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EU Settlement Scheme: information for local authorities

Updated 9 August 2023

1. Background

In line with the Citizens’ Rights Agreements, the EU Settlement Scheme (EUSS) was established to enable EU, EEA and Swiss citizens, ^{[footnote 1]} resident in the UK by the end of the transition period on 31 December 2020, and their family members, to get the immigration status they need to continue to work, study and access benefits and services, such as healthcare, in the UK after 30 June 2021. Find out more on the Apply to the EU Settlement Scheme (settled and pre-settled status) page.

For those citizens resident in the UK by 31 December 2020, the deadline for applications to be made to the EUSS was 30 June 2021, which was also the end of the grace period during which their existing EU law rights were protected pending the outcome of an application to the EUSS made by the deadline.

2. Important changes since 1 July 2021

Since 1 July 2021, EU, EEA and Swiss citizens and their family members are required to evidence their right to be in the UK by having obtained a valid UK immigration status. If they do not have indefinite leave to enter or remain, they may be able to obtain the status they need through the EUSS if they were resident in the UK by 31 December 2020, or are a joining family member of an EU, EEA, or Swiss citizen who was resident here by then. Alternatively, they may be able to obtain a valid visa under the points-based immigration system.

EU, EEA and Swiss citizens and their family members in your locality will be required to provide proof of their rights to work with local employers (including for a local authority), to rent private housing or social housing in England or to access benefits.

3. Pending applications made by the 30 June 2021 deadline

Individuals who submitted an application by the deadline of 30 June 2021, will have their existing rights protected until the application is decided. Rights are also protected where the outcome of any appeal against a decision to refuse status is pending.

Anyone awaiting the outcome of their in-time application to the EUSS can evidence their rights with a Certificate of Application which is issued as soon as possible after a valid application is received.

A Certificate of Application is accessible to view online, through the view and prove your immigration status service.

EU, EEA and Swiss citizens and their family members will have created a UK Visas and Immigration (UKVI) account when they made their application to the EUSS. To log in, EU, EEA and Swiss citizens and their family members will need their UKVI account credentials, details of the identity document they used when they made their application and access to either the phone or email account they used when they applied. From there they will be able to generate a share code that will give third parties, such as employers, time-limited access to view their status.

4. Using and checking an immigration status

Since 1 July 2021, EU, EEA and Swiss citizens and their family members granted status under the EU Settlement Scheme have been required to evidence their rights in the UK with their digital immigration status, rather than their passport or ID card. For example, they may need to do this when applying for a job or when entering a new tenancy agreement.

This is also the case for people with a pending valid application that was submitted by 30 June 2021. A Certificate of Application will be available in the individual’s UKVI account. Those who submitted a paper application will have a Certificate of Application sent to them.

We have published a guide for EU, EEA and Swiss citizens on viewing and proving their immigration status (eVisa).This guide explains how people can view, prove and share their immigration status, update their details, what they should expect when crossing the UK border and how to get help accessing their immigration status.

Other services and departments such as, HMRC, DWP and the NHS will have automatic access to an applicant’s status or pending application to check a person’s eligibility for benefits and services.

It is important people keep their personal details on their UKVI account up to date. They can update their details through the ‘update your UKVI account details’ service or by using the update details function in the view and prove your immigration status service.

If an individual needs help accessing or using the online immigration status services, you can recommend that they can contact the Resolution Centre by calling: 0300 790 6268. Lines are open Monday to Friday (excluding bank holidays), 8am to 8:30pm, Saturday and Sunday, 9:30am to 4:30pm.

5. Right to work checks

Since 1 July 2021, EU, EEA and Swiss citizens and their family members have been required to evidence their right to work in the UK, either using their online immigration status (eVisa) or their Certificate of Application.

6. Right to rent checks

Since 1 July 2021, EU, EEA and Swiss citizens and their family members have been required to evidence their right to rent in England, either using their online immigration status (eVisa) or their Certificate of Application. Local Authorities can use the Home Office online checking service to view the immigration status of existing and prospective tenants in England.

7. Healthcare

Healthcare is a devolved matter and advice can be sought from devolved health administrations. ^{[footnote 2]}

The Department of Health and Social Care has made clear that those who are awaiting the outcome of an EUSS application submitted by 30 June 2021 will remain entitled to free healthcare, subject to the ordinary resident test, until that outcome is known. Where a late application to the EUSS has been made (evidenced by a Certificate of Application), the individual will be non-chargeable for NHS healthcare from the date that application was validated until its final outcome. Those who are subsequently granted EUSS status, will remain non-chargeable for NHS healthcare.

Primary healthcare services are free of charge to all. These services include:

• GP consultations
• accident and emergency care
• testing and treatment for certain infectious diseases

Urgent and immediately necessary treatment is never withheld, even where charges may apply.

If, at the time of treatment, an EU, EEA or Swiss citizen or their family member cannot evidence their status or present a Certificate of Application showing they have applied to the EUSS, they can provide it to the Trust once they receive it.

EU, EEA or Swiss citizens or their family members without a valid immigration status, or who have been refused EUSS status, may be charged for NHS healthcare, unless another exemption from charging applies.

More information can be found at the following links:

• NHS entitlements: migrant health guide
• Guidance on implementing the overseas visitor charging regulation

8. Applications for Looked After Children

Local authorities are required to identify and make or support applications by or on behalf of eligible looked after children and care leavers as outlined in this guide.

