EU Nationals in the UK

Page Contents

• Visiting the UK as an EU or EEA
• What You Need to Enter the UK
• EU Settlement Scheme (Settled and Pre-Settled Status)
• EEA Family Permit
• Frontier Worker Permit
• EU Nationals in the UK
• UK Visa and Immigration Policies for EU and EEA Citizens
• Other UK Immigration Options
• Does an EU Citizen Need a Visa for the UK?
• Electronic Travel Authorisation (ETA)
• Rights and Benefits of Settled Status
• Late Application to the EU Settlement Scheme
• Family Members and the EU Settlement Scheme
• Identity and Residence Requirements
• Travelling to and from the UK with Settled Status
• Challenges and Solutions
• FAQ

When first entering the UK you will need to provide your relevant documents to prove your identity and status. This will usually involve your passport or alternative biometric identity document, which must be in date. You will also need to show either your ETA, visa, or alternative proof of status such as via the EU Settlement Scheme (EUSS), an EUSS family permit, or Frontier Worker Permit.

When you are coming to the UK on a work visa or student visa, you may additionally need to show proof of your professional or educational engagement, such as your job offer and sponsorship arrangements, your confirmation of enrollment, and possibly accommodation arrangements.

You may also need to explain what you plan to do while in the country and how long you intend to stay.

The EU Settlement Scheme (EUSS) was introduced in response to the changes under the Brexit Referendum as an effort to mitigate how new rules to immigration after the UK’s exit from the EU might affect individuals who already resided in the UK as part of their right to free movement.

In its initial form, it offered a path towards limited leave to remain (pre-settled status) and eventual indefinite leave to remain (settled status) to individuals who started living in the UK on or before the 31st of December in 2020.

Pre-settled status is the initial form of permission granted under the EUSS. It grants the right to live in the UK for up to five years after which it may be upgraded to settled status, should residential requirements have been met.

Settled status may be granted after five years of continuous residence status in the UK, provided that individuals can prove that they were resident in the UK for at least 6 months within any twelve-month period within this timeframe.

Settled status grants EU and EEA individuals the same rights as UK citizens in terms of residence, work, and education, as well as access to benefits or support such as universal credit. It is not a travel document and only serves to prove the right to re-entry into the UK where relevant.

The initial deadline to apply for the EUSS was the 30th of June 2021, but late applications may still be considered. Relatives of EU or EEA nationals with status in the UK may qualify to this day.

The EEA family permit or the EUSS family permit offers a path towards residence in the UK for family members of EU or EEA individuals who hold status in the UK.

Eligible individuals may come to the UK to join a family member with UK-settled status. Usually, this permit allows for a stay of up to half a year, during which you may seek employment or enrol in education. It offers unlimited re-entry for its duration.

Joining Family members with an EEA family permit may not overstay the six months they are granted, but they may be eligible to apply for the EU Settlement Scheme or an alternative visa instead.

This permit may only be applied to from outside of the UK. To qualify, applicants must have a qualifying relationship with a relative who has started living in the UK before the end of 2020 and obtained status via the EUSS, citizenship, or dual nationality. This permit may also be available to relatives of UK frontier workers who do not live in the UK.

Applications for this permit are free.

The frontier worker permit offers a path for foreign workers who want to work in the UK while living elsewhere, provided they are from the EU or EEA, started working in the UK before or on the 31st of December 2020, and do not live in the UK.

This permit is intended as an answer to the issues presented by implementing new border rules, aiming to protect workers who previously sought employment in the UK as part of their right to free movement.

This permit is not available to British citizens. Irish citizens do not need it but may choose to apply nonetheless. It is not available to individuals who did not work in the UK on or before the 31st of December 2020. In this case, individuals will need to apply for a visa.

The Frontier Worker permit offers the right to enter the UK and offers access to benefits or services such as the NHS. If you have a digital permission, it may be used to prove your right to work and your right to rent in the UK, where applicable.

Keep in mind that your family members will not be covered by your obtaining this permit. However, they may become eligible for the EU settlement scheme family permit or other visas.

