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EU Settlement Scheme late applications: how the rules work

The deadline for most people to apply to the EU Settlement Scheme was 30 June 2021, but a later application is still possible if your deadline is later or you have reasonable grounds for the delay. The application costs nothing, and a certificate of application protects your rights while it is decided.

The EU Settlement Scheme (EUSS) gave EU, EEA and Swiss citizens who were living in the UK before the end of the Brexit transition period, and their family members, the status they need to stay. Most people had to apply by 30 June 2021. For anyone who did not, the question is whether they can still apply.

The short answer on GOV.UK is yes, in some cases. You can still apply if the deadline that applies to you is after 30 June 2021, or if you have "reasonable grounds" for why you are applying now. This guide explains what each of those means in the rules, the examples of reasonable grounds that GOV.UK gives, what evidence the Home Office asks for, who cannot or need not apply, what happens while you wait, and the recent rule changes in Appendix EU.

It draws on GOV.UK's EU Settlement Scheme page (updated 8 October 2026), Appendix EU of the Immigration Rules (updated 8 October 2026) and the explanatory memoranda to the 2026 statements of changes, all read on 10 October 2026. It explains how the rules work. It does not say whether your reasons would be accepted, which depends on your evidence and is a question for a regulated adviser.

The 30 June 2021 deadline and the later deadlines

GOV.UK says: "The deadline for most people to apply to the EU Settlement Scheme was 30 June 2021." It then lists the people who have a different deadline. The main groups are:

  • Joining family members. If you are applying for the first time as a family member of an EU, Swiss, Norwegian, Icelandic or Liechtenstein citizen who was living in the UK by 31 December 2020 and who has settled or pre-settled status, and you joined them on or after 1 April 2021, GOV.UK gives a deadline of 90 days from the last date you arrived in the UK or when your permission to be in the UK expires, whichever is later (for people who entered as a Standard Visitor, 90 days from the last arrival). Appendix EU states it as "within three months of the date on which they last legally entered the UK". Appendix EU says a late application can still succeed here too, if there are reasonable grounds for the delay. GOV.UK adds that if you arrive in the UK illegally your application will be rejected.
  • Children born or adopted in the UK on or after 1 April 2021. The deadline is 90 days from the birth or adoption.
  • Reapplicants. If you are reapplying after an unsuccessful application and did not enter with a family permit, the 90 days run from the last arrival after 31 December 2020 before the unsuccessful application.
  • People exempt from immigration control. If you are exempt, for example a diplomat or a member of NATO, you can apply at any time. If you stop being exempt you have 90 days.
  • People whose limited leave runs past 30 June 2021. If you were living in the UK by 31 December 2020 and got limited leave to enter or remain before 30 June 2021 that expires after that date, the deadline is before that leave expires.
  • Primary carers. The primary carer of a child of an EU citizen who used to live and work in the UK, where the child is in UK education and holds status, has 90 days from when they began continuous residence as the carer.
  • People with pre-settled status applying for settled status. The deadline does not apply to you. GOV.UK says it does not apply "if you already have pre-settled status and you're applying for settled status".

Outside those groups, the route for someone who missed the 2021 deadline is the "reasonable grounds" test.

What "reasonable grounds" means

Appendix EU is the source. Where the deadline in the Rules was not met, an application made on or after 1 July 2021 can still meet the requirement where "the Secretary of State is satisfied by information provided with the application that, at the date of application, there are reasonable grounds for the person's delay in making their application". For two groups the Rules themselves deem the missed deadline to be reasonable grounds: people who have held limited leave (other than as a visitor) continuously since before the deadline, with expiry after it, who can apply before that leave expires; and people who cease to be exempt from immigration control on or after 1 July 2021, who have 90 days. Outside those cases the Rules leave it to the Secretary of State being satisfied, and GOV.UK gives the examples below.

GOV.UK says: "You can still apply if you're eligible and can show reasonable grounds for why you're applying now, and not before the deadline or in the time since the deadline passed." It then says you must give evidence of your reasons, and that the evidence must both:

  • explain the reason or reasons you could not apply; and
  • cover the whole period since the deadline passed, as well as why you could not apply by the deadline.

This is why a late application is not just a matter of saying you did not know about the deadline. The explanation has to run from the original deadline to the date of application. GOV.UK gives examples of what reasonable grounds may include:

  • your parent, guardian or local authority did not apply for you when you were a child and you have only recently been made aware of the need to apply;
  • you have a serious medical condition which prevented you from applying;
  • you lack the physical or mental capacity to apply;
  • you have significant, ongoing care or support needs;
  • you have been in an abusive or controlling relationship, or experienced domestic violence;
  • you came to the UK on a work or study visa and became eligible to apply to the EU Settlement Scheme while you were here; or
  • another compelling practical or compassionate reason.

