EU Settlement Scheme (EUSS)
The EU Settlement Scheme (EUSS) was the UK government's post-Brexit programme for EU, EEA, and Swiss nationals who were living in the UK before 31 December 2020. It allowed them to apply for either Settled Status (permanent residency) or Pre-Settled Status (a 5-year leave grant). Both statuses give the holder the right to live and work in the UK without visa sponsorship. Pre-Settled Status holders must actively apply to upgrade to Settled Status once they reach 5 years of continuous UK residence — it does not convert automatically.
In This Article
- What is the EU Settlement Scheme?
- Settled Status vs Pre-Settled Status
- Who was eligible to apply?
- The application deadline and late applications
- Upgrading from Pre-Settled to Settled Status
- Right to work for EUSS holders
- Family members under the EUSS
- EUSS and the eVisa
- Common mistakes to avoid
- Frequently asked questions
- Related terms
What is the EU Settlement Scheme?
When the UK left the European Union on 31 January 2020, EU, EEA, and Swiss nationals who were already living in the UK needed a way to secure their immigration status for the future. Free movement between the UK and EU ended on 31 December 2020.
The EU Settlement Scheme was the mechanism created by the UK government to protect the rights of those people. It ran as an online application process, and the vast majority of applications were decided quickly and positively. By the deadline, over 6 million people had applied.
Applicants were granted one of two statuses:
- Settled Status (equivalent to Indefinite Leave to Remain) for those who had 5 or more years of continuous UK residence
- Pre-Settled Status (5 years of leave) for those who had not yet reached 5 years of continuous residence
Settled Status vs Pre-Settled Status
| Feature | Settled Status | Pre-Settled Status |
|---|---|---|
| Equivalent to | ILR (permanent residency) | Time-limited leave (5 years) |
| Time limit | No expiry on status itself | 5 years from date of grant |
| Right to work | Unrestricted | Unrestricted |
| Right to rent | Yes | Yes |
| Access to public funds | Yes | Limited (some restrictions apply) |
| Path to British citizenship | Yes (after qualifying period) | Must upgrade to Settled Status first |
| Automatic upgrade | N/A | No — must apply to upgrade |
Who Was Eligible to Apply?
The scheme was open to:
- Citizens of EU member states (all 27 current members)
- Citizens of EEA countries (Iceland, Liechtenstein, Norway)
- Swiss nationals
- Family members of any of the above, including non-EU/EEA/Swiss nationals
To qualify, you must have been resident in the UK before 31 December 2020. Residence means physically living in the UK — you did not need to have been working or studying. Even short breaks from the UK were generally acceptable provided the UK was your primary place of residence.
The Application Deadline and Late Applications
The main application deadline was 30 June 2021. Anyone who was resident in the UK before 31 December 2020 and had not applied by that date technically lost their free movement status and became unlawfully resident — although the Home Office's approach to enforcement in these cases has been pragmatic rather than punitive.
Late applications are still accepted if there are reasonable grounds for not having applied in time. The Home Office assesses each case individually. Commonly accepted reasons include:
- Serious illness or incapacity
- Being a child whose parent or guardian failed to apply
- Domestic abuse or controlling relationship that prevented application
- Not being aware of the requirement (in certain circumstances)
- Administrative problems with an earlier application
If you or a family member did not apply by the deadline and have not yet obtained status, you should seek immigration advice and submit a late application as soon as possible, explaining the reasons for the delay.
Upgrading from Pre-Settled to Settled Status
Pre-Settled Status is not permanent. It is a time-limited leave grant for people who did not yet have 5 years of continuous UK residence when they applied. To obtain permanent residency, you must apply to upgrade to Settled Status.
Key points:
- You can apply to upgrade at any time once you have 5 continuous years of UK residence (this does not have to coincide with your Pre-Settled Status expiry)
- You must apply before your Pre-Settled Status expires. If it expires without you having applied, you become unlawfully resident
- Pre-Settled Status does not automatically convert to Settled Status — the UK Supreme Court confirmed this in 2023
- The upgrade application is free
- Continuous residence means not spending more than 6 months outside the UK in any 12-month period during the 5 years (with some exceptions)
Right to Work for EUSS Holders
Both Settled Status and Pre-Settled Status holders have an unrestricted right to work in the UK. This means:
- No employer sponsorship is needed
- No sponsor licence is required
- No restrictions on role, salary, or sector
- No limitations on how many jobs you hold simultaneously
For employers conducting right to work checks, EUSS holders prove their status through the eVisa share code system, using their UKVI online account. A physical EU passport or identity card is no longer accepted as a standalone right to work document.
