If you were resident in the UK by 11pm on 31 December 2020 , it is possible to make a late application under the scheme if you have ‘reasonable grounds’ to do so, but there can be no guarantee of a successful outcome.

The gov.uk website sets out how to apply and provides guidance on reasonable grounds for late applications. The guidance also states “The Home Office will take a flexible and pragmatic approach to accepting late applications and will look for reasons to grant applications, not to refuse them”, but it is important to be realistic. For example, if you were only here for a short period as a visitor a year before 31/12/2020 it is unlikely the application will be accepted.

The caseworker guidance pages 33-46 contains a list of possible reasonable grounds for accepted late applications, but it is important to note they also say the list is non-exhaustive.

If you apply under this provision you may continue to study if you are issued with a Certificate of Application which will confirm your rights while awaiting the decision. When you receive the Certificate of Application you must provide us with a copy by emailing the International Student Advisory Team.

If your application is unsuccessful and you either decide not to submit an Administrative Review or its outcome was unsuccessful, you will need to leave the UK and apply for a Student visa if you have not completed your course.

If you believe your application is unlikely to be successful for example because you do not meet the residency requirements, you should consider instead, simply going home to apply for and obtain a Student visa to study, before returning.

To apply for a Student visa, you will need to request a Confirmation of Acceptance for Studies (CAS) by emailing the International Student Advisory Team. At the time you apply for a Student visa, you must meet the requirements.

The recommended way of applying for the EUSS is by proving your identity using the Home Office’s ‘EU Exit: ID Document Check’ app which is compatible with Android phones 6.0 or above or an iPhone 7 or above.

If you do not have an appropriate device, you can use someone else’s phone, or find a location where you can use a phone.

You will need to open the app, scan your passport, national identity card (containing a biometric chip) or a UK issued biometric residence card before placing your ID document on the phone to enable it to check the electronic information stored in it. Then you will be asked to scan your face using the phone (children aged 10 and below will not be asked to scan their face) before being required to take a photo of yourself using the app.

After completing the identity checks you will be linked to the application form via the app.

If you are unable to use the app, you will need to complete the application form and then send your identity document to the Home Office.

Please note that you will need to declare any criminal convictions in your application. The Home Office will check you against the UK’s crime database and if you have criminal convictions, it may affect if you will be granted settled or pre-settled status. You will still be eligible for the settlement scheme for minor crimes such as speeding, but other crimes will be judged on a case-by-case basis.

 

You will need to upload evidence that demonstrates you meet the requirements of having a continuous qualifying period of residence as per Annex 1 – Definitions of the Immigration Rules Appendix EU.

The evidence needs to show that you were resident in the UK before 11pm on 31^st December 2020, that you have been in the UK since, and/or that you were outside of the UK for ‘important reasons’ for no longer than the specified times. The caseworker guidance pages 160-168 contains further information on the continuous qualifying period (including absences).

The simplest way of proving your residency is by providing your National Insurance number (NI number) in your application if you have one.

If you do not have an NI number, or the information attached does not cover the period needed/reasons for absences, you can upload documents such as annual bank statements, letters from the University/previous schools confirming the dates you are/were enrolled and your UK term-time address’ and periods of online learning due to Covid-19, utility bills etc. Find out more about which documents can be used and the period they need to cover.

Pre-settled status is what is granted to successful EUSS applicants who cannot yet show 5 years of continuous residence. Settled status is granted to those who can prove 5 years of continuous residence. Those with pre-settled status can later achieve settled status by meeting the requirements .

The EU Settlement Scheme (EUSS) is immigration permission that will protect your residency in the UK and therefore your right to study, work and live within the UK. If you are granted either settled or pre-settled status you will not get a physical document unless you are a non-EU family member and do not already have a biometric residence permit (BRP). You will be able to access evidence of your status and application via an online system and share your rights to others such as employers, landlords and educational institutions online.

You may need to plan your future life and travels if you wish to retain the benefits of the EUSS as the status can be lost as set out below. Also, being convicted of a serious criminal offence or acquiring a lengthy criminal record can also cause the loss of the status.

If you have been granted pre-settled status: You will be able to work, study, use the NHS, access public funding, and travel in and out of the UK. You can spend up to 2 years in a row outside of the UK without losing your pre-settled status, but you will need to maintain your 5-years continuous residency if you want to apply for settled status once you have lived for 5 years in the UK. You must apply for settled status before the expiry of your pre-settled status.

If you have been granted settled status: You will be able to work, study, use the NHS, access public funding, travel in and out of the UK and apply for British citizenship if eligible. You will be able to spend up to 5 years in a row outside of the UK without losing your settled status or up to 4 years in a row if you are a Swiss citizen or their eligible family member.

• 30 March 2019: The date the EU Settlement Scheme fully opened.
• 31 January 2020: The date the UK left the EU.
• 31 December 2020: The end of the transition period. EU citizens who arrived on or before this date were able to apply for the EU Settlement Scheme.
• 30 June 2021: The deadline for applying for the EU Settlement Scheme unless the applicant has reasonable grounds for a late application.

If you need clarification or require assistance, please contact the International Student Advisory Team.