Where You Might Be.
The scheme is more often misunderstood as closed than it is understood as open. Most of the questions that reach a solicitor are about missing a deadline, holding a status that is about to expire, or bringing a family member.
A Late Application
After the 30 June 2021 deadline
The scheme remains open where there are reasonable grounds for applying now rather than then. Whether the grounds are accepted turns on the explanation and the evidence for it, so it is worth putting properly rather than briefly.
Pre-Settled to Settled
And what happens automatically
Pre-settled status is now extended automatically before it expires, and holders are converted to settled status automatically where they qualify. You can also apply for settled status yourself once you are eligible.
Family Members
Joining, or already here
Family members of a relevant person can apply, including joining family members coming to the United Kingdom. The relationship and its timing decide which route applies.
Refusals
And what follows one
A refusal may carry an administrative review or an appeal depending on the decision and the grounds. Both are time limited, so a decision letter should not be left.
The Legal Position
The scheme sits in Appendix EU to the Immigration Rules. Free movement ended, but the scheme itself did not close with the deadline.
Two Different Statuses
Settled status is indefinite leave to remain. Pre-settled status is limited leave granted where the residence requirement is not yet met. They are not interchangeable and they do not confer the same rights.
There Is No Application Fee
Applying to the scheme is free. Any cost in this area is for advice and representation, not for the application itself, and anyone told otherwise should ask what exactly they are paying for.
The Status Is Digital
There is no physical document. Status is held and proved online, which is what makes an unresolved or lapsed application a practical problem for work, renting and travel long before it is a legal one.
How an Application Runs
A straightforward application is decided on the papers and the evidence is the case. Where the application is late, the explanation carries as much weight as the residence evidence.
Establishing Where You Stand
What status, if any, is held, when residence began and whether it has been continuous, and whether a deadline has been missed and why. This determines which route applies before anything is submitted.
The Application and Its Evidence
Residence is evidenced across the relevant period, and where the application is late the reasonable grounds are set out with the evidence supporting them.
Gaps in residence evidence are the most common practical obstacle, and they are easier to fill before submission than to answer afterwards.
The Decision, and Any Challenge
Where the application succeeds, status is granted digitally. Where it is refused, an administrative review or an appeal may be available depending on the decision and the grounds, and both are time limited.
Fees
£180 for the consultation, up to one hour, plus VAT at 20% where UK VAT applies to you. That depends on where you are living when you instruct us, and we will tell you before you decide.
£180You do not pay it if you already hold a legal aid certificate. The government eligibility checker is not a certificate: it estimates eligibility, it does not grant it, so we cannot waive the fee on a checker result.
This is private work. Most immigration work was taken out of the scope of legal aid in 2013 and applications under the EU Settlement Scheme were not among the categories kept in it. Where refusing funding would breach a person’s rights, Exceptional Case Funding under section 10 of LASPO can be applied for, and we will tell you if that looks arguable.
The fee for the work itself is assessed after that meeting and confirmed in writing before any work starts. The application to the Home Office is free, so what you would be paying us for is advice and representation rather than the application.
Things to Know
These answers state the general position in the United Kingdom. Your advice will address your circumstances.
Did the Scheme Close in 2021?
No. The deadline for most people was 30 June 2021, but the scheme remains open to applications made after it where there are reasonable grounds for the delay. The belief that it closed is the most common reason people who are still eligible never apply.
What Counts as a Reasonable Ground?
It depends on the explanation and on what supports it. It is assessed on the circumstances rather than against a fixed list, which is why a late application benefits from being set out properly with its evidence rather than submitted bare.
My Pre-Settled Status Is About to Expire. Will I Lose It?
Pre-settled status is now extended automatically before it expires, and holders are converted to settled status automatically where they qualify. You can also apply for settled status yourself once you meet the residence requirement.
How Much Does the Application Cost?
Nothing. Applying to the scheme is free. Any fee you pay a solicitor is for advice and representation.
What Is the Difference Between Settled and Pre-Settled?
Settled status is indefinite leave to remain. Pre-settled status is limited leave, granted where the continuous residence requirement is not yet met. They give different rights, and the difference matters for absences from the United Kingdom and for bringing family.
What Should I Bring to the First Meeting?
Your passport or national identity document, anything you already have from the Home Office including any share code or reference, and whatever evidences your residence across the relevant years. If you are applying late, be ready to explain why.
Other ImmigrationServices
Review related advice on family visas, asylum and human rights claims, and deportation and detention.