Family Members Under the EUSS
Non-EU/EEA/Swiss family members of EUSS applicants could also apply, provided the relationship existed before 31 December 2020 (or, in some cases, before 30 June 2021 for close family members). Family members granted status under the EUSS have the same rights as the EU national principal applicant.
The most common family member applications were from spouses and partners of EU nationals, followed by children. Non-EU partners who were already in the UK were often surprised to learn they needed to apply separately under the scheme.
Family members joining after the cut-off dates may need to apply under the standard UK family visa rules rather than the EUSS.
EUSS and the eVisa
EUSS status is now evidenced digitally through the eVisa system. EUSS holders do not receive a physical document — their leave is recorded in the Home Office system and accessible through a UKVI online account.
To prove status to employers, landlords, or other services, EUSS holders generate a share code from their UKVI account, just like holders of other visa categories. EU passports and national identity cards are no longer accepted as proof of UK immigration status on their own.
If you have EUSS status but have not yet set up a UKVI online account, you should do so at gov.uk to access your eVisa.
Common Mistakes to Avoid
- Assuming Pre-Settled Status converts automatically to Settled Status. It does not. You must actively apply to upgrade once you have 5 years of continuous residence.
- Letting Pre-Settled Status expire without applying to upgrade. Once your Pre-Settled Status expires, you may become unlawfully resident. Apply to upgrade well before your status expires.
- Losing track of time abroad. Extended periods outside the UK can break the continuity of residence required for Settled Status — the limit is 6 months in any 12-month period. If you split time between the UK and your home country, keep a travel log.
- Using an EU passport as proof of right to work. Employers must now use the online share code system to verify EUSS status. An EU passport alone does not prove a right to work in the UK.
- Late applicants not seeking advice quickly. If you were resident before 31 December 2020 but never applied, your status is vulnerable. Seek immigration advice and submit a late application with supporting evidence as soon as possible.
Frequently Asked Questions
What is the EU Settlement Scheme?
The EU Settlement Scheme (EUSS) is a UK government programme that allowed EU, EEA, and Swiss nationals who were living in the UK before 31 December 2020 to apply for UK immigration status after Brexit. Successful applicants received either Settled Status (equivalent to ILR) or Pre-Settled Status (5 years of leave), depending on how long they had been resident.
What is the difference between Settled Status and Pre-Settled Status?
Settled Status is equivalent to Indefinite Leave to Remain — it is permanent residency with no time limit. Pre-Settled Status is a 5-year leave grant for those who had not yet completed 5 continuous years of UK residence at the time of their application. Pre-Settled Status holders must apply to upgrade to Settled Status once they reach 5 years of continuous residence.
Does Pre-Settled Status automatically become Settled Status?
No. Pre-Settled Status does not automatically convert to Settled Status. You must actively apply to upgrade once you have 5 years of continuous UK residence. The UK Supreme Court confirmed in 2023 that the automatic conversion proposed in some policy discussions did not apply, and Pre-Settled Status holders must submit an upgrade application.
Can I still apply under the EU Settlement Scheme after the June 2021 deadline?
Yes, in certain circumstances. The deadline for most applicants was 30 June 2021, but late applications are accepted if you have reasonable grounds for the delay. The Home Office assesses each late application individually. Common acceptable reasons include serious illness, being a child without legal guardians making the application, or not being aware of the requirement.
Can EU Settlement Scheme holders work for any employer in the UK?
Yes. Both Settled Status and Pre-Settled Status holders have unrestricted right to work in the UK. No visa sponsorship is required, and there are no restrictions on employer, role, or salary. Employers verify status through the eVisa share code system.
Related Terms
EU nationals with Settled or Pre-Settled Status can work for any UK employer — no sponsorship needed. Browse roles across all industries. Search jobs