The EUSS is closed for new applications, however, if you are from the EU, Switzerland, Norway, Iceland or Liechtenstein then you and your family members may be able to make a late application to continue to live in the UK post-Brexit. Additionally, if you have pre-settled status and have since become eligible for settled status, then you may be able to make an application.
If you make a successful application to the EU Settlement Scheme, then you will either get pre-settled or settled status. If you are granted settled status, then you will be entitled to remain in the UK indefinitely. Whereas if you are granted pre-settled status, then you will have permission to stay in the UK for five years which will enable you to build up the 5 years continuous period of residence in the UK required to be eligible for settled status.
Once you have accrued your ‘continuous residence’ in the UK then you will be able to apply to switch to settled status as soon as you are eligible. You do not need to wait until your pre-settled status expires to apply for settled status.
Continuous residence refers to the time you have spent in the UK without breaks.
To meet the 5-year continuous residence requirement for the EU Settlement Scheme, you must have been in the UK, the Channel Islands, or the Isle of Man for at least 6 months in any 12-month period for 5 years in a row. The 5 years is counted from the day you start your continuous residence and not the day you were granted pre-settled status.
You may break your continuous residence in the UK if you spend more than 6-months outside of the UK in any 12-month period during the five years you are relying on. If you are deemed to have broken your continuous residence then you may not be eligible for settled status.
There are some absences of more than 6-months in a 12-month period that won’t count as a break in your continuous residence. These absences can include:
One period of up to 12 months for an important reason - for example, childbirth, serious illness, study, vocational training, an overseas work posting or because of coronavirus (COVID-19);
Compulsory military service of any length;
Time you spent abroad as a Crown servant, or as the family member of a Crown servant;
Time you spent abroad in the armed forces, or as the family member of someone in the armed forces;
Working in the UK marine area.
If you have been absent from the UK for an ‘important reason’ and the implications of coronavirus and your absence has exceeded 12-months because coronavirus meant that you were prevented from, or advised against, returning to the UK earlier, then you will have exceed the permitted absence under Appendix EU. However, in these circumstances you may still be able to apply to the EUSS if you can prove that you couldn’t travel back to the UK within 12-months because of coronavirus or COVID-related guidance. Examples of this can include:
Where you were ill with COVID;
Where you were in quarantine, self-isolating or shielding in accordance with local public health guidance on coronavirus;
Where you were caring for a family member affected by coronavirus;
Where you were prevented from returning earlier to the UK due to travel disruption caused by coronavirus;
Where you were advised by your university or employer not to return to the UK, and to continue studying or working remotely from your home country, due to coronavirus.
Therefore, if your absence of 12-months or more was due to an ‘important reason’ and due to the implications of COVID-19 then you will not be considered as having broken your continuous qualifying period of residence. However, this absence will need to be proved.