Who Can Apply for the EU Settlement Scheme?
The EU Settlement Scheme (EUSS) is open to certain EU, other EEA and Swiss citizens, their eligible family members, and people who qualify under specific routes such as retained rights, derivative rights, Zambrano and qualifying British citizen cases. Holding an EU, EEA or Swiss passport does not on its own mean you can make a new application.
On this page
- Who can apply?
- How ENS can help
- EU, EEA and Swiss citizens
- Why 31 December 2020 matters
- Irish citizens
- Family members
- Joining family members
- Retained rights of residence
- Chen and Ibrahim / Teixeira
- Zambrano
- Qualifying British citizens
- Other specialist categories
- Which category might apply?
- Settled or pre-settled?
- Who should not assume they qualify
- Late applications, residence and evidence
- EUSS Family Permit
- FAQs
In brief
- The EUSS has several categories, each with its own requirements.
- Nationality alone does not decide eligibility — residence, family relationship and history matter too.
- For many routes, residence in the UK by 11pm GMT on 31 December 2020 is important — but not for every route.
- Irish citizens do not need to apply, though some of their family members may need to.
Who can apply for the EU Settlement Scheme?
The EU Settlement Scheme can be used by people who fall within one of the categories in Appendix EU. The main ones are 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.
EUSS eligibility is route-specific. The scheme is not a general immigration route for everyone with an EU, EEA or Swiss passport. Each category has its own requirements, which can depend on when you lived in the UK, your relationship to another person, your previous residence rights and the route you rely on.
| Category | In outline |
|---|---|
| EU, other EEA and Swiss citizens | Relevant EEA citizens who meet the EUSS definitions and residence requirements |
| Family members | Spouses, civil partners, durable partners, children and dependent relatives of a relevant EEA citizen |
| Joining family members | Certain family members who come to join a relevant sponsor in the UK |
| Retained rights of residence | Certain people who keep a right of residence after their family circumstances change |
| Chen and Ibrahim / Teixeira | Certain primary carers and children relying on a derivative right to reside |
| Zambrano | Certain primary carers of a British citizen, and their dependants |
| Qualifying British citizens | Certain family members of a British citizen who lived in an EEA country or Switzerland |
| Irish citizens | Do not need EUSS status, but can apply if they wish |
How ENS can help you find the right EUSS route
Choosing the wrong category is one of the easiest ways for an EUSS application to go wrong. We can review your nationality, residence and family circumstances and identify which part of the scheme, if any, is relevant.
Identify your EUSS category
We can review your circumstances and explain which EUSS category is relevant to you.
Check whether we can assist
We will tell you at the outset whether your matter falls within our IAA Level 1 authorisation.
Prepare a straightforward application
Where the matter is straightforward, we can help prepare and present your 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. Specialist routes — such as derivative rights, Zambrano or retained rights — and cases involving refusals or suitability issues can become complex; where they do, we will say so after an initial assessment and direct you to the appropriate next step. IAA regulation · Refusal or complex issue → specialist referral.
Can EU, EEA and Swiss citizens apply?
Yes, where they meet the EUSS requirements. “EEA citizen” is a defined term in Appendix EU, covering nationals of the listed EEA countries and Switzerland, and the scheme refers to a relevant EEA citizen — someone who meets the definitions and residence requirements for the category relied on.
Holding an EU, EEA or Swiss passport is the starting point, not the test. What matters is whether you meet the requirements of the relevant category, including the residence requirements. A successful application leads to settled status or pre-settled status, depending on which requirements are met.
Appendix EU also contains specific provisions for some less common situations, including relevant naturalised British citizens, certain dual British and EEA citizens, and people of Northern Ireland — see other specialist categories.
Why does 31 December 2020 matter?
For many EUSS applications based on being an EU, EEA or Swiss citizen, or a family member of one, residence in the UK by 11pm GMT on 31 December 2020 is a central part of eligibility. For example, the guidance says that, subject to specified exceptions, a family member of a relevant EEA citizen must have been resident in the UK on that basis by that time and must not have broken their continuity of residence since.
Not a universal rule. It is not accurate to say that everyone must have lived in the UK before 31 December 2020. The guidance contains exceptions and separate provisions — including for joining family members, certain family permit cases and some specialist routes.