Provision has been made for local authorities to make or support late applications in line with published guidance by or on behalf of:

• looked after children for whom the authority has parental responsibility
• looked after children who are accommodated
• care leavers (who may be adults)
• any other children in receipt of local authority support, for example children in need

9. Reasonable grounds for a delay in applying

The EUSS has made provision for late applications to be made by EU, EEA and Swiss citizens and their family members who can show they have reasonable grounds for their delay in applying.

Non-exhaustive EU Settlement Scheme caseworker guidance has been published setting out examples of circumstances which may constitute reasonable grounds for the person’s delay in applying, including, but not limited to, the following:

• a parent, guardian or local authority has failed to apply on behalf of a child and they have only recently been made aware of the need to apply
• a serious medical condition prevented them from applying earlier
• they lacked the physical or mental capacity to apply earlier
• significant, ongoing care or support needs prevented them from applying earlier
• they have been in an abusive or controlling relationship which prevented them from applying earlier
• they came to the UK on a work or study visa and became eligible to apply to the EU Settlement Scheme while they were here
• another compelling or compassionate reason which prevented them from applying earlier

Read the EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members caseworker guidance on GOV.UK.

Eligible applicants should make a late application to EUSS as soon as possible. They will need to explain the reasons why they did not apply earlier and provide supporting evidence. This will be used to assess whether there are reasonable grounds for their delay in applying. Their reasonable grounds must cover the entire period since the deadline which applied to them.

10. Applications after the 30 June 2021 deadline

Since 1 July 2021, EU, EEA and Swiss citizens and their family members have been required to evidence their right to be in the UK by having secured a valid UK immigration status, either through the EUSS (including joining family members) or by obtaining a visa under the points-based immigration system.

EU, EEA and Swiss citizens and their family members resident in the UK by 31 December 2020 do not need to apply to the EUSS if they have indefinite leave to enter or remain already, or are an Irish citizen.

EU, EEA or Swiss citizens and their family members (including non-EEA citizens) resident in the UK by 31 December 2020, who failed to make an application to the EUSS by the deadline of 30 June 2021, will not have protected their rights in UK law, including the rights to work, study and access benefits and services in the UK.

Failure to apply to the EUSS may negatively impact their eligibility to work, study, and access benefits and services in the UK or rent property in England.

11. How to make a late application

Check your eligibility to apply on GOV.UK.

Applicants can complete a free online application from a computer, tablet or mobile smartphone.

Application guidance can be found on GOV.UK. Once the guidance has been read, applicants should start an application.

The following individuals do not need to apply to the EUSS:

• naturalised British citizens
• those with indefinite leave to enter or indefinite leave to remain
• Irish citizens, but any non-Irish, non-British family members will need to apply to the EUSS if they want to stay in the UK

Remember:

Even EU, EEA and Swiss citizens who have lived in the UK for many years, are married to a British citizen, or hold a permanent residence document need to apply to the EUSS.

Children will need their own individual applications if they are not British citizens or do not have indefinite leave to enter or indefinite leave to remain. Further information is available on GOV.UK.

Those who have given birth since 1 January 2021) will need to make an application on the behalf of their child, generally within 3 months of their date of birth. However, an application for a child is not required if either parent has settled status under the EUSS (or another form of indefinite leave to enter or remain) before the child is born, as the child will be a British citizen.

If either parent has an outstanding in time application to the EUSS when their child is born in the UK which results in a grant of settled status, their child will become a British citizen from the date on which the grant of settled status is made. There is no need to make a further application for the child in relation to this.

If either parent submits a late application on the basis of reasonable grounds for their delay in applying, which results in a grant of settled status based on their residency as of 31 December 2020, then any child born in the UK on or after 1 July 2021 will become a British citizen from the date on which the grant of settled status is made. There is no need to make a further application for the child in relation to this.

12. Support available for late EU Settlement Scheme applicants

There remains a range of support available from over the phone advice to one-to-one support as well as help with technology. Local authorities are encouraged to signpost applicants to these services for further support and advice:

12.1 Resolution Centre

For questions about their application, people can call 0300 123 7379 from inside the UK or +44 (0) 20 3080 0010 from outside the UK (Monday to Friday, 8am to 8:30pm and Saturday to Sunday, 9.30am to 4.30pm).

Find out about call charges.

12.2 Assisted Digital

The Assisted Digital service helps people who do not have the right access, skills or confidence to complete the online application form and is available over the phone and in person, free of charge. Contact We-Are-Digital by calling 03333 445 675 (Mon–Fri, 9am–5pm) or text the word “VISA” to 07537 416944.

12.3 ID document scanning service

The ID document scanning service is available to complete the identity verification step for those who do not have access to the EU Exit: ID Document Check app. There may be an administrative fee to use this service. To check availability of this service and for more information, visit www.gov.uk/eu-id-scanner-location

12.4 Community support

If applicants need more support with their application, they can contact a nearby community support organisation. There is also a postcode checker showing local support available.

13. Communications and materials

• Local authorities are encouraged to direct eligible citizens to the Apply to the EU Settlement Scheme (settled and pre-settled status) guide.

1. The European Economic Area includes citizens from Norway, Iceland and Liechtenstein. For a full list of countries, visit gov.uk/eu-eea ↩

2. The information in this document applies to healthcare services in England. For more information about accessing healthcare in Scotland, Wales and Northern Ireland, visit the websites for health services in Wales, health services in Scotland and health services in Northern Ireland. ↩