Pre-settled Status Application

You can apply for EU pre settled status under the EU settlement scheme (EUSS) if you do not have 5 years’ continuous residence as an EEA national or a family member of an EEA national. Pre-settled status is granted for a period of 5 years and once you have lived in the Uk for 5 years as an EEA national or as a family member of an EEA national, you can apply for settled status under the EU settlement scheme (EUSS).

Pre-Settled Status: Relevant EEA Citizens & Their Family Members

To apply under the family member of a relevant EEA citizen provisions, the relevant EEA citizen must have been resident in the UK by 11 pm GMT on 31 December 2020 and thereafter not have broken the continuity of their residence.

The following EEA citizen or non-EEA citizen family members of an EEA citizen may be eligible to apply for pre-settled status under the EU settlement scheme (EUSS):

Spouse Of Relevant EEA Citizen

You can apply for pre-settled status as a spouse under the EU settlement scheme (EUSS) where either:

• the marriage was contracted before the specified date
• the applicant was the durable partner of the relevant EEA citizen before the specified date (the definition of ‘durable partner’ in Annex 1 to Appendix EU being met before that date rather than at the date of application) and the partnership remained durable at the specified date

Civil Partner Of Relevant EEA Citizen

You can apply for pre-settled status as a spouse under the EU settlement scheme (EUSS) where either:

• the civil partnership was formed before the specified date
• the applicant was the durable partner of the relevant EEA citizen before the specified date (the definition of ‘durable partner’ in Annex 1 to Appendix EU being met before that date rather than at the date of application) and the partnership remained durable at the specified date

Durable Partner Of Relevant EEA Citizen

A durable partner (unmarried partner whose relationship is akin to marriage or civil partnership, and the applicant holds a relevant document in this capacity, where they rely on residence in the UK in that capacity before the specified date) can apply for pre-settled status under the EU Settlement Scheme (EUSS), where both:

• the partnership was formed and was durable before the specified date
• the partnership remains durable at the date of application (or did so for the relevant period or immediately before the death of the relevant EEA citizen)

Child Under The Age Of 21

A child under 21 of the EEA citizen or of the spouse or civil partner and the family relationship that existed before the specified date can apply for pre-settled status under the EU Settlement Scheme (EUSS). Where they are under the age of 21, the applicant must be the direct descendant of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of their spouse or civil partner, and this includes a grandchild or great-grandchild.

Dependent Child Over The Age of 21

A dependent child over 21 of the EEA citizen or of the spouse or civil partner and the family relationship that existed before the specified date can apply for pre-settled status under the EU Settlement Scheme (EUSS). Where they are aged 21 or over, the applicant must be the direct descendant of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of their spouse or civil partner, and this includes a grandchild or great-grandchild, and (unless the applicant was previously granted limited leave to enter or remain under Appendix EU, or its equivalent in the Islands, as a child under the age of 21) the applicant must be dependent on either:

• the relevant EEA citizen (or qualifying British citizen) or their spouse or civil partner at the date of application or, where the date of application is after the specified date, at the specified date
• the relevant sponsor or their spouse or civil partner at the date of application

‘Dependent’ means that, as demonstrated by relevant financial, medical, or other documentary evidence:

• having regard to their financial and social conditions, or health, the applicant cannot, or for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of the spouse or civil partner
• such support is, or was, being provided to the applicant by the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or by the spouse or civil partner
• there is no need to determine the reasons for that dependence or for the recourse to that support

Dependent Parent

A dependent parent of the EEA citizen or of the spouse or civil partner and the family relationship that existed before the specified date can apply for pre-settled status under the EU Settlement Scheme (EUSS). The applicant must be the direct relative in the ascending line of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of their spouse or civil partner and includes a grandparent or great-grandparent and an adoptive parent of an adopted child.