Can Irish citizens apply for the EU Settlement Scheme?
Irish citizens can apply if they wish, but they do not need to. An Irish citizen has a right of residence in the UK that does not depend on the UK's former membership of the EU.
- An Irish citizen does not need EUSS status to have that right of residence.
- An Irish citizen can still choose to apply under the EUSS.
- A family member who is not an Irish or British citizen, and who does not have UK leave, will need to apply under the EUSS, whether or not the Irish citizen has applied.
Can family members of EU, EEA or Swiss citizens apply?
Yes, where they fall within an eligible family-member category and meet the requirements of the route. The categories recognised in the guidance are:
- Spouse or civil partner
- Durable partner
- Child, grandchild or great-grandchild
- Dependent parent, grandparent or great-grandparent
- Dependent relative
Some of these categories also extend to relatives of the relevant EEA citizen's spouse or civil partner.
The relationship is only one part of the test. A family member must also meet the residence and other requirements of the route they apply under.
What about family members who joined later?
Some family members who were not resident in the UK by the end of the transition period may fall within the separate EUSS provisions for joining family members of a relevant sponsor. The requirements depend on the family relationship, the relevant sponsor and the circumstances of the application.
This is a separate route. It does not mean that every family member who arrived after 31 December 2020 qualifies.
Who has a retained right of residence?
In some circumstances, a person can qualify under the EUSS because they have retained a right of residence after a relevant family relationship or other qualifying circumstance has changed. The retained-right categories each have their own conditions.
Chen and Ibrahim / Teixeira: derivative rights to reside
Chen cases
Certain primary carers and their family members may fall within the EUSS provisions for a derivative right to reside arising from the Chen line of cases, where the specific requirements are met.
Ibrahim and Teixeira cases
The EUSS also has provisions for derivative rights to reside connected with a child in education in the UK of an EEA citizen former worker (or self-employed person), and the child's primary carer, under the Ibrahim / Teixeira route.
Both are specialist routes with detailed requirements of their own.
Can I apply under the Zambrano route?
Only in limited cases. The EUSS provisions for a Zambrano right to reside cover certain non-EEA citizens who were the primary carer of a British citizen, and certain dependants. The route closed to new applications at 11:59pm on 8 August 2023, except for people who arrived with an EUSS family permit granted on that basis, and people who already hold pre-settled status on that basis and are applying again, usually for settled status. The Zambrano tests are detailed and fact-sensitive.
Family members of qualifying British citizens
The EUSS has a specific route for certain family members of a qualifying British citizen — broadly, a British citizen who lived in an EEA country or Switzerland before returning to the UK. It is a specialist route with its own requirements, and it closed to new applications at 11:59pm on 8 August 2023, except for people with an EUSS family permit granted on that basis and people who already hold pre-settled status on that basis.
Not to be confused with the family visa route under Appendix FM — Partner & spouse visa →
Other specialist EUSS categories
The guidance also covers several less common situations. Each is specialist and depends on specific historic facts.
Relevant naturalised British citizens
Some family members can rely on a relevant naturalised British citizen, who must meet specific historic residence and nationality requirements.
Dual British and EEA citizens (McCarthy cases)
Specific transitional provisions apply to certain family members of dual British and EEA citizens.
People of Northern Ireland
Certain family members of a relevant person of Northern Ireland, a defined term based on citizenship, birth in Northern Ireland and related factors.
People exempt from immigration control
Eligible EEA and Swiss citizens who are exempt — for example certain diplomats, consular staff, posted armed forces and international-organisation staff — can apply while they remain exempt.
Frontier workers
The guidance includes provisions where the relevant EEA citizen or relevant sponsor meets the definition of a frontier worker.
Which EUSS category might apply to you?
Use this table to find the part of the scheme to read first. It is a guide to the categories, not a decision on eligibility.
| If this describes you… | Read first |
|---|---|
| I am an EU, other EEA or Swiss citizen | EU, EEA and Swiss citizens |
| I am a family member of an EU, EEA or Swiss citizen | Family members |
| I came to the UK to join an EU, EEA or Swiss family member | Joining family members |
| I am an Irish citizen, or my family member is | Irish citizens |
| My British family member lived in an EEA country or Switzerland | Qualifying British citizens |
| My family relationship or circumstances have changed since I lived here as a family member | Retained rights of residence |
| I am the primary carer of a self-sufficient EEA citizen child, or of the child in education of an EEA citizen who worked in the UK | Chen and Ibrahim / Teixeira |
| I am the primary carer of a British citizen | Zambrano |
| I am not sure which applies | Speak to an adviser |
If I can apply, will I get settled or pre-settled status?