The impact of EU nationals in UK life, economy and culture cannot be understated. From contributions to the workforce and economic stimulation to civic participation. One of the main concerns about the implications of the Brexit referendum was losing this variety as well as the infringement of the rights of EU nationals who had previously exercised their right of free movement. Consequently, programmes such as the EU Settlement Scheme and the Frontier Permits sought to protect the rights of those individuals who might otherwise have been severely and unfairly affected by the UK’s exit from the UK, allowing them to continue living or working in the UK.

Challenges following these new changes to UK immigration rules and the end of free movement continue to arise, as new hurdles have created an increased imbalance in the accessibility of the UK for EU and EEA individuals, nevertheless, with some preparation, it is still attainable and desirable.

UK visa and immigration policies for members of the EU and EEA largely depend on the intended purpose and duration of one’s trip. While the freedom of movement that used to connect the UK and EU has ended, the new and additional steps to accessing the UK can still be successfully navigated with some preliminary planning.

At a glance, the main distinction is made between short-stay visas of up to six months, long-stay visas, and alternatives such as the EU Settlement Scheme. While EU and EEA individuals are still visa-exempt when visiting the UK for short periods of up to six months, recent changes have implemented ETAs (Electronic Travel Authorisations), which means that visitors from the EU or EEA will now need to obtain this before coming to the UK. ETAs allow for tourism and other leisure purposes such as visiting loved ones. They also permit business-related activities such as attending conferences. However, visitors may not engage in any kind of work or labour (paid or unpaid) on an ETA.

EU or EEA individuals will need a visa to visit for longer than six months. This may entail a family visa or work visa, amongst other options, which will offer a subsequent pathway towards permanent residence, if desired. Alternatively, some individuals may be able to qualify under the EUSS (EU Settlement Scheme).

The UK offers various visas that offer longer stays and sometimes paths towards permanent residence. Family visas cover family-related visits, while work visas can be more independent, requiring a job offer and viable sponsorship in most cases.

Family visas offer various options for partners, children, dependents and ancestors who have an eligible relationship with someone in the UK. Categories include:

• Spouse Visa
• Fiancé(e) Visa
• Child dependent visa
• Adult dependent visa
• Skilled Worker Dependent visa
• Ancestry visa

EU and EEA individuals may also be able to apply for an EU Settlement Scheme family permit.

Work visas commonly require you to have a viable job offer from a licensed sponsor. The most popular option under this category is the Skilled Worker visa, which is the most common work-based visa that also offers a path towards permanent residence.

EU citizens will need a UK visa for visits over six months, provided that they don’t have alternative permission such as via the EUSS. Shorter stays are still currently visa-exempt for EU or EEA individuals, though new regulations now mean that they will need to obtain an appropriate ETA before travelling.

Electronic Travel Authorisation or ETA is a recent development in UK entry regulations which affects EU and EEA nationals, as well as other non-visa-required individuals who wish to visit for short durations. ETAs permit a stay of no more than six months.

You should note that while the ETA is required for EU or EEA nationals wishing to visit the UK on short-stay trips, it is not an automatic guarantee of entry. As with other visas, this will be at the discretion of the border official at your port of entry and you should be willing and able to show that you meet all requirements and are intent on following any relevant regulations.

When you are travelling with family or as a group, it is important that all members have their own ETA before coming to the UK. This includes children and even babies. However, ETAs may be applied for on behalf of other travelling individuals where needed.

The ETA costs £20 to apply for per person.

Settled status under the EU Settlement Scheme (EUSS) grants individuals the same rights as UK citizens in terms of their right to reside in the UK, work, study, and access benefits such as the NHS and even certain welfare benefits.

