I am an EU citizen living in the UK. How do I secure my right to remain after Brexit?

Short answer

EU, EEA, and Swiss nationals who were living in the UK by 31 December 2020 could apply to the EU Settlement Scheme (EUSS) for settled status (indefinite leave to remain) or pre-settled status (five-year leave to remain). The EUSS closed to most new applicants on 30 June 2021, but late applications are still accepted where there are reasonable grounds for the delay.

If you already hold settled status, you do not need to do anything further — your status is permanent. If you hold pre-settled status, you must apply to convert it to settled status before it expires and once you have five years of continuous UK residence. You must use the UKVI online service to make or upgrade your application.

1 The rule

The right to remain under the EU Settlement Scheme is governed by

The Withdrawal Agreement between the UK and EU (Article 18) requires the UK to operate a scheme allowing eligible EU citizens to obtain a residence document. The EUSS is that scheme. Late applications are assessed under the Home Office's published guidance on "reasonable grounds" for missing the June 2021 deadline.

2 What you can do now

1. 01
   Check your eligibility and what status you should apply for

   You are eligible if you are an EU, EEA (Iceland, Liechtenstein, Norway), or Swiss national (or a non-EU family member of one) who was residing in the UK by 31 December 2020. Apply for settled status if you have lived continuously in the UK for five or more years. Apply for pre-settled status if you have lived here for less than five years. Continuous residence means no single absence of more than six months in any 12-month period (with some exceptions for serious illness, study abroad, and compulsory military service). Check your qualifying period using the <a href="https://www.gov.uk/settled-status-eu-citizens-families/eligibility" target="_blank" rel="noopener noreferrer">GOV.UK EUSS eligibility checker</a>.

2. 02
   Gather your evidence of UK residence

   Evidence of residence can include: payslips, P60s, or employer letters; bank statements showing UK transactions; tenancy agreements or mortgage statements; GP or hospital letters; school or university records; child benefit or council tax letters; or a National Insurance number. You do not need to provide every document — the UKVI system cross-checks HMRC and DWP records automatically. Submit evidence for the full period you are claiming, particularly for any years not covered by HMRC records.

3. 03
   Create a UKVI account and complete the online application

   Applications are made through the <a href="https://www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-status" target="_blank" rel="noopener noreferrer">UK Visas and Immigration online service</a>. You will need to create a UKVI account using a valid email address. The application requires your identity document (passport or national identity card), a UK address, and your National Insurance number (if you have one). Scan or photograph your identity document using the UKVI app on a compatible smartphone, or use a paper application if you do not have a smartphone. The application fee is nil — there is no charge for EUSS applications.

4. 04
   Await the decision and access your digital status

   Most straightforward applications are decided within five working days, though complex cases involving criminal records or gaps in residence can take longer. You will receive an email confirming the outcome. Your status is entirely digital — there is no physical document. Access your status at any time through the <a href="https://www.gov.uk/view-prove-immigration-status" target="_blank" rel="noopener noreferrer">View and prove your immigration status</a> service on GOV.UK. Share access with employers, landlords, or government departments by generating a share code.

5. 05
   Convert pre-settled to settled status when eligible

   Pre-settled status gives five years' leave to remain from the date of grant. Once you have accrued five continuous years of UK residence, apply to upgrade to settled status through the same UKVI online service. Apply well before your pre-settled status expires. If you are unsure whether you have accrued five years, include all your residence evidence and let the UKVI system assess it. After the <a href="https://curia.europa.eu/juris/liste.jsf?num=C-56/21" target="_blank" rel="noopener noreferrer">CJEU Settled Status case (C-56/21)</a>, the Home Office confirmed it will not refuse to upgrade pre-settled status on the sole ground that a break in continuous residence occurred — provided the applicant still holds pre-settled status.

3 When this does not apply

• Irish citizens: Irish nationals have a separate right to live in the UK under the Common Travel Area and do not need EUSS status, though they may apply voluntarily.
• Family members of British citizens who lived in the EEA: known as Surinder Singh cases — may have additional rights under Appendix EU (Family Permit).
• Non-EU family members: a non-EU spouse, civil partner, child, or dependent parent of an eligible EU national may apply under Appendix EU provided they were resident in the UK by 31 December 2020 or have a family permit to join a settled-status holder.
• Criminal records: applications involving a criminal record are assessed individually. The Home Office applies a suitability test — convictions resulting in a custodial sentence of 12 months or more are serious. Always disclose — failing to do so is a ground for refusal.

4 Common questions