Not every eligible applicant gets the same status. Depending on the route and your circumstances, the outcome may be settled status (indefinite leave) or pre-settled status (5 years' limited leave).
Who should not assume they can apply?
Take advice before applying if any of these describe you:
- You hold an EU, EEA or Swiss passport but have no clear basis under a particular EUSS category.
- Your circumstances arose entirely after 31 December 2020 and you are not sure a specific route covers them.
- You are a family member but are unsure whether your relationship meets the requirements.
- You want to rely on a specialist route but have not checked its specific requirements.
- Your previous EUSS status or circumstances have been affected by cancellation, curtailment or suitability issues.
EUSS eligibility can depend on how nationality, residence, family relationships and historic immigration circumstances fit together. If your circumstances are unusual, establish the correct route before you apply.
Can I still apply? Late applications, residence and evidence
Late applications
The main EUSS deadline has passed, but the guidance allows an application made after the relevant deadline where there are reasonable grounds for the delay. Whether reasonable grounds exist depends on the circumstances of the individual case. Late EUSS applications →
Residence
Residence is an important part of many EUSS applications, but the rules differ by route and by whether settled or pre-settled status is sought. EUSS residence and absences →
Evidence
The evidence needed depends on the category. It can include evidence of identity, nationality, residence, family relationship, dependency, or the requirements of a specialist route. The EUSS application process →
What if I entered the UK with an EUSS Family Permit?
The guidance recognises certain relevant EEA family permit cases as exceptions to the usual 31 December 2020 residence requirement. The EUSS Family Permit itself is governed by separate Home Office guidance and is not covered in detail here — see GOV.UK: EU Settlement Scheme family permit.
Frequently asked questions
Who can apply for the EU Settlement Scheme?
People who fall within one of the Appendix EU categories: 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 category has its own requirements.
Can EU citizens still apply for the EU Settlement Scheme?
Nationality alone does not establish eligibility. An EU, EEA or Swiss citizen must fall within a relevant EUSS category and meet its requirements, including the residence requirements. Because the main deadline has passed, a new application may also need to show reasonable grounds for the delay.
Can Irish citizens apply for the EU Settlement Scheme?
Yes, if they wish, but they do not need to. Irish citizens have a right of residence in the UK that does not depend on the UK's former EU membership. A family member who is not Irish or British and does not have UK leave will need to apply under the EUSS, whether or not the Irish citizen has done so.
Can a family member apply for the EU Settlement Scheme?
Yes, where they fall within an eligible category — spouse, civil partner, durable partner, child or grandchild, dependent parent or grandparent, or dependent relative — and meet the requirements of the route, including the residence requirements. The relationship alone is not enough.
Can I apply if I arrived in the UK after 31 December 2020?
It depends on the route. The ordinary family-member route generally requires residence in the UK by 11pm GMT on 31 December 2020, subject to specified exceptions. Separate provisions exist for joining family members, and specialist routes have their own requirements. The right answer depends on which route fits your circumstances.
Can I apply if I have a retained right of residence?
Potentially. The EUSS includes categories for people who keep a right of residence after a relevant family relationship or other qualifying circumstance changes. Each retained-right category has its own conditions, so the facts of the change and the evidence available need to be checked.
Can I apply under the EUSS through the Zambrano route?
Only in limited cases. The Zambrano route closed to new applications on 8 August 2023. It remains open to people who arrived with an EUSS family permit granted on that basis, and to people who already hold pre-settled status on that basis and are applying again, usually for settled status. The requirements are detailed and fact-sensitive.
What if I am not sure which EUSS route applies to me?
Use the “Which EUSS category might apply?” table on this page to find where to start. 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 (“Who can apply”). Immigration Rules and guidance can change; confirm the current position on GOV.UK before applying.
Not sure which EUSS route applies to you?
We can review your nationality, residence and family circumstances, identify the relevant EUSS category and explain the evidence to prepare.