‘Dependent’ means that, as demonstrated by relevant financial, medical, or other documentary evidence:

• having regard to their financial and social conditions, or health, the applicant cannot, or for the relevant period could not, meet their essential living needs (in whole or in part) without the financial or other material support of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or of their spouse or civil partner
• such support is or was, being provided by the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or by their spouse or civil partner
• there is no need to determine the reasons for that dependence or for the recourse to that support

Evidence of dependency might take the form of for example:

• evidence of their financial dependencies, such as bank statements or money transfers to the applicant from the relevant EEA citizen (or qualifying British citizen or relevant sponsor) or the spouse or civil partner
• evidence that the applicant needs and receives (or for the relevant period did so) the personal care of the relevant EEA citizen (or qualifying British citizen or relevant sponsor) on serious health grounds, such as a letter from a hospital consultant

Where such an applicant is applying on the basis that they are the dependent parent of the spouse or civil partner of a relevant EEA citizen (or of a qualifying British citizen or of a relevant sponsor), the Home Office UKVI must also be satisfied that the marriage or civil partnership between the spouse or civil partner and the relevant EEA citizen (or the qualifying British citizen) continues to exist (or did so for the period of residence relied upon).

Dependent Relative

You can apply for pre-settled status as a dependent relative of the EEA citizen or of the spouse or civil partner (in either case) before the specified date, and both:

• the applicant holds a relevant document in this capacity
• the dependency (or, as the case may be, their membership of the household or their strict need for personal care on serious health grounds) continues to exist at the date of application (or did so for the period of residence relied upon)

In addition, where the applicant does not rely on meeting conditions 1, 3, or 6 of paragraph 11 of Appendix EU, or on being a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen, the family relationship continues to exist at the date of application.

Pre-Settled Status For Irish Nationals & Their Family Members

An ‘Irish citizen’ is defined in Annex 1 to Appendix EU as a person who is an Irish citizen as a matter of Irish law. Irish citizens enjoy a right of residence in the UK that is not reliant on the UK’s membership of the EU. This means that Irish citizens do not need to apply for status under the scheme. Nonetheless, Irish citizens can make an application for pre-settled status under the scheme, should they wish to do so.
Their family members (who are not Irish citizens or British citizens and who do not have leave to enter or remain in the UK) will need to make an application for pre-settled status under the EU Settlement Scheme, and they can do so whether or not the Irish citizen has done so.

Pre-Settled Status As A Spouse Of A Relevant Swiss National

The applicant should meet the applicable requirements as the spouse or civil partner of a relevant sponsor who is a national of Switzerland and not also a British citizen, and the marriage was contracted or the civil partnership was formed after the specified date and before 1 January 2026.

Pre-Settled Status As A Family Member Of A Relevant Person Of Northern Ireland

A family member of a relevant EEA citizen (or a joining family member of a relevant sponsor) can also apply for pre-settled status under the EU Settlement Scheme (EUSS) where the relevant EEA citizen (or relevant sponsor) is a relevant person of Northern Ireland (as defined in Annex 1 to Appendix EU).
A ‘relevant person of Northern Ireland’ is a person who both:

• is either:
  • a British citizen
  • an Irish citizen
  • a British citizen and an Irish citizen
• was born in Northern Ireland and, at the time of the person’s birth, at least one of their parents was either:
  • a British citizen
  • an Irish citizen
  • a British citizen and an Irish citizen
  • otherwise entitled to reside in Northern Ireland without any restriction on their period of residence

Pre-Settled Status As A Family Member Of A Relevant EEA Citizen Frontier Worker

A family member of a relevant EEA citizen (or a joining family member of a relevant sponsor) can also apply for pre-settled status under the EU Settlement Scheme where the relevant EEA citizen (or relevant sponsor) is a frontier worker (as defined in Annex 1 to Appendix EU).
A frontier worker is a person who:

• is a national of an EEA country or Switzerland
• is not a British citizen
• satisfies the Secretary of State by relevant evidence of this that they fulfill the relevant conditions of being a frontier worker set out in the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, and that they have done so continuously since the specified date
• has not been (and is not to be) refused admission to, or removed from, the UK by virtue of the Citizens’ Rights (Frontier Workers) (EU Exit) Regulations 2020, and is not subject to a relevant restriction decision as defined by regulation 2 of those Regulations

