Status of EU Nationals and their family members

The United Kingdom (UK) formally left the European Union (EU) on 31 January 2020 and entered into a period of transitional arrangements. That transition period came to an end on 31 December 2020.

EU nationals and their families living in the UK must now apply to the government’s EU settlement scheme. Details as to what you should do if you have not already applied to the scheme can be found below.

If you are still concerned about your status in the UK, please do not hesitate to contact RCN Direct on 0345 772 6100 and you will be referred to our Immigration Advice Service.

1.) I have not yet submitted an application to the EU Settled Status Scheme. Can I still do so?

Yes, you can still apply, but you might be asked to provide more information as to why you have applied after 30^th June 2021. 

Depending on how long you were resident in the UK on the 31^st December 2020, you will either be granted EU Settled Status, of Pre-Settled Status.

Further information can be found on the EU Settled Status Scheme website: GOV.UK: Apply to the EU Settlement Scheme (settled and pre-settled status)

2.) Once I have settled status, will I lose it if I leave the UK?

You risk losing settled status if you are absent from the UK for more than five years.

If you have pre-settled status, the length of time you can be absent from the UK is two years. However, this will break your continuous residence in the UK which will affect your ability to apply for settled status, as you will not have been living in the UK for a continuous five-year period.

3.) Can I appeal against a decision if I am refused settled status?

Yes, you can appeal. Our solicitors at the Immigration Advice Service can assist you with preparation and representation at the appeal.

4.) I live in the UK, but I am a non-EU family member. Can I apply under the EU settlement scheme?

Yes, you can. The eligibility criteria will be the same as your EU family member.

5.) I applied to the Scheme before the 30^th June but have not received a decision. Can I still live and work in the UK?

Yes, you can. The Home Office will send you a letter called a ‘Certificate of Application’ confirming that you have applied. This letter can be shown to employers.

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