Important EU Settlement Scheme (EUSS) Updates for Swiss Citizens and Family Members

In This Article:

1. Overview of Recent Changes to the EU Settlement Scheme

2. Who Qualifies as a Family Member Under the EUSS?

3. Key Changes in Application Deadlines for Family Members

4. Exceptions to New Deadlines

5. Reasonable Grounds for Late Applications to the EU Settlement Scheme

6. Additional EUSS Updates as of October 2024

7. Key Highlights from the Explanatory Memorandum

8. Contact Our Immigration Experts

9. FAQs

10. Glossary

11. Additional Resources

1. Overview of Recent Changes to the EU Settlement Scheme

New changes to the EU Settlement Scheme (EUSS) were introduced on 8 October 2024, following updates in the 10 September Statement of Changes (HC 217). These changes primarily impact the application deadlines for family members joining EEA and Swiss citizens in the UK.

2. Who Qualifies as a Family Member Under the EUSS?

A family member can be someone applying as the dependent relative of an EEA or Swiss national who was living in the UK before 31 December 2020 (the end of the Brexit transition period). Importantly, the joining family member must have lived outside the UK before that date. Relationships must also have existed before 31 December 2020.

For example, a dependent parent of a Swiss national living in the UK before 31 December 2020 may apply to the EUSS if they’ve lived outside the UK.

(Note: While this is a simplified definition, the rules are complex. It’s important to seek legal advice based on your specific situation.)

3. Key Changes in EUSS Application Deadlines for Family Members

Before the changes on 8 October 2024, family members could apply to the EUSS within three months of their latest arrival in the UK. From 8 October, the new rule is that family members must apply within three months of their first arrival in the UK after 31 December 2020 or show reasonable grounds for a late application.

For Swiss citizens and their families who visited the UK since the end of the transition period but are now seeking to settle, this change means they need to apply within the new time frame—or justify a delay.

4. Exceptions to New EUSS Deadlines: Family Permits and Late Applications

There are two important exceptions to the new rules:

• Family Permits: If a joining family member applies for an EUSS Family Permit and enters the UK on that basis, they can then apply for pre-settled status within the validity of the Family Permit. The Home Office considers arriving on a Family Permit as reasonable grounds for late application.

• Late Applications: In some cases, the Home Office may take a lenient approach towards late applications, especially when a family member’s only delay is that they visited the UK after 31 December 2020. If the applicant has not overstayed as a visitor and is now applying to stay with their Swiss family member, they may be given reasonable grounds for a late application.

  
  

5. Reasonable Grounds for Late Applications to the EU Settlement Scheme

The Home Office is expected to show flexibility for those who visited the UK in reliance on previous rules. If a Swiss citizen or their family member visited after 31 December 2020 and is now applying to settle, they must show a change in circumstances—such as wanting to work in the UK—since their last visit. While the guidance is still evolving, it appears the key factor is whether the applicant can show that they genuinely intend to stay and have applied as soon as reasonably possible.

6. Additional EUSS Updates as of 8 October 2024

The Home Office also plans to automatically convert some individuals with pre-settled status to settled status, once eligible. This will occur without the need for a new application, following checks of continuous residence in the UK.

For now, more details on this process are still pending, but this change could simplify the situation for those who have already obtained pre-settled status under the EUSS.

7. Key Highlights from the Explanatory Memorandum

Recent updates also include provisions to simplify eligibility criteria for certain cases. For example:

• If a Swiss citizen’s family member was living in the UK before 31 December 2020 and has since turned 21, they may not need to prove dependency on their parent to apply for the EUSS.

• If a Swiss citizen’s family member has retained the right of residence after divorce or the death of their sponsor, they can apply under simpler criteria.

  
  

8. Contact Our Immigration Experts

For more information and tailored advice on your immigration situation, reach out to our team of experts. We offer specialist legal advice for Swiss nationals and their family members applying under the EU Settlement Scheme. Call us at +41 21 588 07 70 or contact us via our enquiry form.