EUSS Scheme

After the United Kingdom had left the EU falling on 31 January 2020 under the EU-UK Withdrawal
Agreement that was negotiated an extension was required. This is due to negotiate the withdrawal of
the EU properly and then on 31 December 2020 the EU free movement law in the UK had ended. The
Withdrawal Agreement had also provided an ease method to prevent the European citizens (EU, EEA
or Swiss citizens) finding themselves to reside without EU free movement law rights, nor without any
unlawful residence status on 1 January 2021. Therefore, an additional 6 months is granted, this is
known as the ‘grace period’, to allow protection to the European citizens UK resident status via the EU
Settlement Scheme.

The Pre-Settled Status was also introduced and is known to give European citizens (EU, EEA or
Swiss citizens) a temporary residence status who have not yet lived in the UK for 5 years
continuously once they apply for the EU Settlement Scheme (EUSS). Prior to the expiration of
the Pre-Settled status, a second application to the EUSS must be submitted to be issued a
Settled Status. However, in accordance with this status, the individual who has requested a
Settled Status will be required to provide evidence of their five year residence being continuous
in the UK. Failure to do so, or residing for less than the expected duration of a five year period in
the UK after 31 December 2020, will be refused.

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