The EU Settlement Scheme | Student Immigration Service

The EU Settlement Scheme (EUSS) is where EU citizens and eligible family members can obtain immigration status for the UK that aligns with their rights under the Withdrawal Agreement. Eligibility for EU SS pre-settled (LLR) and settled (ILR) status will depend on your individual circumstances.

Important changes to the EU Settlement Scheme

EUSS News: Changes to continuous residence from 16 July 2025

There has been a new statement of changes (24 June 2025) to the UK Immigration Rules. These new changes will apply from 16 July 2025 only.

UKVI has highlighted some confusion on the part of pre-settled status holders regarding permitted absences from the UK, which may have led some to inadvertently break their continuous residence in the UK (and thereby cease to be eligible for settled status) by exceeding the permitted absence(s) from the UK.

To simplify the assessment of the EU Settlement Scheme 'continuous residence' requirements, there will be new changes to enable a pre-settled status (LLR) holder to be granted settled status (ILR) where they have been resident in the UK for at least 30 months in total in the most recent 60-month period. This can be any 30 months within that 60-month period. These changes will only apply under the UKVI automated conversion process referred to below OR where a pre-settled status holder applies for settled status themselves.

The evidence of UK residence on which an EUSS applicant can rely will remain as set out in the EU Settlement rules and published guidance.

Switch from pre-settled status to settled status

EU Settlement Scheme overview

Automated conversions from late January 2025

If your pre-settled status expires soon, a new automated conversion process may apply to you

Automated Conversion:

UKVI will automatically convert eligible pre-settled status holders to settled status starting late January 2025.
UKVI use the same internal check process as per the usual application process

UKVI will verify that you meet eligibility requirements:

Continued UK residency (usually assessed via HMRC records)
No criminal conduct

Process Details:

Initially applies to pre-settled status holders with expiring permissions only
You must check your UKVI online account email address is correct to receive UKVI update emails
No further application action needed for these eligible individuals
UKVI will inform you of the settled status conversion or if you are not eligible

Future Plans:

UKVI will expand the automated conversion process later in 2025
UKVI are still considering how to approach pre-settled status holders who no longer meet status conditions

UKVI EU SS Case Law Policy Update (16 January 2025)

If you hold pre-settled status which does not expire soon

You should ensure you prepare and make an application for settled status as soon as you meet the criteria to do so. Do not wait for the above automated process, as this may not apply to you at this time.
To be eligible for settled status you must have spent five years living in the UK and in each of these five years you can spend a maximum of six months outside the UK in any 12-month period.

Guidance on settled status eligibility

EUSS Resources: Citizens' Rights Project

Contact Settled for free specialist EU SS advice

Find out about the EU Settlement Scheme

Pre-settled status

You will be eligible to apply for limited leave to remain in the UK (known as pre-settled status) if you arrived in the UK before 31 December 2020, but have not yet been continuously living in the UK for 5 years. This will enable you to stay for 5 years, after which time you may be eligible to apply for settled status.

Your pre-settled status will allow you to live, work, and study in the UK without restriction.

You must apply for pre-settled status before 30 June 2021, but please note there is provision to make an application after the deadline in cases where the Home Office thinks there are 'reasonable grounds' for missing the deadline. Please contact us if you would like advice on this.

On 6 August 2021 the UK government announced that those who make a late application from the UK will have their status protected while their application (and any appeal of a decision to refuse) is being decided.

Pre-settled status extension - July 2023 update

Last year, the High Court found that the EU Settlement Scheme breaches the Withdrawal Agreement between the UK and the EU because it wrongly allows holders of pre-settled status to become unlawfully resident if they don’t make a further application for settled status. This judgement has now been implemented in Statement of changes to the Immigration Rules.

A UK Visas and Immigration UUKVI) announcement confirms that from September 2023 two-year extensions will automatically be granted to anyone who has not obtained settled status. The announcement also outlines that at some point in 2024 those with pre-settled settled status will start to be automatically upgraded to full settled status if automated checks of HMRC records indicate that they qualify. It is yet unclear whether those receiving a 2-year extension will eventually be able to further extend their permission.

UKVI announcement

Settled Status

You will be eligible to apply to stay in the UK indefinitely (known as settled status) if you had been living in the UK prior to 31 December 2020, and you have now been living here continuously for 5 years. If, during the relative 5-year period, you have had absences from the UK of up to 6 months, or one period of up to 12 months in specific circumstances including serious illness or study, you can still apply for the scheme.

Your rights under the EU Settlement Scheme

You can travel in and out of the UK as normal if you have pre-settled or settled status
If you have been granted settled status, EEA nationals will be able to spend up to 5 continuous years outside of the UK without losing the status. Swiss nationals can spend up to 4 continuous years outside the UK without losing the status.
If you have been granted pre-settled status, and you wish to ultimately qualify and apply for settled status once you reach the 5-year threshold, then you must not break the continuity of your residence by being outside the UK for more than 6 months in any 12-month (unless it is for one period of up to 12 months in specific circumstances including serious illness or study)
If you have either settled or pre-settled status, you will be able to study and work in the UK and are eligible to use the National Health Service
If you have been granted settled status, you will be able to apply for British citizenship after holding this status for at least a year (or immediately if married to a British citizen).*

*Please note, we cannot advise on naturalisation applications, as this is outside our remit of expertise.

Application process

The application process is online normally.

EUSS application overview

If you make a mistake on your EU settlement application or further information is required, UKVI will contact you before making a decision on your application, so you can correct the error or provide further information.

If your application is successful, you will not receive a physical document unless you are a non-EEA family member and do not already have a biometric residence card. Instead, you’ll be able to get proof of your status through an online service.

Documents you will require

Your identity and nationality

You will need to upload a passport or valid national identity card through an app on an Android phone or tablet with OS 6.0 or above (you can use someone else's phone to do this). Please note that this process will only work if your document has a biometric chip. If your document does not have a biometric chip, you will be able to send your documents by post instead.

Alternatively, you can also make an appointment to scan your ID document at a number of service locations across the UK.

Find your nearest service location

Proof of continuous residence in the UK

If you are eligible for and applying for settled status, you will need to demonstrate that you have been living in the UK for 5 continuous years. If you have a National Insurance number and have worked in the UK, your application will automatically link to HMRC UK tax records to establish the duration of your residency.

If you are eligible and applying for pre-settled status, you can upload your student status letter to show that you are currently living in the UK.

You must provide official documents to prove your residence.

Guidance on acceptable evidence of residency