EU Settlement Scheme (EUSS)
The EU Settlement Scheme is the UK immigration route for eligible EU, other EEA and Swiss citizens and their eligible family members. Depending on the circumstances, a successful applicant is granted settled status or pre-settled status. Which EUSS category applies depends on nationality, residence, family relationship and immigration history.
On this page
- What is the EUSS?
- How ENS can help
- Settled vs pre-settled status
- Who can apply?
- Irish citizens
- Family members
- Late applications
- Residence and absences
- Applying under the EUSS
- Certificate of Application
- Specialist EUSS routes
- Suitability and cancellation
- Which guidance do I need?
- Family Permit and refusals
- FAQs
In brief
- The EUSS is contained in Appendix EU to the Immigration Rules.
- It grants either settled status (indefinite leave) or pre-settled status (5 years' limited leave).
- Being an EU, EEA or Swiss citizen is not enough on its own — eligibility depends on the category and the facts.
- The scheme also covers family members, joining family members and several specialist categories.
What is the EU Settlement Scheme?
The EU Settlement Scheme (EUSS) is the immigration route, set out in Appendix EU, that gives EEA and Swiss citizens who were resident in the UK by the end of the transition period, and their family members, a way to obtain the UK immigration status they need to remain. It also covers certain family members of qualifying British citizens.
The scheme is not one single test. It contains several categories — for citizens, for different kinds of family member, and for people relying on specific rights of residence — and each has its own requirements. The starting point is working out which category, if any, fits your circumstances.
| EUSS at a glance | Summary |
|---|---|
| Immigration Rules | Appendix EU |
| Status granted | Settled status (indefinite leave to enter or remain) or pre-settled status (5 years' limited leave to enter or remain) |
| Who it is for | Eligible EU, other EEA and Swiss citizens, their eligible family members, and certain specialist categories |
| Family members | Yes — spouses, civil partners, durable partners, children and dependent relatives, subject to the requirements for each |
| Irish citizens | Do not need EUSS status, but can apply if they wish |
| Late applications | Possible in some cases, where there are reasonable grounds for the delay |
How ENS can help with the EU Settlement Scheme
EUSS eligibility can turn on your nationality, residence history, family relationship, existing immigration status and the category you rely on. We can help you work out where you stand and what to do next.
Identify the right EUSS category
We can review your circumstances and identify which part of the EU Settlement Scheme is relevant to you.
Organise your evidence
We can help you gather identity, residence and family-relationship evidence for a straightforward application.
Prepare a straightforward application
Where the matter falls within our Level 1 authorisation, we can help prepare and present a straightforward EUSS application.
Our regulatory scope. ENS Immigration Advice is regulated by the Immigration Advice Authority at Level 1. We advise on straightforward EUSS applications within our authorised competence. Where a matter involves a refusal, suitability or criminality issues, cancellation, a contested late application, or a specialist right of residence that becomes complex, we will identify this after an initial assessment and direct you to the appropriate next step. IAA regulation · Refusal or complex issue → specialist referral.
What is the difference between settled and pre-settled status?
Settled status is the EUSS name for indefinite leave to enter or remain. Pre-settled status is the EUSS name for 5 years' limited leave to enter or remain. Which one is granted depends on whether the applicant meets the requirements for indefinite leave or only those for limited leave.
| Feature | Settled status | Pre-settled status |
|---|---|---|
| Type of leave | Indefinite leave to enter or remain | Limited leave to enter or remain |
| Length | Indefinite | 5 years |
| When it is granted | Where the requirements for indefinite leave under Appendix EU are met — commonly, but not only, through a continuous qualifying period of 5 years | Where the requirements for limited leave are met but not yet those for settled status |
| Can it be cancelled or curtailed? | Different provisions apply | Yes, on specified grounds under the cancellation and curtailment guidance |
Settled status is not only about “five years”. Appendix EU contains other ways of meeting the requirements for indefinite leave, depending on the category and circumstances. A residence history should be checked against the rules for the category being relied on.
EU settled status, including moving from pre-settled status → EU pre-settled status →
Who can apply under the EU Settlement Scheme?
Appendix EU sets out several categories of applicant: relevant EU, other EEA and Swiss citizens; their eligible family members; joining family members; people with a retained right of residence; family members of qualifying British citizens; and people relying on a derivative or Zambrano right to reside. Each has its own requirements, and nationality alone does not decide eligibility.
