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What is EUSS status and why do I need it?

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What is EUSS Status?

The EUSS was established in the UK to enable EU, EEA and EFTA citizens who were residing in the UK by 31 December 2020, along with their family members, to obtain the status needed to continue living, working and studying in the UK following Brexit.

Under the EUSS, eligible individuals are granted one of two types of status:

Settled status (SS)

• For EU and EEA EFTA citizens who have lived in the UK by 31 December 2020, and their family members, and have at least five years continuous residence

Pre-settled status (PSS)

• For EU, EEA and EFTA citizens who have lived in the UK by 31 December 2020, and their family members, and have less than five years continuous residence

Continuous residence’ generally means to be in the UK for at least six months in any 12-month period. Our fact sheet summarises the differences between PSS and SS and the change to absences.

Who can apply for EUSS status?

You can apply for EUSS status if you are:

• An EU, EEA or EFTA citizen living in the UK before 31 December 2020
• A family member of an EU, EEA or EFTA citizen who holds status (or applied for status)

Free of Charge

Applying to the EUSS is free of charge

Deadline for application

The deadline for most individuals applying to the EUSS was 30 June 2021. If you want to make a late application to the EUSS after the deadline, you may need to explain and show that you have a good reason for missing the deadline.

Some people have a different deadline to apply to the EUSS such as a joining family member or a child who was born or adopted in the UK on or after 1 April 2021.

More information can be found here.

Certificate of Application (CoA)

Your application status for EUSS will not be decided immediately and whilst this is decided you will be issued a CoA. This will provide evidence of your right to live in the UK until you have a grant of status or until an appeal on any refusal is final, more information can be found here.

Why do I need EUSS Status?

You need EUSS status because:

1. Legal right to stay

If you were an EU and EEA EFTA citizen or their family member living in the UK before the 31 December 2020 you may have had an automatic right to live in the UK. This changed when the UK chose to leave the EU (Brexit). You must apply to EUSS to continue living legally in the UK after 31 December 2020.

2. Proof of your rights to avoid immigration issues

EUSS status is proof that you can:

• Work legally
• Rent housing
• Access free healthcare
• Apply for benefits and services
• Enter and exit the UK

Without status you will find it difficult to live a normal day to day life.

3. Permanent residence

• Settled status is permanent as long as you meet certain rules, like not leaving the UK for more than five years in a row
• Can be used to apply for British citizenship

How do I prove my status?

EUSS status is digital only and you will not be issued with a physical card.

You prove your status by:

• Logging into your UK Visas and Immigration (UKVI) account 
• Generating a “share code”
• Giving this code to employers, landlords, public authorities if accessing services and carrier or border control if travelling

More details on how to prove your status digitally can be found here.

Anyone experiencing difficulties in relation to their rights is encouraged to contact the IMA either via our complaints portal, or via other routes including our Your Story form.

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What the possible removal of Pre‑Settled Status means for EU Citizens

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Why is the Home Office writing to some citizens about their pre-settled status?

The Home Office has announced plans which could lead to some EU and EEA EFTA citizens who have broken their continuity of residence in the UK being asked to provide evidence of their ongoing eligibility for their Pre-Settled Status (PSS).

The Home Office may remove PSS from individuals who no longer meet the continuous residence requirements, starting with citizens who have been absent from the UK for the longest periods.

Removal of PSS is lawful under the EU Withdrawal Agreement and the EEA EFTA Separation Agreement (the Agreements) subject to certain safeguards, including a proportionality assessment and a right of appeal.

Will people lose their pre-settled status as soon as the policy comes into force on 9 April?

No. Where the Home Office considers that an individual may not have maintained the necessary continuity of residence in the UK, they will be contacted and given the opportunity to provide evidence of their eligibility and any other reasons why they should keep their PSS.

For this reason, it is very important that citizens ensure that their contact details are up to date on their UKVI account.

A caseworker must review all available evidence and conduct a proportionality assessment before a decision to remove PSS is made. If, on or after 11pm on 31 January 2020, where a decision is made to remove someone’s PSS, there is a right of appeal.

What has the IMA been doing as the Home Office developed its new policy?

The IMA has been monitoring the development of this policy since the Home Office first signalled its intention to use this power. We have reviewed draft policy, operational processes, proportionality guidance, and data use proposals, and have engaged closely with the Home Office to provide feedback, seek clarity, and influence safeguards.

Has the IMA been able to influence the Home Office’s approach?