GOV.UK says that when you apply "you need to provide evidence to support each reason you give for the delay". The Home Office checks "reasonable grounds for the delay in applying (if applicable)" at the validity stage, before it considers the application itself. That means a weak explanation can end the application at an early point.

These examples are not a list of accepted reasons and not a promise of the outcome in any case. They show the kinds of circumstance the Home Office has said it may take into account.

What you also have to be eligible for

A good reason for delay does not replace eligibility. GOV.UK says that for most people the eligibility criteria are that either:

  • you are from the EU, Switzerland, Norway, Iceland or Liechtenstein and you started living in the UK by 31 December 2020; or
  • you are the family member of someone from those countries who started living in the UK by 31 December 2020 and has settled or pre-settled status.

Other eligible groups include people who used to have an EU family member but have separated or been bereaved, family members of an eligible person of Northern Ireland, the children of someone who used to live and work in the UK and are in UK education, and some primary carers.

Evidence is needed for each element. GOV.UK says you need evidence of your identity, of your continuous residence in the UK (and that it started by 31 December 2020, unless you are joining a family member), of your relationship to a family member and their eligibility or status where you rely on one, and of your reasonable grounds if you are late.

  • Identity. An EU, Swiss, Norwegian, Icelandic or Liechtenstein citizen needs a valid passport or national identity card and a digital photo. Other nationals need a valid passport, or a biometric residence card expired no more than 5 years, or a biometric residence permit expired no more than 18 months, as GOV.UK puts it. The Home Office has announced changes to the use of biometric residence permits for this purpose, which take effect on 9 December 2026 according to the explanatory memorandum to HC 584, so check the GOV.UK page for what is accepted when you apply.
  • Residence. You need to show 5 years' continuous residence for settled status; with less, you can receive pre-settled status. Continuous residence means being in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12-month period, with the exceptions GOV.UK lists.

A person who is not eligible at all cannot rely on reasonable grounds to fix that.

Who does not need to apply, and who cannot

GOV.UK lists people who do not need to apply:

  • people with indefinite leave to enter or remain in the UK;
  • people with Irish citizenship, including British and Irish dual citizens; and
  • people with a Frontier Worker permit, or eligible for one, as long as they continue living outside the UK while working here.

You can still apply if you have held indefinite leave continuously since 31 December 2020. GOV.UK explains the differences: with EU Settlement Scheme settled status you can spend up to 5 years in a row outside the UK without losing it, instead of 2 years with ordinary indefinite leave.

You cannot apply if you have British citizenship. For most people you can also no longer apply as the family member of a "qualifying British citizen" (the so-called Surinder Singh route) or as the primary carer of a British citizen (the Zambrano route), though GOV.UK says there are some cases where you still can.

If you have another immigration application pending, the Home Office considers both, and if you meet the criteria for both you can choose which is granted.

What protects you after you apply

The consequences of not having status are set out on GOV.UK in direct terms. If you have not yet applied, "your rights in the UK are not protected unless you have applied to the EU Settlement Scheme and received a certificate of application". GOV.UK says this means you cannot access benefits and services, including free NHS healthcare, work or study in the UK, or rent a property in England. That wording applies to people who have no other basis to stay, which is why people with indefinite leave or Irish citizenship are listed as not needing to apply.

Once you have applied and received a certificate of application, your rights are protected. GOV.UK says "this protection will last until you get a decision on your application or the outcome of an appeal". You can use the certificate to prove your rights, for example to work, rent, claim benefits or use NHS services, and you can view it online. A joining family member has automatic protection for 90 days from arrival, after which they need to prove they have applied.

What follows from a late application:

  • A validity check first. After you apply the Home Office checks proof of identity, biometrics, entitlement to apply from outside the UK (if relevant), legal entry for joining family members, and reasonable grounds if applicable. If the application is valid you get the certificate.
  • A decision. If successful you get a decision letter and an eVisa, a digital record of your status. The letter itself cannot be used to prove your status. Your documents are usually returned within 6 to 8 weeks.
  • Settled or pre-settled. You are not asked to choose. GOV.UK says which status you get "usually depends on how long you've been living in the UK when you apply".
  • Refusal. GOV.UK says you can appeal to an independent tribunal if your application is refused. You may have to pay for NHS healthcare you received while waiting. Our guide to the First-tier Tribunal explains the appeal process.

How to apply, and what it costs

GOV.UK says: "It's free to apply to the EU Settlement Scheme." There is no application fee and, as the IHS page confirms, no immigration health surcharge for it. Applications are made online, on any device. People who cannot use the online service, for example because they have none of the accepted identity documents or are applying as a family member of a British citizen, contact the EU Settlement Scheme team at UK Visas and Immigration (the Resolution Centre), which usually sends a paper form to post to the address on GOV.UK. You must not email the form back unless the Resolution Centre says so.