Do Irish citizens need to apply to the EUSS?
No. Irish citizens have a right of residence in the UK that does not depend on the UK's former membership of the EU, so they do not need EUSS status. An Irish citizen can still apply under the scheme if they wish.
Family members are different. A family member of an Irish citizen who is not themselves Irish or British, and who does not have UK leave, will need to apply under the EUSS in their own right — whether or not the Irish citizen has applied.
Can family members apply under the EUSS?
Yes, where the requirements for the relevant family-member category are met. The categories recognised in the guidance include:
- Spouse or civil partner
- Durable partner
- Child, grandchild or great-grandchild
- Dependent parent, grandparent or great-grandparent
- Dependent relative
The requirements differ by category — for example, in how the relationship is shown and whether dependency must be evidenced. A family member who comes to the UK to join a relevant sponsor is assessed under the separate joining family member provisions.
Not to be confused with the Appendix FM partner route — Partner & spouse visa →
Can you make a late EUSS application?
Possibly. The guidance sets a required date by which an application should be made, but an application made after it can still be valid where there are reasonable grounds for the delay. Each case depends on its own facts and evidence.
The guidance gives examples of circumstances that may amount to reasonable grounds, including situations involving:
- Children, where a parent or carer did not apply for them
- Physical or mental capacity or care needs
- Serious medical conditions or treatment
- Abusive or controlling relationships
- Imprisonment
These are examples, not a checklist. The guidance also describes circumstances that will not generally amount to reasonable grounds. A late application that turns on disputed or unusual reasons may need more complex advice.
Continuous residence and absences under the EUSS
Residence is central to EUSS eligibility. The continuous qualifying period you need, and how absences from the UK are treated, depend on the category and your circumstances. Absences can also matter later, as excess absences are one of the grounds on which pre-settled status can be cancelled or curtailed.
A different framework. EUSS continuous residence is assessed under Appendix EU. It is separate from Appendix Continuous Residence, which applies to most other settlement routes — see continuous residence for other routes. Don't apply one set of absence rules to the other.
How does an EUSS application work?
In outline, you identify your EUSS category, make a valid application by the required process and date (or with reasonable grounds for delay), prove your identity and nationality, give the required biometrics and provide the evidence your route needs. The Home Office checks validity first, then eligibility and suitability.
What is an EUSS Certificate of Application?
The EUSS guidance contains specific provisions on the Certificate of Application (CoA), a document that relates to a pending EUSS application. Whether and how it applies depends on the application and the applicant's circumstances.
A Certificate of Application is not a decision that the applicant is eligible for EUSS status. Eligibility is decided separately when the application itself is considered.
Specialist EUSS routes
Some EUSS categories rely on a specific right of residence or a particular family history. Each has its own requirements and is more likely to involve detailed or complex facts.
Family member of a qualifying British citizen
For certain family members of a British citizen who lived and was active in an EEA country or Switzerland before returning to the UK. Closed to new applications from 8 August 2023, with limited exceptions.
Qualifying British citizen route →Retained right of residence
For certain family members who keep a right of residence after a specified change in family circumstances.
Retained right of residence →Zambrano right to reside
For certain primary carers of a British citizen, and their dependants, under the Zambrano provisions. Closed to new applications from 8 August 2023, with limited exceptions.
Zambrano right to reside →Derivative rights: Chen and Ibrahim / Teixeira
For certain primary carers and children relying on the Chen or Ibrahim / Teixeira derivative rights to reside.
Derivative right to reside →Suitability, cancellation and curtailment
EUSS suitability requirements
Every EUSS application is subject to suitability requirements. The Home Office suitability guidance covers matters including deportation and exclusion, public policy, public security and public health considerations, and false or misleading information or evidence.
EUSS suitability is assessed under Appendix EU and its own guidance, not under the general Part Suitability framework — general suitability rules →
Can pre-settled status be cancelled or curtailed?
Yes, on specified grounds. The Home Office has separate guidance on cancelling and curtailing EUSS limited leave, covering grounds that include excess absences, imprisonment, certain relationship breakdowns, false or misleading information, and marriages, civil partnerships or durable partnerships of convenience.
Criminality, suitability and cancellation matters are usually outside straightforward Level 1 work. If one of these affects you, we will tell you at the initial assessment and direct you to the appropriate next step. Refusal or complex issue → specialist referral.
EUSS suitability requirements → Cancellation and curtailment →
Which EUSS guidance do I need?
Start with the situation that best describes you.
| Your situation | Start here |
|---|---|
| I want to know if the EUSS covers me | Who can apply |
| I want to understand settled or pre-settled status | Settled status · Pre-settled status |
| I am a family member, or I am joining a family member | Family members · Joining family members |
| I missed the EUSS deadline | Late applications |
| I have spent time outside the UK | Continuous residence and absences |
| I am Irish, or my family member is Irish | Irish citizens |
| My British family member lived in Europe | Qualifying British citizens |
| I may have a Zambrano, Chen or Ibrahim / Teixeira right | Zambrano · Chen and Ibrahim / Teixeira |
| I have a criminal record or my status may be affected | Suitability · Cancellation and curtailment |
| My family relationship has ended or changed | Retained right of residence |
| My application was refused | Immigration help |
EUSS Family Permit and refused applications
EUSS Family Permit
The EUSS Family Permit is a separate route for eligible family members applying from outside the UK. It is not covered in this guide — see GOV.UK: EU Settlement Scheme family permit for current information.
If an EUSS application has been refused
The right next step depends on the decision and your circumstances. ENS does not provide appeal or tribunal representation. If you are concerned about a decision, start with our immigration help page.
Frequently asked questions
What is the EU Settlement Scheme?
The EU Settlement Scheme (EUSS) is the UK immigration route in Appendix EU to the Immigration Rules. It gives EEA and Swiss citizens who were resident in the UK by the end of the transition period, and their family members, a way to obtain the immigration status they need to remain. It also covers certain family members of qualifying British citizens.
What is the difference between settled and pre-settled status?
Settled status is indefinite leave to enter or remain under the EUSS. Pre-settled status is 5 years' limited leave to enter or remain. Settled status is granted where the requirements for indefinite leave are met; pre-settled status is granted where the requirements for limited leave are met but those for settled status are not yet met.
Can I make a late EUSS application?
Possibly. An application made after the required date can be valid where there are reasonable grounds for the delay. The guidance gives examples involving children, capacity or care needs, serious medical conditions, abusive or controlling relationships and imprisonment. Each case depends on its facts and evidence, and the examples are not an exhaustive list.
Can family members apply under the EUSS?
Yes, where the requirements for the relevant category are met. Recognised family members include spouses, civil partners, durable partners, children and grandchildren, dependent parents and grandparents, and dependent relatives. The evidence needed differs by category, and family members joining a relevant sponsor in the UK are assessed under separate joining family member provisions.
Do Irish citizens need to apply under the EUSS?
No. Irish citizens have a right of residence in the UK that does not depend on the UK's former EU membership, so they do not need EUSS status, although they can apply if they wish. A family member of an Irish citizen who is not Irish or British themselves, and who does not have UK leave, will need to apply under the EUSS.
Can pre-settled status be cancelled or curtailed?
Yes, on specified grounds. Home Office guidance on cancelling and curtailing EUSS limited leave covers grounds including excess absences, imprisonment, certain relationship breakdowns, false or misleading information, and marriages or partnerships of convenience. These matters are usually complex, so take advice on your individual position.
What if I am not sure which EUSS category applies to me?
Use the “Which EUSS guidance do I need?” table on this page to find the relevant topic. If you are still unsure, ENS can review your circumstances at an initial assessment, identify the relevant category, and tell you whether the matter falls within our IAA Level 1 authorisation.
Source basis: Home Office caseworker guidance, EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members, version 32.0, published 30 July 2026, with the EUSS guidance on suitability requirements (v13.0), cancellation and curtailment (v1.0), family members of qualifying British citizens (v10.0), the Zambrano right to reside (v9.0), derivative rights to reside (v7.0) and gender identity and sex markers (interim, v2.0). Immigration Rules and guidance can change; confirm the current position on GOV.UK before applying.
Discuss your EU Settlement Scheme application
If you are unsure which EUSS category applies to you, we can review your circumstances, identify the relevant part of the scheme and explain the evidence to prepare.