EU SETTLEMENT SCHEME SETTLED STATUS FOR SWISS (OR EU/EEA) CITIZENS

The EU Settlement Scheme is open to UK resident Swiss (or EEA) citizens and their family members who began living in the UK by 31 December 2020, the end of the ‘Withdrawal Period’. This scheme allows these individuals to remain in the UK after the 'Grace Period' expired on 30 June 2021.

Eligibility for EUSS Settled Status by Swiss (or EU/EEA) Citizens

Citizens of Switzerland (or the EU/EEA) who have completed a continuous five-year period of qualifying residence in the UK will be granted indefinite leave to remain, known as Settled Status. Most Swiss (or EU/EEA) citizen applicants now eligible for Settled Status will already have been granted Pre-Settled Status. If you haven't completed a continuous qualifying period of at least five years, you will be granted Pre-Settled Status.

Joining Family Members

The EU Settlement Scheme is also available to family members joining EU, EEA, or Swiss relatives who started living in the UK by 31 December 2020, provided the relationship was formed before this date and still exists at the time of application. These family members usually need to apply for an EU Settlement Scheme Family Permit to enter the UK and then apply for Pre-Settled Status to remain. After five continuous years with Pre-Settled Status, they may apply for Settled Status.

Application Deadlines

The deadline for Swiss (or EU/EEA) nationals and their family members who were resident in the UK before 31 December 2020 to apply to the EU Settlement Scheme was 30 June 2021. Those Swiss (or EU/EEA) nationals not yet eligible for Settled Status by that date could apply for Pre-Settled Status and then for Settled Status after five continuous years of residence.

If you are a Swiss (or EU/EEA) national (or family member) who was resident in the UK before 31 December 2020 and you missed the deadline, you might still be able to apply if you have reasonable grounds for a late application. We recommend consulting a UK immigration lawyer for specialist advice on the merits of such an application.

Swiss nationals can bring a spouse or civil partner to the UK until 31 December 2025 if the relationship began between 31 December 2020 and 31 December 2025 and continues.

Family members of British citizens who lived outside the UK in an EEA country with the British citizen had until 29 March 2022 to apply to the EU Settlement Scheme. There is also provision for late applications.

If you have limited leave to enter or remain in the UK expiring after 30 June 2021, you must apply before your leave expires.

Requirements for Settled Status

To qualify for Settled Status, you must meet the following criteria:

• Swiss (or EU/EEA) Citizenship: You are a relevant Swiss (or EU/EEA) citizen.

• Family Membership: You are a family member of a relevant Swiss (or EU/EEA) citizen.

• Retention of Right: You are a family member who has retained the right of residence through a relationship with a relevant Swiss (or EU/EEA) citizen.

• Derivative Right: You have a derivative right to reside.

• Zambrano Right: You have a Zambrano right to reside.

• Residence Start: You started living in the UK by 31 December 2020 or are a joining family member who arrived after 31 December 2020 and completed a continuous qualifying period of at least five years.

The specific requirements will vary depending on your circumstances, so consulting an immigration lawyer for expert advice is recommended.

What is Settled Status?

Settled Status allows you to stay in the UK indefinitely. You can spend up to five consecutive years outside the UK (or four years if you are a Swiss citizen) without losing your status.

Demonstrating Five Years’ Continuous Residence

To demonstrate five years of continuous residence, you must show that you have lived in the UK, the Channel Islands, or the Isle of Man for at least six months in any 12-month period over five consecutive years. Exceptions include:

• A single period of up to 12 months for significant reasons such as childbirth, serious illness, study, vocational training, or overseas work posting.

• Periods of compulsory military service.

• Time spent abroad as a Crown servant or as the family member of a Crown servant.

• Time spent abroad in the armed forces or as a family member of someone in the armed forces.

The Home Office has additional concessions for absences due to COVID-19.

Who Should Apply?

• EU, EEA, and Swiss citizens living in the UK.

• Family members of EU, EEA, and Swiss citizens, including spouses, civil partners, unmarried partners, children under 21, dependent children over 21, dependent parents, grandparents, or other dependent relatives.

Other Eligible Applicants

You may also apply if you:

• Are a family member who has retained the right of residence.

• Are a family member of a British citizen who lived with the British citizen in an EEA country.

• Are a family member of a British citizen with EU, EEA, or Swiss citizenship who lived in the UK before obtaining British citizenship.

• Are the primary carer of a British, EU, EEA, or Swiss citizen.

• Are the child of an EU, EEA, or Swiss citizen who lived and worked in the UK, or the child's primary carer.

Who Does Not Need to Apply?

• Individuals with indefinite leave to enter or remain in the UK.

• Irish citizens (including those with dual British and Irish citizenship).

• Frontier Workers (who should apply for a Frontier Worker Permit instead).

Settled Status Rights

With Settled Status, you have the right to work, study, live, access the NHS, and travel in and out of the UK. Our immigration lawyers can advice on how to prove these entitlements once granted Settled Status.

Applying for EUSS Settled Status from Switzerland

You can apply for Settled Status from inside or outside the UK, including from Switzerland, if you provide the necessary evidence of entitlement.

Settled Status Application Fee in Switzerland

There is no application fee for the EU Settlement Scheme Settled Status application. You are also not required to pay the Immigration Health Charge.

EU Settlement Scheme Processing Times in Switzerland

The Home Office typically processes applications within five working days if no further information is required. However, delays are possible.

EUSS Refusals and Appeals

If your EUSS Settled Status application has been refused, you will have a right of appeal to the First-tier Tribunal (Immigration & Asylum Chamber) or administrative review. If you are granted Pre-Settled Status, but think that you qualify for Settled Status, you can also challenge the decision by administrative review.

How Our UK Immigration Lawyers in Switzerland Can Help

Through the Swiss office of our UK immigration law firm, we are delighted to offer a comprehensive range of UK immigration legal services to Swiss citizens (and non-Swiss citizens) residing in Switzerland.

Our UK immigration lawyers regularly assist Swiss, EU and EEA, citizens and their family members with relocating to and settling in the UK, including through the EU Settlement Scheme route.

We offer:

• Expert advice on requirements of the EU Settlement Scheme.

• Independent assessments of your prospects of qualifying.

• Professional assistance with preparing applications or appeals.

We are dedicated to providing clear and reliable immigration advice to individuals throughout Switzerland in a professional and friendly manner. Contact our EU Settlement Scheme Lawyers at +41 21 588 07 70 or complete our enquiry form below.