EU Applications
For EU, EEA, and Swiss nationals living in the United Kingdom, the EU Settlement Scheme (EUSS) remains one of the most consequential immigration processes of the post-Brexit era. Whether you need to upgrade from pre-settled to settled status before your deadline, submit a late EUSS application, or challenge a refused decision, acting promptly with expert legal advice is essential.
At Immigration Lawyers Advice, we have specialist experience in all aspects of the EU Settlement Scheme. We work with EU nationals across London and the wider UK to protect their right to remain — navigating an increasingly complex EUSS landscape with precision and urgency.
What Is the EU Settlement Scheme?
The EU Settlement Scheme was introduced following the United Kingdom’s departure from the European Union. It allowed EU, EEA, and Swiss citizens who were resident in the UK by 31 December 2020 — and their qualifying family members — to secure their immigration status in the UK.
There are two forms of status under the scheme:
Pre-Settled Status
Granted to those who were resident in the UK by 31 December 2020 but had not yet completed 5 continuous years of residence. Pre-settled status is granted for 5 years and is a stepping stone to settled status — it is not a permanent status and must be upgraded before it expires.
Settled Status
Granted to those who had completed at least 5 continuous years of residence in the UK by the date of their application. Settled status is indefinite and provides a permanent right to remain in the UK — broadly equivalent to indefinite leave to remain.
Upgrading from Pre-Settled to Settled Status
Once you have completed 5 continuous years of UK residence, you are eligible to upgrade from pre-settled to settled status. This upgrade is not automatic — you must submit a new EUSS application and demonstrate the required period of residence.
Key requirements for upgrading:
- 5 years of continuous residence in the UK, counted from your original date of arrival
- No absence from the UK of more than 6 months in any single 12-month period within those 5 years (subject to exceptions)
- The application must be submitted before your pre-settled status expires — not after
- CRITICAL WARNING: Pre-settled status is time-limited. If you do not upgrade to settled status before your pre-settled status expires, your legal right to remain in the UK will lapse. Tens of thousands of pre-settled status holders are approaching their expiry dates.
Contact us immediately if you are at risk of your status expiring without having submitted an upgrade application.
Permitted Absences and Continuous Residence
Absences from the UK during your qualifying 5-year period can affect your eligibility. The standard rule is that no single absence of more than 6 months in any 12-month period should occur. However, there are important exceptions:
- Absences for an important reason — including serious illness, study, vocational training, or an overseas posting by a UK employer — may be disregarded if properly evidenced
- One absence of up to 12 months for an important reason can be disregarded in some circumstances
- Those who completed their 5 years before the Brexit transition period ended may have more flexibility
- We assess your specific absence history and advise whether any qualifying exceptions apply before your upgrade application is submitted.
Late EUSS Applications
The original EUSS deadline was 30 June 2021. Late applications are still accepted by the Home Office where the applicant can demonstrate “reasonable grounds” for missing the deadline.
Accepted reasonable grounds have included:
- Serious illness, mental health difficulties, or other incapacity that prevented timely application
- Domestic abuse or a controlling relationship that prevented the person from applying independently
- Children who were not applied for by their parent or legal guardian
- Genuine lack of awareness of the requirement — particularly for elderly, isolated, or digitally excluded individuals
- Administrative errors or confirmed technical failures in the UKVI system
- Late applications receive close Home Office scrutiny — a poorly prepared application that fails to articulate and evidence the reason for delay will be refused. We prepare late EUSS applications with the level of care and specificity they require. For a dedicated guide to late applications, see our late EUSS application page.
EUSS Refusals — Your Options
If your EU Settlement Scheme application has been refused, you have specific legal remedies under the EU Withdrawal Agreement:
Administrative Review
If the Home Office has made a factual or procedural error in assessing your application, you can request an administrative review within 28 days of the refusal notice. Administrative review is assessed by a different Home Office caseworker.
EUSS Appeal
Under the EU Withdrawal Agreement, EUSS applicants have a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber) against a refusal — a broader right than applies to most other visa refusals. This right of appeal exists regardless of whether administrative review has been pursued first.
The time limit for lodging an EUSS appeal is 14 days (if in the UK and in detention), 28 days (if in the UK and not in detention), or 28 days (if outside the UK). Missing this deadline forfeits the right of appeal.
Family Members and EUSS
Family members of EU nationals including non-EEA national spouses, children, and other close relatives may also be eligible for EUSS status. The eligibility rules for family members differ from those for the EU national themselves, and joining family members who applied after the deadline face additional evidential requirements.