Yes. Through early engagement with the Home Office, the IMA has reviewed policy drafts. We meet regularly with Home Office officials and have raised concerns about data reliability, proportionality tests,
communications, and treatment of vulnerable citizens. The IMA has helped strengthen operational safeguards designed to protect citizens’ rights.

What should citizens do if they receive a ‘Minded to Curtail’ notification?

Citizens should ensure that they take the letter seriously and respond by the requested deadline. If more time is needed to obtain relevant  evidence, citizens should contact the Resolution Centre to request this before the deadline passes.

Citizens will be invited to provide evidence of their UK residence or other relevant circumstances which explain the reasons for their absence. The Home Office must consider any further information before making a decision. Relevant evidence can be found here. The Home Office will consider if it is proportionate to remove PSS before proceeding with a decision to do so. Further details can be found here.

How will the IMA monitor the implementation of the loss of status going forward?

We will continue monitoring through a structured programme of evidence gathering, regular engagement with the Home Office, analysis of emerging data, and liaison with stakeholders. Our monitoring will focus on the effectiveness of safeguards, consistency of decision making, and outcomes for citizens, in the context of the Agreements.

What issues has the IMA raised with the Home Office?

Some of the key areas we have sought clarification and received assurances from the Home Office include:

• the reliability of border data
• how absences will be calculated
• the consistency and lawfulness of proportionality assessments
• the need for clear communication with citizens
• the protection of vulnerable groups access to an effective right of appeal/redress as required by the Agreements

How will vulnerable citizens be protected?

We have asked the Home Office to demonstrate how it will identify and support vulnerable individuals – such as those without digital access, those experiencing homelessness, or those with health or literacy barriers – to ensure they are not disadvantaged by the process.

The Home Office has made some changes to the process to support vulnerable citizens following our engagement and this will remain a priority in our ongoing monitoring activity and through engagement with stakeholders.

Keep your details up to date

If any of your identity documents or personal details change, you will need to make sure you update your UKVI account.

If you need further advice or information about issues you may be facing, you can find details of various organisations including charities, citizens’ rights groups and public bodies that may be able to help you here.

If you have experienced any issues, please contact the IMA through our complaints portal. If you have any concerns about absences from the UK and retaining EUSS status, you can share your experience on our your story page.

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Indefinite Leave to Remain

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Indefinite Leave to Remain

This information relates to the EU Settlement Scheme (EUSS) only. Find guidance for ILR holders on GOV.UK

Do you hold Indefinite Leave to Remain (ILR) which you obtained prior to the introduction of the EUSS, or before 1 January 2021?

Are you thinking about applying to the EUSS?

In August 2023, the UK Home Office introduced the Reasonable Grounds Test (RGT) for late applicants to the EUSS. The IMA is currently considering if the requirements of the RGT could impact citizens with ILR and their eligibility for status under the EUSS.

Whilst this work is ongoing, it is important to understand what your rights are under Indefinite Leave to Remain, and what this type of immigration status means.

I have ILR, what are my rights?

If you hold ILR, granted before 1 January 2021, you already have the right to live, work and study in the UK without restrictions, provided you do not remain outside the UK for more than 2 consecutive years.

How can I prove my ILR status?

If your ILR was granted outside the EUSS route, you may evidence your immigration status with any of the following documents:

• Stamp, or vignette in your passport
• Letter from the Home Office
• Biometric Residence Permit (BRP)
  All BRPs are now expired, you can use it for 18 months after the expiry date printed on the card in certain circumstances – you should keep your expired BRP as it may help with future applications to stay in the UK
• eVisa
  In order to access an eVisa you will need to set up a UKVI account
  There is no fee for creating an eVisa account

What if I do not have a document which proves my ILR?

If you no longer have the physical documents listed above to evidence your status, as they have been lost or stolen, you can make a no time limit application (NTL) to apply for confirmation of your ILR status.

A successful NTL application results in an eVisa being issued which will act as digital proof of your ILR status. The NTL application is free of charge.

Can I apply to the EUSS?

If you hold ILR, you do not need to apply to the EUSS as you already have the right to remain in the UK.

If you held ILR before 1 January 2021 and you are an EU, EEA or Swiss citizen, or family member, you may be eligible to apply for status through EUSS.

Since August 2023, the Home Office requires late EUSS applications to meet the Reasonable Grounds Test. If you hold ILR and wish to apply to the EUSS after the deadline, you must explain why you did not apply earlier. If accepted, your application may still be considered and progress through the full process, beginning with the Validity Stage.