Pre-Settled Status As A Family Member Of A Qualifying British Citizen

The applicant meets the eligibility requirements for limited leave to enter (LTE) or remain (LTR) as the family member of a qualifying British citizen, as a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen or as a child under the age of 21 of a qualifying British citizen’s spouse or civil partner, where the Home Office UKVI are satisfied, including by the required evidence of family relationship, that, at the date of application, one of the following conditions in rule EU14 of Appendix EU is met.

Continuous Qualifying Period Of Less Than 5 Years

Condition 2 of rule EU14 sets out the eligibility requirements for LTE or LTR as a family member of a qualifying British citizen, or as a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen, on the basis of a continuous qualifying period of less than 5 years.

The Home Office UKVI must be satisfied that the following requirements are met:

• the applicant is a family member of a qualifying British citizen or a family member who has retained the right of residence by virtue of a relationship with a qualifying British citizen
• the applicant was, for any period in which they were present in the UK as a family member of a qualifying British citizen relied upon for the purposes of a continuous qualifying period, lawfully resident by virtue of regulation 9(1) to (6) of the EEA Regulations (regardless of whether in the UK the qualifying British citizen was a qualified person under regulation 6 of the EEA Regulations): see Lawful residence in the UK
• the applicant is not eligible for ILE or ILR under Part 1 of Appendix EU solely because they have completed a continuous qualifying period in the UK of less than 5 years: see Continuous qualifying period

Return To The UK

The following table sets out the date and time by which the British citizen must have returned to the UK with the applicant in order to meet the definition of ‘qualifying British citizen’. The relevant date and time depend on the family relationship between them.

Where a British citizen returns to the UK after the relevant date set out in the table above, a family member seeking to return with them to the UK on the basis of that relationship will need to apply under the family Immigration Rules.

Pre-Settled Status – Derivative or Zambrano Right To Residence

A ‘person who had a derivative or Zambrano right to reside’ is defined in Annex 1 to Appendix EU as a person who both:

• was a person with a derivative right to reside or, as the case may be, a person with a Zambrano right to reside, immediately before they became, as the case may be, a relevant EEA citizen, a family member of a relevant EEA citizen, a person with a derivative right to reside, a person with a Zambrano right to reside or a family member of a qualifying British citizen
• has since remained, to the date of application, in any (or any combination) of those categories or as a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen or with a qualifying British citizen

How Can We Help?

As your legal representatives, our immigration solicitors can represent you in your application for pre-settled status under the EU Settled Scheme (EUSS) and carry out all the work on your leave-to-remain application until a decision is received from the Home Office UKVI. If instructed to represent you regarding your pre-settled status under the EU Settled Scheme (EUSS), the immigration casework to be carried out by our immigration solicitors will include the following:

• Assessing your eligibility for pre-settled status under the EU Settled Scheme (EUSS) by considering all your personal circumstances;
• Advising you on the weaknesses and strengths of your pre-settled status under the EU Settled Scheme (EUSS);
• Advising you on the relevant documents to be submitted in support of your pre-settled status under the EU Settled Scheme (EUSS);
• Assessing your documents to ensure that the documentary evidence is as per requirements of the Home Office UKVI Immigration Rules;
• Completing and submitting the online application form to apply for pre-settled status under the EU Settled Scheme (EUSS) by gathering all the relevant information from you;
• Booking your appointment with the application center for enrolment in biometrics;
• Preparing a detailed cover letter to introduce and support your application;
• Uploading online all the relevant supporting documents before you attend your appointment for enrolment of your biometrics;
• Liaising with the Home Office UKVI for a timely decision on your application.

Our Fee For Pre-settled Status Under The EU Settled Scheme (EUSS)

Unless your matter is very complicated, our fixed fees for pre-settled status under the EU Settled Scheme (EUSS) are as given in the fee table below: