The right of freedom of movement extends to nationals of those countries which are not part of the EU but are part of the European Economic Area (EEA): Iceland, Liechtenstein and Norway. Switzerland is not a member of the EEA but the EU has concluded a separate agreement with Switzerland giving freedom of movement rights to Swiss nationals similar to those of other EEA states. This means that, at present, nationals from the following countries have the right to freedom of movement:

Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.

The Common Travel Area arrangements between the UK and Ireland allow Irish nationals to move freely into the UK from Ireland. Section 1(3) of the Immigration Act 1971 provides that arrival in the United Kingdom on a local journey from the Republic of Ireland shall not be subject to control under the Act but section 2 of the Act, which establishes rights of residence (above) in the UK, does not mention Irish nationals. The UK Government has given assurances that Irish nationals will have a right of residence in the UK and that they will not be required to apply for settled status.

EU Settlement Scheme (EUSS)

EU citizens living in the UK by 31 December 2020 are eligible to apply to the EU Settlement Scheme and will have until 30 June 2021 to make an application. As a transition measure, employers, landlords and public service providers will continue to accept the passports and national identity cards of EU citizens as evidence of permission during this period, up until 30 June 2021. Both pre-settled and settled status under the EUSS allows unrestricted rights to work, providing employers with flexibility to meet labour market demands.

What is settled status?

Settled status means that you can stay in the UK for as long as you like. You can work in the UK, use the NHS, enrol in education and access state benefits. Any children born in the UK after you are granted settled status will automatically be British citizens.

Who can apply for settled status?

To be eligible for the settled status you will normally need to:

• Be an EU citizen (or an EEA or Swiss citizen) or a family member of an EU citizen (or EEA or Swiss citizen)          
• Have lived in the UK for a continuous five year period.

What is pre-settled status?

Pre-settled status means that you can stay in the UK for a further five years from the date you get pre-settled status. You can work in the UK, use the NHS, enrol in education and access state benefits. Once you have lived in the UK for five continuous years, you can apply for settled status.

Who can apply for pre-settled status?

To be eligible for pre-settled status you will normally need to:

• Be a European citizen or a family member of an European citizen
• Have started living in the UK before 31 December 2020

Which family members of European citizens can apply?

Family members who are European citizens can apply for settled status in their own right.

Family members who are not European citizens

You can apply if you are a spouse, civil partner or an unmarried partner. If you an unmarried partner, you have to be in a durable relationship, normally this means living together in a relationship similar to marriage for at least two years but it can also apply where there is other significant evidence of a durable relationship. You can also apply if you are related to a European citizen, their spouse or civil partner as their:

• Child, grandchild or great-grandchild under 21 years old
• Dependent child over the age of 21
• Dependent parent, grandparent or great-grandparent
• Dependent relative with a residence card to prove the relationship
• Former spouse or civil partner if you were resident in the UK at the time of the termination of the marriage/civil partnership and you meet one of the conditions set out below:
  1. 1. Child includes adopted children and children born through surrogacy (where recognised in UK law).
     2. Dependent means that, taking into account their financial and social conditions or health, the family member cannot meet their essential living needs without financial or material support from the European citizen (or the European citizen’s spouse or civil partner).
• If you are the former spouse or civil partner of a European citizen, you must meet one of the following conditions:
  1. 1. Before the termination proceedings started, the marriage/civil partnership had lasted for at least three years and both of you had been continuously resident in the UK for at least one year during the marriage/civil partnership or
     2. You have custody of a child of the European citizen or
     3. You have the right of access to a child of the European citizen, where the child is aged under 18 and a court has ordered that the access must take place in the UK or
     4. Your continued right of residence is warranted by particularly difficult circumstances, such as where you or another family member has been a victim of domestic violence or abuse during the marriage or civil partnership.

I am a European citizen and I already have valid permanent residence document.  Do I still need to apply for settled status?

Yes, your permanent residence document will not be valid after 31 December 2020 and so you will still need to apply for settled status.

I am not a European citizen and I have indefinite leave to remain. My wife is a European citizen. Do I still need to apply for settled status?

You do not have to apply but you can choose to apply if you wish. You will not have to prove five years’ continuous residence.

What if my application is not successful?

You may be able to apply for an administrative review of the decision. You can apply for an administrative review if either:

• Your application was refused because you did not meet the requirements for settled status/pre-settled status but you believe that you do.
• You were granted pre-settled status but you think you qualify for settled status.

You cannot apply for a review if your application was refused because you are going to be or have been removed, deported or excluded from the UK.

Is there a fee for an administrative review?

There is a Home Office fee of £80 per person. The fee will be refunded if either:

• Your application for a review is successful, because the decision maker made a mistake with the original application
• Your application for a review is rejected because it’s invalid.

If the original decision is upheld then the fee will not be refunded. If the application is successful due to new evidence then the fee will not be refunded.

Therefore, if you are relying on new evidence, then you should consider making a fresh application for settled status/pre-settled status, instead of applying for an administrative review as no fee is payable.

Is there a deadline for applying for an administrative review?

Administrative review must be filed within 28 days of the date on your decision email.