Making an informed choice

The decision to apply to EUSS is a personal one. The benefits of each route may vary depending on individual circumstances.

It is important that you seek immigration advice if you are considering applying to any new immigration status.

Here is a list of support networks that may be able to offer you advice.

Learn more about your rights.

Read Raluca’s story on securing her rights.

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Do I have the rights I need in the UK?

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Do I have the rights I need in the UK?

Are you or is your parent from one of these countries?

• Austria
• Belgium
• Bulgaria
• Croatia
• Cyprus
• Czech Republic
• Denmark
• Estonia
• Finland
• France
• Germany
• Greece
• Hungary
• Iceland
• Italy
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Malta
• Netherlands
• Norway
• Poland
• Portugal
• Romania
• Slovakia
• Slovenia
• Spain
• Sweden
• Switzerland

If you are from one of the countries listed above, or if you were born in the UK to a parent from one of those countries, there is a possibility that you do not have certain rights in the UK. This includes the right to:

• Live in the UK
• Use the NHS for free
• Travel in and out of the UK
• Access further and higher education
• Access benefits like housing
• Work in the UK

To secure these rights you might need to make an EUSS application.

How to secure your rights in the UK

Don’t assume you have all the rights you need to live in the UK. Know these facts:

• Being born in the UK does not automatically make you British citizen. This means you do not automatically get the rights of a British citizen
• Children do not automatically get the same immigration status as one or both their parents
• Before the UK left the European Union on 31 January 2020 (usually referred to as Brexit), the children of parents from the relevant countries automatically had access to rights in the UK
• But after Brexit, parents and their children needed to make an application to get EUSS status, a type of immigration status, to secure the rights they needed in the UK
• Family applications cannot be made to the EUSS. A separate EUSS application needed to be made for each child
• Although the deadline for EUSS applications has passed for those who were living in the UK by the end of 2020, you can still make a late application. As a child you may have what is known as ‘reasonable grounds’ for making a late EUSS application
• Children are able to make an application for themselves – it does not have to be done by a parent

Get reliable advice

Understanding immigration status is hard – you may well need help. Only rely on regulated advice. Even if well intentioned, unofficial advice could be wrong.

• Find free advice through organisations listed on the Gov.UK website.
• If you want the help of an immigration adviser, make sure they are regulated. Use this Gov.UK list to check.

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Voting eligibility for citizens from EU countries

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Voting eligibility for citizens from EU countries

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Secure child’s rights leaflet

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Are you an EU parent or carer?

Secure your child’s rights in the UK

You may not have thought about your child’s immigration status.

But EU, EEA and EFTA parents may need to apply to the EUSS for their child.

And there are time limits around making an application – it must be done within 90 days of your child’s birth, adoption, or from when they first came to the UK.

EUSS status protects your child’s rights to:

• Live in the UK
• Use the NHS for free
• Travel in and out of the UK
• Access further and higher education
• Access benefits
• Work in the UK

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Automatic conversions to settled status Everything you need to know

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Automatic conversions to settled status

How will automatic conversion work?

If you have pre-settled status (PSS) and your status is coming to its expiry date, you should receive an email from the Home Office saying you might be eligible for your status to be automatically converted to settled status (SS).

You won’t need to do anything, and your status will be automatically updated.

The Home Office will check your National Insurance record to see if you have five years of UK residence. The Home Office will use this information to verify your continuous residence in the UK, confirm any criminal conduct and ultimately determine eligibility.

The checks will be similar to the ones conducted during the initial application for PSS.

To be eligible for SS you must not have spent more than six months in any 12-month period outside the UK, although a single longer absence up to 12 months is permitted for an ‘important reason’ – for example, childbirth, serious illness, study, vocational training, an overseas work posting or because of Covid.

Further information around how absence from the UK may affect your EUSS status can be found here.

What you need to do

• PSS holders are encouraged to keep their UKVI account details up to date

• Check your emails regularly as the Home Office may contact you

• Update your UKVI account if you get a new passport or national ID card

If you are not selected for automatic upgrade, and your expiry of PSS is approaching, the Home Office will automatically extend your PSS by five years.

It is also strongly advised that PSS holders familiarise themselves with the documents set out by the Home Office, which show your eligibility. All the documents you can and can’t use as evidence of residence can be found here.

Other useful resources

For anyone seeking further advice or information about issues they may be facing, you can find details of various organisations including charities, citizens’ rights groups and public bodies that may be able to help you on our website.