What is the EU Settlement Scheme?
The EU Settlement Scheme (EUSS) was created following the UK's departure from the European Union. EU, EEA and Swiss citizens who were resident in the UK before 31 December 2020 — the end of the Brexit transition period — needed to apply to the scheme by 30 June 2021. Successful applicants received either Settled Status (Indefinite Leave to Enter or Remain) or Pre-settled Status (limited leave valid for 5 years). Both statuses confer important rights to live, work and access services in the UK. The deadline has now passed, but late applications remain possible in many circumstances.
Late EUSS Applications
If you missed the 30 June 2021 deadline, you can still apply if you have reasonable grounds for the late application. The Home Office has set out a wide range of circumstances that may constitute reasonable grounds, including:
- Mental health difficulties or physical incapacity preventing an earlier application
- Domestic abuse or coercive control
- Lack of awareness of the scheme, particularly among elderly or vulnerable individuals
- Being a child who was not applied for by a parent or guardian
- Complex immigration history or previous uncertainty about status
ZAM Law Associates advises on whether your circumstances justify a late application and prepares the strongest possible case for acceptance by the Home Office.
Pre-settled to Settled Status
Those who received Pre-settled Status — usually because they had lived in the UK for fewer than 5 years at the time of their application — need to upgrade to Settled Status once they have lived continuously in the UK for 5 years. The application must generally be made before the Pre-settled Status expires, although in most cases it now automatically extends pending the upgrade application. Absences from the UK of more than 6 months in any 12-month period can break continuous residence. We advise on whether your residence history supports a Settled Status application and how to evidence it effectively.
EUSS Family Members
Family members of EU citizens — including spouses, civil partners, children, parents and dependent relatives — who were living in the UK before 31 December 2020 were also eligible to apply to the EUSS. Family members who arrived in the UK after that date can apply for an EUSS Family Permit. The rules are particularly complex for extended family members, those with complicated relationship histories, and non-EEA family members. We advise on family member EUSS applications and EUSS Family Permit applications, including evidence requirements.
EUSS Appeals
If an EUSS application is refused, the applicant has a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). EUSS appeals require careful preparation — the grounds of appeal must identify the specific basis on which the Home Office decision is wrong, and relevant law and evidence must be marshalled effectively. We prepare EUSS appeal grounds and advise on representation at the hearing.
Key Services
Late Applications
Advice on late EUSS applications with reasonable grounds for missing the deadline.
Settled Status Upgrade
Pre-settled to Settled Status — eligibility, evidence and submission.
Family Members
EUSS and Family Permit applications for family members of EU citizens.
EUSS Appeals
Grounds of appeal preparation and advice on First-tier Tribunal appeals.
Our Process
Eligibility Assessment
We assess your residence history, family relationships and any complexities to determine your eligibility and best route.
Evidence Preparation
We advise on the documentary evidence required and assist in compiling a complete, well-organised evidence bundle.
Application Submission
We prepare and submit your EUSS application or appeal grounds, ensuring all requirements are met.
Appeal (if needed)
If your application is refused, we advise on appeal rights and prepare grounds of appeal promptly to meet the deadline.
Frequently Asked Questions
Yes, in most cases. The Home Office accepts late applications where there are reasonable grounds for missing the 30 June 2021 deadline. We assess your circumstances and advise on the likelihood of acceptance before any application is made.
Apply for Settled Status as soon as you have accumulated 5 years of continuous residence in the UK. You can apply up to 5 years after the grant of Pre-settled Status. Do not allow your Pre-settled Status to lapse without making an application — contact us as soon as possible if you are approaching this position.
EUSS refusal decisions carry a right of appeal to the First-tier Tribunal (Immigration and Asylum Chamber). The time limit is usually 28 days from the date of the refusal decision. Contact us immediately after receiving a refusal to protect your appeal rights — time limits in immigration cases are strictly enforced.