cohabitation and relationship evidence.

5. Suitability Concerns: We review any issues that could affect approval and prepare mitigation arguments where appropriate.

Upgrading to Settled Status

Once you have five continuous years of residence, you may be eligible to upgrade from pre-settled to settled status.

You must demonstrate:

• Continuous residence
  
• Compliance with absence rules
  
• Ongoing eligibility or retained rights
  

Although many applicants will be automatically extended or even upgraded, most should still apply manually to avoid uncertainty or delays.

We help assess eligibility and prepare your application efficiently.

Why Choose The Jonathan Lea Network?

Clear, Personalised Guidance: We break down the process and give you clear next steps tailored to your circumstances.

Specialists in Complex EUSS Categories: We regularly handle late applications, retained rights, durable partner cases and complex family joiner applications.

Well-Structured Evidence Bundles: We assemble your documents in a clear, logical and Home Office-friendly format.

Transparent Fees and Practical Advice: We offer fair fees and strategic guidance focused on achieving the best possible outcome.

Holistic Legal Support: We collaborate with our wider teams (family, employment, private client) to provide fully integrated legal support when needed.

Speak to Our Immigration Team Today

Whether you are applying late, joining a family member, upgrading your status or dealing with a complex category, we can help you navigate the EU Settlement Scheme with clarity and confidence. Our team prepares strong applications, anticipates issues and ensures your rights in the UK are protected.

Contact The Jonathan Lea Network today to speak with our immigration specialists about your situation.

We offer a no-cost, no-obligation 20-minute introductory call as a starting point or, in some cases, if you would just like some initial advice and guidance, we will instead offer a one-hour fixed fee appointment (charged from £250 plus VAT to £350 plus VAT* depending on the complexity of the issues and seniority of the fee earner).

Please email wewillhelp@jonathanlea.net providing us with any relevant information ensuring that any call we have is as productive as possible or call us on 01444 708640. After this call, we can then email you a scope of work, fee estimate (or fixed fee quote if possible), and confirmation of any other points or information mentioned on the call.

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