EU Settlement Scheme - apply by 30 June 2021 to get the status you need
Answers to some of the most commonly asked questions about the EU Settlement Scheme (EUSS), including some ‘Top Tips’ from those who have applied.
For those members of our community who are EU, EEA or Swiss citizens or have family members who are affected by Brexit we would like to remind you that the deadline for applying to the EUSS is 30 June 2021. If you are eligible, we would strongly encourage you to apply for the immigration status you will need to continue to live, work and study here in the UK after 30 June 2021.
- apply without delay, if you wish to continue to have the legal right to live and work in the UK beyond 30 June 2021
- read the available guidance on GOV.UK and our own webpages
- reach out to email@example.com if you have any questions or need any support
- check that your absences from the UK do not exceed 6 months in any 12-month period if you're making an application
- familiarise yourself with what is and is not a permitted absence for maintaining your continuous residence
- keep a digital or physical file of your documentary evidence of your continuous residence in the UK, so that you are prepared for your settled status application
- seek advice from an immigration adviser if you need it
- delay your application, if you wish to apply for status under the EUSS
- be afraid to ask for support, please reach out to firstname.lastname@example.org for guidance
- break your continuous residence by being absent from the UK for more than 6 months in any 12-month period, if the reason you are absent is not covered by the permitted exceptions
Do I need to apply to the EUSS?
Except in a few cases, you need to apply if:
- you are an EU, EEA or Swiss citizen
- you are not an EU, EEA or Swiss citizen, but your family member is (or is an eligible person of Northern Ireland)
This means you need to apply even if you:
- were born in the UK but are not a British citizen - you can check if you are a British citizen if you’re not sure
- have a UK ‘permanent residence document’
- are a family member of an EU, EEA or Swiss citizen who does not need to apply - including if they’re from Ireland
- are an EU, EEA or Swiss citizen with a British citizen family member
If you have children, you need to apply for them separately.
If you’re an EU, EEA or Swiss citizen and you have a family member who is an eligible person of Northern Ireland, you may be able to choose which way you apply.
The EU Settlement Scheme allows you and your family members to get the immigration status you will need to continue to live, work and study here in the UK after 30 June 2021. This status means that you continue to be eligible for:
- public services, such as healthcare and schools
- public funds and pensions
- British citizenship, if you want to apply and meet the requirements
Where can I find information on the EUSS and how do I apply?
We have also developed our own EU Settlement Scheme guidance which you may find helpful.
I've been working overseas due to COVID-19, am I eligible?
Our Brexit advice webpage provides further information in relation to this situation and also if you were resident in the UK before 31 December 2020 but left due to the COVID-19 pandemic and still haven’t returned.
You may also find the Government’s ‘COVID-19: EU Settlement Scheme – Guidance for Applicants’ document helpful.
We would recommend you make an immediate application under the EUSS if you are eligible and you haven’t already done so and consult an immigration adviser if you need individual advice.
Can I apply for the EUSS from outside the UK?
You are able to make an application for status under the EUSS from outside the UK using the ‘EU Exit: ID Document check app’ and your current valid passport or national ID card (if you are an EU, EEA, or Swiss citizen), or your UK residence card with biometric chip (if you are not).
Does the University offer any immigration financial assistance?
The University offers an Interest-Free Loan up to a maximum amount of £10,000 for eligible staff (and their dependants) for Home Office application fees and related legal costs. Further information can be found on our Interest-Free Loan Scheme webpage.
I'm having difficulty applying to the EUSS
The Staff Immigration Team in HR are providing support to staff who are considering making an application. If you need assistance, please contact email@example.com.
If you are experiencing technical difficulties with the EU Exit: ID Document check app, please visit the Government’s website for some troubleshooting tips, or you can contact the EU Settlement Resolution Centre by calling the numbers provided here.
After 30 June 2021, how will an EEA citizen prove their RTW?
After 30 June 2021, EEA passports and national identity cards will no longer be sufficient to prove your right to work (RTW) in the UK. Instead, EEA citizens will need to show evidence of their status under either the EU Settlement Scheme or the new Points-Based Immigration System. Settled and pre-settled status are a digital-only status, meaning that no residence card or passport stamp is issued and a status outcome letter is not proof of status. Non-EEA family members will continue to be issued biometric residence cards.
You can evidence your right to work using either the Government’s Online Right to Work Check process, if eligible, where you can generate a digital code and email it to us or via a manual check where we will need to see your original documents in person (unless the COVID-19 interim right to work check process applies).
If you are unable to provide the University with acceptable right to work documents because you have an outstanding application for status under the EUSS or the Points Based Immigration System, with your permission the Staff Immigration Team will need to contact the Employer Checking Service to establish a statutory excuse.
You may also find the Government’s ‘Understanding your right to work in the UK: EU, EEA & Swiss Citizens’ guidance document helpful.
Will retrospective RTW checks be required?
There is no mandatory requirement for retrospective checks to be undertaken on EU, EEA or Swiss citizens who were employed at the University on or before 30 June 2021. The University will maintain a continuous statutory excuse against a civil penalty in the event of illegal working if the initial right to work check was undertaken in line with right to work legislation and the Right to Work Check guidance webpages.
The University does reserve the right to carry out an audit of its workforce to ensure its stability and for compliance purposes.
Further government guidance on how to conduct right to work checks on EEA citizens from 1 July 2021 is expected to be released in advance of this date.
Do I need to share my pre-settlement/settlement status with HR?
EU, EEA and Swiss citizens are not required to share their pre-settled or settled status under the EUSS until after 30 June 2021, however, if you would like to voluntarily share your pre-settled or settled status with HR please email firstname.lastname@example.org and we will carry out an updated right to work check with you.
This will allow us to record your immigration status correctly on iTrent and help us track the take-up of the EUSS.
Do I need to apply again for settled status?
If you have pre-settled status, you can stay in the UK for a further 5 years from the date you got your status. You must apply to the EUSS again before your pre-settled status expires to stay in the UK.
You will be eligible to apply for settled status once you have completed a 5-year continuous qualifying period of residence in the UK. ‘Continuous residence’ means you must have been resident for at least 6 months in any 12-month period. These 6-month absences can be in one stretch or can be separate absences which add up to more than 6 months outside of the UK. Our Brexit advice webpage provides further information in relation to permitted exceptions for absence from the UK.
It is recommended that you keep a record of any absences from the UK during your qualifying period and ensure you have not been absent from the UK for more than 6 months in any 12-month period. It is also recommended that you familiarise yourself with the evidence you will be required to submit in support of your application so that you can file important information in preparation of your future application.
Why is it important to update my EUSS account details?
If you've applied to the EUSS (or for a visa and used the ‘UK Immigration: ID Check’ app to scan your identity document on your phone) then your EUSS (UK Visas and Immigration) account will have been set up based on the following information you provided at point of application:
- mobile phone number
- email address
- identity document
- UK address
It is important that you keep your details up to date so you can view and prove your rights to others e.g. your employer. You must also ensure that your details are up to date if you’re waiting for a decision and you’ve changed your email address or phone number - if you do not provide the correct contact details you may not get your decision.
If you need to renew your passport/ID card and are planning to travel (for business or personal reasons) it is worth bearing in mind that you will need to send your original passport/ID card to the Home Office. You can can do so by logging on to your online profile and navigating to the 'Update your details' screen, then select 'Identity Documents' and update as required.
Some of our EU staff who have made a life and home in Bath want to share their personal experience of settling in the UK and applying to the EUSS. Please click below and take a look at their Staff Spotlights.