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Status of EU Nationals and their family members

EU Settled Status Scheme

This page has information about the EU Settled Status Scheme (EUSS) with some frequently asked questions.

The RCN's Immigration Advice Service can offer you support if you're concerned about your EU Settled Status, or if you need to appeal against a refusal for settled status. 

 

The deadline for applying to the EUSS was on the 30th of June 2021. You can still submit a late application, but you must provide reasonable grounds as to why your late application should be considered.

Examples can include:

  • a lack of capacity 
  • mental condition or treatments
  • being a victim of slavery
  • being a victim of abuse or control.

There is no legal definition as to what would count as a reasonable ground. All applications will be considered on their own merits.

Individuals eligible to submit late applications

There are some individuals who are eligible to submit late applications if you are one of the following:

  • The family member of someone from the EU, Switzerland, Norway, Iceland, or Liechtenstein who was living here by 31 December 2020, and has settled or pre-settled status, and you’re joining them in the UK on or after 1 April 2021
  • Applying for your child, who was born or adopted in the UK on or after 1 April 2021
  • The family member of an eligible person of Northern Ireland, but they could not move back to the UK by 31 December 2020 without you - you must be from outside the EU, Switzerland, Norway, Iceland or Liechtenstein
  • Exempt from immigration control, or you stopped being exempt from immigration control after 30 June 2021
  • Here with limited leave to enter or remain in the UK (for example, if you’re here on a work or study visa) which expires after 30 June 2021

Further Information

Further information can be found on the EU Settled Status Scheme website:

You risk losing settled status if you are absent from the UK for more than five years.

If you have pre-settled status, the length of time you can be absent from the UK is two years. However, this will break your continuous residence in the UK which might affect your ability to apply for settled status, as you will not have been living in the UK for a continuous five-year period.

Changes to the Immigration Rules in July 2023 have stated that people with pre-settled status will have their status extended for a further two years before it expires if they have not obtained settled status. This new provision will come into force from September 2023.

Please contact the RCN Immigration Advice Service if you are concerned about absences from the UK and have settled or pre-settled status.

Yes, you can appeal.

Our solicitors within the Immigration Advice Service can assist you with preparation and representation at the appeal.

Yes, you can.

The eligibility criteria will be the same as your EU family member.

Yes, you can.

The Home Office will send you a letter called a ‘Certificate of Application’ confirming that you have applied. This letter can be shown to employers.


 

How the Immigration Advice Service can help

The RCN's Immigration Advice Service can offer you support if you're concerned about your EU Settled Status, or if you need to appeal against a refusal for settled status.

How to contact us

Call RCN Direct on 0345 772 6100 or see how to contact the RCN Advice Team.

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