EU citizens staying in Scotland: support and toolkit for eu citizens, their employers and landlords

European Union Settlement Scheme Factsheet

Following decisions made by the UK Government, free movement between the EU and the UK ended on 31 December 2020.  EU citizens who were residing in the UK by 31 December were required to apply for the UK Government’s EU Settlement Scheme by 30 June 2021 in order to continue living, working and studying in the UK after that date.

The Scheme means that EU citizens who have been in the UK for five continuous years are eligible for settled status subject to meeting suitability requirements. EU citizens who have been in the UK less than five years can apply for pre-settled status. After five years continuous residency, an individual with pre-settled status can apply for settled status.

There is more information available on Settled and Pre-Settled Status. If you missed the deadline, you can still apply if you were living in the UK by 31 December 2020 and believe you have a good reason for applying late, provided you have evidence to support this.

There is guidance available which provides information on what the UK Government considers reasonable grounds for late applications. EU citizens who apply late will have their rights protected until the application is finally determined.

EUSS applications

• EU citizens and any of their family members who are not UK citizens had to apply.
• Those with permanent residence documents had to apply.
• Citizens of Norway, Iceland, Lichtenstein and Switzerland had to apply. 
• Irish citizens did not need to apply, but could if they wished. There are separate arrangements for Irish citizens under the Common Travel Area. Non-Irish family members will need to apply.
• EU citizens with indefinite leave to remain or enter the UK (ILR) did not need to apply, but could apply if they wished to do so.

If you have a later deadline to apply

For some people, the deadline of 30 June 2021 does not apply This includes family members of EU and EEA nationals.  It also includes applications for children who were born or adopted in the UK on or after 1 April 2021. 

Accessing your status

If you have pre-settled or settled status you can view and prove your immigration status here. This service provides you with a ‘share code’ to prove your status to others, for example employers. You can also use this service to update personal details in your UK Visas and Immigration account, for example your passport number or email address and check what rights you have in the UK, for example the right to work, rent or claim benefits.

The Scottish Government has funded JustCitizens, a JustRightScotland project, to produce a series of factsheets to help EU citizens better understand their rights.  These are: 

• Right to Work
• Right to Healthcare
• Right to Vote
• Right to Study
• Right to Access Benefits and Social Work Support
• Right to Housing

If you arrived after 31 December 2020

If you started to live in Scotland from 1 January 2021, you must apply through the UK Government's immigration rules to live, work and study here.

What type of immigration status you apply for depends on why you’re in Scotland.  For example, it will vary depending on whether you’re:

• working
• studying
•  joining a family member

You should check to see if you need a visa or if there are any other related requirements. 

EU citizens who arrived in the UK for the first time on or after 1 January 2021 cannot apply for Settled Status or Pre-Settled Status.

Support

Citizens Advice Scotland

Citizens Advice Scotland run a free national helpline as part of their EU Citizens' Support Service. 

Staff may be able to help people make a late application to the EUSS. 

Helpline number

For more information, advise and support about staying in Scotland call:

0800 916 9847

Citizens' Rights Project

The Citizens' Rights Project can give people information about EU citizens' rights. They run sessions in different languages and have multilingual staff.  They may be able to help you make a late application to the Scheme. 

Contact the Citizens' Rights Project

Get in touch by phone, text message or WhatsApp:

 07518926137. 

Email: info@citizensrightsproject.org.