Overall, settled status grants the following, as long as recipients remain compliant with the reasonably lenient requirements:

• The Right to Reside: Settled individuals have a right to live in the UK indefinitely without needing to apply for a visa or renew their status
• The Right to Work: Settled individuals may engage in any work that is considered legal in the UK, including employment and self-employed opportunities
• The Right to Travel: Settled individuals may leave and enter the UK freely. You should note, however, that leaving for an overly extended period of time may lead to your settled status being revised. Usually, the limit sits at about five years of leave.
• The Right to Education: Settled individuals may enrol in educational programmes without restrictions. A key benefit is that settled individuals will usually be subject to the home-fee category of UK universities instead of needing to pay international student fees.
• The Right to Benefits and Social Security: Settled individuals may access the same benefits or public funds that are offered to UK nationals, provided that they meet the eligibility requirements of such programmes. This includes pensions.

You also have the right to equal treatment, meaning that you have a right to be treated the same as UK citizens in the eyes of public services. Beyond this, settled status may also grant you a right to have professional qualifications officially recognised where applicable.

While most of these benefits are linked to officially settled status, pre-settled individuals will already be able to benefit to some degree. Most notably, pre-settled status is technically limited to five years, after which it should be updated to settled status. Nevertheless, changes in regulations meant that this period may be automatically extended. When pre-settled, individuals should ensure to maintain residence in the UK for at least six months in any twelve-month period to remain eligible.

While the initial time frame for EUSS applications closed on the 30th of June 2021, late applications may still be considered for most people who are otherwise eligible, provided that there are reasonable grounds for the delay such as health-related circumstances (physical or mental), family issues, logistical issues (especially if due to the pandemic) or other instances of vulnerability.

Late applications must be filed via the Home Office website. This is also where applications to switch from pre-settled to settled status need to be submitted.

You should keep in mind that missing deadlines is never a great idea when navigating immigration procedures and you should limit the duration of delays wherever possible and be thorough when applying and presenting your ‘reasonable grounds’ for the delay.

The best thing you can do when filing a delayed application is to do it as soon as possible and take all steps to make your application as strong as possible. Seeking support from an experienced immigration specialist can help with this. Our team at London Immigration Lawyers can help you with your application but also advise you on the best options for you. You can call us today at 0204 502 8582 to get immediate advice.

Family members of EU or EEA individuals who have been in the UK since before the end of 2020 may still be eligible for the EUSS now. This may be applied to either directly, before coming to the UK, or by applying for the EUSS family permit to come to the UK and then applying to the EUSS from there.

To be eligible, you must be from the EU or EEA (this includes Switzerland, Norway, Iceland or Lichtenstein). You will also need a valid passport or biometric identity document of that region. Alternatively, you may apply if you have a UK biometric residence permit that expires no longer than 18 months prior.

If you don’t meet these conditions you will need to obtain the EUSS family permit before applying to the EUSS once in the UK.

Applicants will need to show their passport or alternative biometric identity document from a qualifying area in the EU or EEA. You will also need to show that you have a qualifying relationship with an EU or EEA relative who holds status in the UK.

One of the biggest challenges to proving your residency requirements can be covering the time period sufficiently. While it might seem easy to show documents that prove that you have been living in the UK, the Home Office will need you to submit evidence that covers most if not all of the residential period you wish to qualify under. Evidence might include a variety of official correspondence, but the most effective options include utility bills with a date or date range, your name and address on them, bank statements or other financial statements, pay slips or letters from your employer/education provider, as well as letters from a benefits provider, if applicable.

When travelling to and from the UK, your settled status will be what gives you the right to re-enter. While it is not a physical document, it is automatically linked to the passport or identity document that you registered under your UK Visas and Immigration account. It is essential that you travel with this same identity document to make sure that your settled status and associated right to re-entry will be recognised when returning to the UK.

You should keep in mind that while settled status can offer a pathway to eventual naturalisation in the UK, it does not offer you the rights of UK nationality in and of itself. You will still need to navigate travel outside the UK as you would have before, meaning that your visa requirements and other necessary considerations will still reflect your nationality rather than your residential status in the UK. Settled and pre-settled status merely serve as proof of your right to re-enter the UK without needing a visa or other additional permission if you have been abroad within the framework of any associated restrictions.