The European Union Settlement Scheme is a scheme launched in 2019 by the Home Office to process the registration of EU citizens resident in the United Kingdom prior to its departure from the European Union. Applicants to the Scheme will, if successful, receive one of two statuses, dependant on a number of eligibility criteria – most notably, time resident in the United Kingdom:
'Settled status'
'Pre-settled status'
Application process
The application process is predominately digital. Applicants are required to use an NFC-enabled device to scan the biometric chip on their relevant identification document, after which they are free to complete the application on any internet-enabled device. During the early stages of the Scheme's rollout process, there was a £65 fee for applicants above the age of 16 at the point of application. This was, however, dropped following pressure from a number of groups and individuals. To complete an application through the online portal, citizens must have a valid passport or national identity card, and may be asked to provide proof of continuous residence if checks with the Department for Work and Pensions and Her Majesty's Revenue and Customs cannot confirm the duration of stay using the applicant's National Insurance number.
Eligibility
The EU Settlement Scheme applies to all EU, EEA and Swiss citizens resident in the United Kingdom prior to its departure from the European Union, and their family members. Relevant nationals who are not in their own right British nationals, or who do not already have indefinite leave to enter the UK or indefinite leave to remain in the UK, and who wish to remain in the United Kingdom, are required to apply under the Scheme lest they face enforcement action. Citizens resident in the UK prior to 31 December 2020 and exercising Treaty rights for a continuous period exceeding five years will usually receive settled status. Those without five years of continuous residence at the point of application will typically receive 'pre-settled status'. Upon achieving five years of continuous residence, citizens with 'pre-settled status' may apply for 'settled status'. Pre-settled status lapses five years from the point at which it is granted.
Settled status
Citizens who have been granted 'settled status' under the Scheme – formally Indefinite Leave to Remain under Appendix EU to the Immigration Rules – are able to remain in the UK as long as they wish, subject to conditions. Those with settled status retain the same rights to employment, welfare, education and public funds as previously. Citizens with 'settled status' may spend up to exactly five continuous years outside the United Kingdom without impacting their immigration status, and will lose their 'settled status' if they spend any continuous time of five years and a day or longer outside the UK. Similarly, close family members may join citizens with 'settled status' before 31 December 2020, or 31 of December 2025 for the spouses and civil partners of Swiss citizens; these close family members must register on the Scheme when they become resident. Children born in the UK to parents, at least one of whom is a citizen with 'settled status' at the time of the child's birth, automatically have British citizenship from birth. Children born in the UK, at least one of whose parents acquire 'settled status' after the child's birth, have an entitlement to acquire British citizenship before the child's 18th birthday.
Statistics
In the period up to 31 January 2020, the Home Office had received 3,107,900 applications under the scheme, with 351,800 in January 2020 alone. Of these, 2,730,200 had been completed, with 58% of applicants receiving settled status, 41% receiving pre-settled status, and a further 0.7% resulting in another outcome. As of the end of January 2020, more applications had been received from Polish citizens than any other nationality; the least from any EU country had been Luxembourg and the least from any country had been Liechtenstein.
