Check if you can get pre-settled status or settled status

You need permission to live in the UK if you're from a country in the EU, European Economic Area (EEA) or Switzerland.

The EEA includes EU countries and Norway, Iceland and Liechtenstein.

Your options for staying in the UK depend on your situation. 

The deadline for most people to apply for pre-settled or settled status through the EU Settlement Scheme was 30 June 2021. You might still be able to apply if you’re in one of these situations:

• you started living in the UK by 31 December 2020 and have a good reason for making a late application - you must include evidence to prove this

• your family member has pre-settled or settled status and you want to join them in the UK

• you have a valid biometric residence permit or visa - other than indefinite leave

If you’re not in any of these situations, you can only stay in the UK as a visitor for up to 6 months. If you want to live in the UK, you’ll need a work, study or family visa. You can check if you can get a visa on GOV.UK.

If you’re a British or Irish citizen, you don’t need permission to stay in the UK. If you have family members who aren’t British or Irish, you can check if your family can stay in the UK.

If you applied to the EU Settlement Scheme by 30 June 2021

If you already have pre-settled or settled status from the EU Settlement Scheme, you have permission to stay in the UK.

If you applied on time and you’re waiting for a decision, you can check how to prove your rights in the UK.

If you started living in the UK by 31 December 2020

If you haven't applied to the EU Settlement Scheme yet, what you need to do depends on your immigration status.

You should check if you can make a late application for pre-settled or settled status if:

• you don't have a biometric residence permit or visa

• you have indefinite leave

If you have a valid biometric residence permit or visa, you need to apply for pre-settled or settled status before your leave expires. This doesn’t count as a late application. 

If you started living in the UK after 31 December 2020

If you have a family member in the UK with pre-settled or settled status, you might be able to apply to stay with them in the UK under the EU Settlement Scheme. Your relationship with them must have started before 31 December 2020.

You can also apply for your child if they were born after 31 December 2020.

You can only apply to stay with your family member if you have either:

• an EEA or EU Settlement Scheme family permit - you must apply within 3 months of arriving in the UK

• a residence card

• a valid visa - for example, a work, study or family visa

If you came to the UK as a visitor and are a citizen of a country outside the EU, EEA or Switzerland, you’ll need to leave and apply from outside the UK.

Find out more about applying to the EU Settlement Scheme as a family member, including applying from outside the UK.

If you’re not eligible to apply as a joining family member, you can’t apply to the EU Settlement Scheme. If you want to live in the UK, you’ll need a work, study or family visa. You can check if you can get a visa on GOV.UK.

Making a late application to the EU Settlement Scheme

If you missed the deadline to apply to the EU Settlement Scheme, your rights in the UK have changed.

The deadline to apply for most people was 30 June 2021. If you’ve come to the UK since then to join a family member with EU or EEA citizenship, your deadline to apply is 3 months after you entered the UK.

You can make a late application if you had a good reason for missing the deadline - you should do this as soon as possible.

Check if you can apply

You can make a late application to the EU Settlement Scheme if you couldn’t apply on time for practical or ‘compassionate’ reasons. You must include evidence to show why you couldn’t apply on time.

You might have a practical reason if you're making a late application because:

• you were homeless 

• you're disabled or have other support needs

• you were in prison and you didn’t have access to advice or documents

You can also make a late application if you couldn’t get the evidence you needed in time. If you’re waiting for a new passport or national identity card, you can still make a late application. You’ll need to:

• ask your embassy for a letter confirming you’ve applied for a new passport or identity card

• apply to the EU Settlement Scheme on a paper form - find out more about applying on a paper form

You might also be able to make a late application for compassionate reasons. This might be because you:

• have experienced domestic abuse

• are a child and your parents didn’t apply for you

• are a child in care or you recently left care

• are a trafficking victim

There might be other good reasons why you couldn’t apply on time.

Proving your reasons for making a late application

When you make a late application, you should say what your reasons are.

You must include evidence to show why you're making a late application.

Your evidence should:

• show you have a good reason for not making your application until now

• account for the entire time since the deadline

If you’re from the EU, EEA or Switzerland and entered the UK on a visitor visa, you’ll need to include evidence to prove the date you entered the UK - for example, with a ticket or an entry stamp.

Talk to an adviser if you're not sure what evidence to use.

If you don’t have a good reason for making a late application

If the Home Office decides you don’t have a good reason for making a late application, it will be considered ‘invalid’ and you won’t have a right to appeal.

You won't usually be able to prove you have a good reason for making a late application if you’ve applied to the EU Settlement Scheme previously and were refused. Your previous application shows that you were aware of the deadline and able to apply on time.

Talk to an adviser before you make a late application.

Check what your rights are if you haven’t applied

If you arrived in the UK by 31 December 2020 and you haven’t applied to the EU Settlement Scheme yet, you don’t have permission to be in the UK. This will affect your rights.

If you make a late application, you’ll get your rights back while you’re waiting for a decision.

Check what you need to apply for

What you need to apply for depends on how long you’ve lived in the UK and if you’ve applied to stay in the UK before.

If you’ve spent time living in the Channel Islands or the Isle of Man, this counts as time living in the UK.

If you’ve lived in the UK for less than 5 years

You should make a late applicationfor pre-settled status. To get it, you'll need to prove you:

• lived in the UK for at least 1 day on or before 31 December 2020

• haven’t left the UK for more than 6 months since 31 December 2020

If you get pre-settled status, you can live and work in the UK for up to 5 years. After you’ve lived in the UK for 5 years, you should apply for settled status to stay for longer. 

You can spend up to 2 years outside the UK without losing your pre-settled status - but if you want to apply for settled status later, you need to:

• have lived in the UK for 5 years in a row

• prove that you lived in the UK for 6 months out of every 12 months during those 5 years

The 5 years can include time before you got pre-settled status.

Find out more about what you need to apply for pre-settled status.

If you've lived in the UK for 5 years or more

You should make a late application for settled status.

If you get settled status, you can:

• live and work in the UK for as long as you like

• live outside the UK for up to 5 years in a row without losing your status - 4 years if you're Swiss

• bring your family to live in the UK

• apply for British citizenship 1 year after getting your status - or immediately if your husband, wife or civil partner is a British citizen

Claiming benefits and getting help with housing

If you have settled status, you can apply for benefits or help with housing from your local council.

If you have pre-settled status, you can apply for benefits and housing help if you also have a ‘right to reside’ - this depends on things like your work and family.

You can check if you have a right to reside for benefits and check if you have a right to reside for housing.

Talk to an adviser if you’re worried about claiming benefits and getting help with housing.