The UK government has clarified the specific conditions under which foreign nationals can legally remain in the country without submitting an application for the EU Settlement Scheme. According to official guidance, only two categories of people are exempt from the application process entirely.
Who Qualifies for the EU Settlement Scheme?
Nationals from EU member states, Switzerland, Norway, Iceland, and Liechtenstein, along with their eligible family members, may apply to the scheme to secure their right to continue living in the UK. Family members of eligible persons in Northern Ireland may also qualify.
The scheme grants either settled status or pre-settled status. Settled status is typically granted to those who have lived continuously in the UK for five years or more, while pre-settled status applies to those who have not yet reached that threshold.
Deadline and Exceptions
The deadline for most applicants was 30 June 2021. However, this cut-off does not apply to everyone. Those who already hold pre-settled status and are looking to upgrade to settled status are not bound by that deadline and may still apply.
The Two Conditions for Staying Without Applying
The government confirmed two specific circumstances in which a foreign national may remain in the UK without going through the EU Settlement Scheme at all. The first condition applies to Irish citizens, who retain the right to live and work in the UK under the longstanding Common Travel Area arrangement, which predates both the EU and Brexit. The second covers individuals who already hold indefinite leave to enter or remain in the UK, meaning they have previously been granted permanent residence through a separate immigration route.
For anyone falling outside these categories who has not yet secured their status, the guidance strongly advises checking eligibility and taking the necessary steps, particularly for those who may have missed the original 2021 deadline but qualify for a late application.
Related UK Residency Requirements
Earlier, Legit.ng reported that the UK government has shared the residency requirements foreigners working in the country must meet before applying for indefinite leave to remain. Most workers on UK visas must have lived and worked in the country for at least five years before becoming eligible to apply for settlement.