  • From outside the UK. An EU, Swiss, Norwegian, Icelandic or Liechtenstein citizen can apply from abroad with a valid biometric passport or national identity card. Others can apply from abroad with a UK-issued biometric residence card (usable for 5 years after expiry). Otherwise they apply for an EU Settlement Scheme family permit to come to the UK first.
  • Help. GOV.UK lists webchat and telephone support from UKVI inside and outside the UK. Immigration advice itself is a different matter: a person giving advice about your case has to be regulated.
  • Pre-settled status already held. Your pre-settled status will be extended before it expires and may be converted automatically; our guide to pre-settled to settled status covers that.

Those who apply for themselves and their children are told to make their own application first.

Rule changes in 2026

The explanatory memorandum to the statement of changes HC 584 (3 September 2026) sets out changes to Appendix EU. The memorandum says the changes mainly took effect on 8 October 2026, with the EU Settlement Scheme changes relating to biometric residence permits taking effect on 9 December 2026. In summary:

  • Pre-settled status can be removed in some cases. The memorandum says pre-settled status "may be removed where the holder no longer meets the eligibility requirements of the EUSS and it is proportionate to remove their PSS on that basis". It adds that people who no longer meet the requirements, for example because of a sudden change in family circumstances, but for whom removal is not proportionate, can stay in scope and "qualify for settled status in due course".
  • First-time joining family members have a deadline of three months from their latest legal entry since the end of the transition period. A person whose earlier application was rejected or refused after entering without a family permit needs reasonable grounds if applying more than three months after that entry, or has to re-enter with an EUSS family permit to trigger a new three-month deadline.
  • Children and carers. Following the Court of Appeal decision in Ayoola (28 November 2025), a child who holds pre-settled status and whose EU citizen parent formerly worked or was self-employed in the UK can keep that status until they complete their education, and the primary carer may obtain or retain it.
  • Administrative review is closed. The memorandum says the EUSS administrative review route closed to new applications in April 2024, and Appendix AR (EU) is being removed from the Rules.
  • Biometric residence permits as identity proof are being removed as an option from 9 December 2026.

Earlier statements of changes also changed Appendix EU: HC 1691 (5 March 2026) added a suitability ground for people who fraudulently helped others get status, and HC 259 (9 July 2026) clarified deadlines for family members of a qualifying British citizen.

Finding a regulated adviser

A late application turns on an account of why the person did not apply and on documents that cover many years. Whether a particular explanation or set of documents is enough is advice on a named person's case, which only an IAA-registered adviser (the Immigration Advice Authority, formerly the OISC), a solicitor or another authorised person may give. GOV.UK explains how to find an immigration adviser.

The Migratio directory lists IAA-registered advisers (with their level) and SRA-regulated solicitors, each with their regulator and registration number. Migratio is not regulated by the IAA or the SRA and does not give immigration advice. This page explains how the rules work; it does not tell you what to do in your case.

Questions people ask

Can I still apply to the EU Settlement Scheme after the 30 June 2021 deadline?

Yes, in some cases. GOV.UK says you can still apply if the deadline for your circumstances is after 30 June 2021, or if you are eligible and can show reasonable grounds for why you are applying now and did not apply before. The application is free.

What counts as reasonable grounds for a late EUSS application?

GOV.UK gives examples including a parent or guardian not applying for you as a child, a serious medical condition, lack of capacity, ongoing care needs, an abusive or controlling relationship, arriving on a work or study visa and becoming eligible while here, or another compelling practical or compassionate reason. Evidence is needed for each reason given.

Can I work or rent while a late application is decided?

GOV.UK says that once you have applied and received a certificate of application your rights are protected until you get a decision or the outcome of an appeal, and the certificate can be used to prove your right to work, rent, claim benefits or use NHS services. Without one you may not be protected.

How much does a late EU Settlement Scheme application cost?

Nothing. GOV.UK says it is free to apply to the scheme, and the healthcare surcharge page lists applications to the EU Settlement Scheme among those who do not pay it. Optional adviser fees are separate and set by the adviser.

What if my EUSS application is refused?

GOV.UK says you can make an appeal to an independent tribunal if your application is refused. The administrative review route for EUSS closed to new applications in April 2024, according to the explanatory memorandum to HC 584.

Do I need to apply if I have indefinite leave to remain?

GOV.UK says people with indefinite leave to enter or remain do not need settled or pre-settled status to continue living in the UK, though you can choose to apply if you have held it continuously since 31 December 2020.

Sources

Last checked 2026-10-10.

Related guides

  • Pre-settled to settled status: what happens and when — Pre-settled status is 5 years of limited leave. GOV.UK says it is usually extended by 5 years before it expires and may be converted to settled status automatically, or you can apply once you have 5 years of continuous residence. There is no application fee.
  • Is my UK-born child British? Form MN1 explained — A child born in the UK is automatically British if, at the birth, a parent is a British citizen or settled in the UK. Otherwise the child may be entitled to register on Form MN1 for £1,000 once a parent becomes settled or British.
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