The EU Settlement Scheme Family Permit: My Expert Guide for Late Applications
- mgibson66
- 17 hours ago
- 6 min read
Author Biography
Marc Gibson, Regulated IAA Immigration Adviser & Director at MYG LTD
Hello, I'm Marc Gibson, and I've been a regulated immigration adviser for over 20 years. I founded MYG LTD to provide clear, empathetic, and expert guidance through the UK's complex immigration system. I've seen it all, from the small mistakes that can derail an application to the joy of a successful outcome. I believe that behind every visa application is a real person with a real dream, and my job is to help you achieve it.
For many EU, EEA, and Swiss nationals, the EU Settlement Scheme (EUSS) was a straightforward process, but for others, it's a source of anxiety. I speak regularly with people who are worried they've missed the deadline or don't know how to prove their right to stay in the UK. The rules have changed, and if you're an EU national seeking UK biometric residence permits, it’s understandable to feel confused. My aim with this guide is to cut through that confusion and give you the clear, expert advice you need.
This article isn't just a list of government regulations. It's a strategic guide based on my 20 years of experience, focusing on the common challenges I see and how to overcome them, particularly if you're applying late.
The New Reality of the EU Settlement Scheme Family Permit route.
The main deadline for the EU Settlement Scheme Family Permit route passed on 30 June 2021.
For a lot of people, that day came and went without an application. The good news is that for many of you, it's not too late. The Home Office still accepts late applications, but you must demonstrate "reasonable grounds" for why you didn't apply by the deadline.
In my experience, "reasonable grounds" can cover a wide range of situations, and the Home Office has been empathetic. Common reasons include:
A medical condition that prevented you from applying.
Being a child whose parent or guardian didn't apply for you.
Having a disability or care needs.
Being a victim of modern slavery or domestic abuse.
Not having internet access or relevant documents.
A lack of awareness that you needed to apply, especially if you had another type of biometric residence permits, other visa or permanent residence.
If you believe you have a "reasonable ground," it's crucial to provide evidence to support your reason and cover the entire period since the deadline.
Legal representative service:
Selecting the right legal representative is a key part of the visa application process and it’s an important one to get right if your considering using an immigration adviser or Solicitor to submit your application for you.
To apply on your behalf to EU Settlement scheme you first need to meet the following application requirements.
Who can still apply to the EU Settlement Scheme?
Proving continuous residence
Understanding Settled & Pre-settled Status:
Common Pitfalls
Final Thoughts
Who Can Still Apply to the EU Settlement Scheme?
While the main deadline has passed, the door to applying is not closed. You could still apply after 30 June 2021 if you meet one of the following criteria:
Family members: If you are joining a family member who was living in the UK before 31 December 2020 and has settled status or pre-settled status, your deadline is based on when you arrive in the UK. You must be recognized as their family member by 31 December 2020 (this doesn't apply to children born or adopted after this date). Your family relationship must also still exist when you apply.
You may also be eligible if:
You are the family member of a British citizen who you lived with in the EU, Switzerland, Norway, Iceland, or Liechtenstein and you returned to the UK with them before 29 March 2022.
You are the family member of a person who is exempt from immigration control, or who stopped being exempt after 30 June 2021.
Born or Adopted Children: You are applying for your child who was born or adopted in the UK on or after 1 April 2021.
Eligible Northern Irish Family: You are the family member of an eligible person of Northern Ireland, and they could not move back to the UK by 31 December 2020 without you. You must be from outside the EU, Switzerland, Norway, Iceland or Liechtenstein.
Existing UK Leave: You are already in the UK on a different type of limited leave to enter or remain (e.g., a work or study visa) which expires after 30 June 2021.
Proving Continuous Residence: My Expert Methodology
This is often the most challenging part of the application. For both settled status and pre-settled status, you need to prove you have been living in the UK for a continuous period. It’s not just about showing you were here; it’s about providing a clear paper trail that tells your story.
The Home Office will attempt to verify your residence automatically using government-held data, like tax records or benefit claims. However, it's a mistake to rely solely on this. I always advise my clients to gather their own evidence, especially for any gaps in the Home Office's data.
My professional recommendations for proving continuous residence include:
A Detailed Timeline: Create a chronological list of your time in the UK, including any absences. Be specific.
The "Paper Trail" Method: Go beyond the obvious. Your evidence of residency can include:
Utility bills in your name.
Tenancy agreements or mortgage statements.
Letters from employers or payslips.
Bank statements showing UK transactions.
NHS letters or hospital records.
Even gym memberships or library card records can sometimes be used to fill in small gaps.
Remember, the goal is to build a solid, verifiable case that leaves no room for doubt. For advice and help on your application get in touch
Understanding Settled & Pre-Settled Status
The EU Settlement Scheme offers two types of status, and it’s important to know which one you're applying for and what the long-term implications are.
Pre-settled Status: If you have not yet been in the UK for 5 years of continuous residence, you will usually get pre-settled status. This allows you to stay in the UK for a maximum of 5 years. Once you have completed your 5 years of continuous residency, you must apply again to upgrade to settled status if you want to stay in the UK indefinitely.
Settled Status: You can usually obtain settled status if you started living in the UK by 31 December 2020 and have lived in the UK for a continuous 5-year period. This means for 5 years in a row, you've lived in the UK for at least 6 months in any 12-month consecutive period, except for one period of up to 12 months for an important reason (e.g., childbirth, serious illness, study, or an overseas work posting). You'll only need to apply once to get this status. Once you receive your settled status, and depending on your personal circumstances, you may be eligible to apply for Naturalisation (British Citizenship) immediately or after a further 12 months. Click link above for more information on Citizenship applications.
Common Pitfalls & What to Do Next
In my years of practice, I've seen common mistakes that can lead to an application being refused, even when the applicant is eligible. Avoiding these pitfalls is a crucial part of a successful application.
Submitting Insufficient Evidence: One of the biggest mistakes is assuming the Home Office has everything it needs. Always provide more evidence than you think is necessary, especially if you have an unusual circumstance.
Choosing the Wrong Application Route: Sometimes, people with a different status—like a Biometric Residence Permit or a different type of visa—unnecessarily apply for a Family Permit, which can delay the process. It's vital to choose the correct application route from the start.
Misunderstanding Family Member Rules: The rules for a joining family member EU Settlement Scheme application are complex. For example, the relationship must have existed by a certain date, and you must have the right documentation to prove it.
Final Thoughts & Next Steps
Navigating the EU Settlement Scheme can feel overwhelming, but you don't have to do it alone. My goal is to empower you with the right knowledge and tools. If you're an EU national seeking UK residency, and you're unsure about your eligibility, proving your continuous residence, or your "reasonable grounds" for a late application, my advice is to seek our expert guidance.
As a regulated immigration adviser, I can review your specific circumstances and provide a clear, empathetic path forward. I offer consultations to help you with specific questions, or my full legal representation can handle the entire application for you from start to finish. Whatever your situation, I'm here to help you secure the status you deserve.
Lets get your application started together
Disclaimer: The information provided above is for general purposes only relating to Immigration visa application procedures and these rules change regularly. I highly recommended you contact me directly for more in-depth advice and assistance. All enquiries receive a free initial application assessment to clarify how you meet the general application requirements of the above application route.
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