Applying for settled status under the EU Settlement Scheme based on historic residence in the UK

Following Brexit, the EU Settlement Scheme was introduced into UK immigration law for EU citizens and their family members who were resident in the UK by the end of the Brexit transition period on 31 December 2020.
 
As the Scheme is primarily aimed at EEA and Swiss nationals and their family members who were residing in the UK as at 31 December 2020, many are unaware that an EEA or Swiss citizen who previously lived in the UK for 5 years or more before this date may also be eligible to apply for settled status on the basis of their historic residence in the UK.  

In order to be eligible to apply for settled status on the basis of historic residence, an EEA or Swiss citizen (or their family member) must meet the following criteria:

• They must meet suitability requirements, which mainly relate to previous criminal conduct;
• They must previously have lived in the UK for at least 5 years, and this period of residence must have started before 31 December 2020;
• During this 5 year period, they must have been an EEA or Swiss citizen (or the family member of an EEA/Swiss citizen);
• They must not have been absent from the UK for more than 180 days in any rolling 12 month period during this 5 year period; and
• Since they stopped living in the UK, they have not been absent from the UK for a continuous period of 5 years or more (4 years or more for a Swiss citizen). 

It is important to be aware that these applications are not straightforward, especially as the deadline to apply for settled status under the EU Settlement Scheme was 30 June 2021. 

It is, however, still possible for someone who is eligible under the EU Settlement Scheme to make a late application where, when considering their circumstances, there are reasonable grounds for their delay in making an application. Late applications must be made as soon as possible and an applicant must convince the Home Office that there are reasonable grounds not only for them missing the deadline of 30 June 2021, but also that there are reasonable grounds for their ongoing delay in submitting an application. 

The Home Office apply a high threshold to accepting late applications under the EU Settlement Scheme. Applicants usually only get one chance at a late application, and demonstrating reasonable grounds for the delay in submitting an application is complicated. It is therefore extremely important that any late application for settled status on the basis of historic residence is very thoroughly prepared and is accompanied by supporting evidence. 

If you are an EEA or Swiss citizen (or their direct family member) who previously lived in the UK for 5 years or more, and who has returned regularly to the UK since you left, you may be eligible to make a late application for settled status. We have previously had success with such applications, and if you wish to arrange a consultation to discuss whether you are eligible to apply, or wish our assistance with a late application, please do not hesitate to contact us and one of the experienced solicitors in our immigration team will be happy to assist you.