Important Updates
Important Updates
December 8, 2025 | CanadaCanada: New Express Entry Category and Immigration Measures for Foreign Doctors Announced
December 9, 2025 | United KingdomUnited Kingdom: Naura Moved to Visa National List
December 9, 2025 | United StatesUnited States: CBP Plans Changes to the ESTA Application Process, Including Social Media Review
December 9, 2025 | United StatesUnited States: December 2025 DOL PERM and PWD Processing Times
December 8, 2025 | AustraliaAustralia: New Mobile App for Biometrics Collection for Certain Eligible Visa Applicants
December 8, 2025 | CanadaCanada: New Express Entry Category and Immigration Measures for Foreign Doctors Announced
December 9, 2025 | United KingdomUnited Kingdom: Naura Moved to Visa National List
December 9, 2025 | United StatesUnited States: CBP Plans Changes to the ESTA Application Process, Including Social Media Review
December 9, 2025 | United StatesUnited States: December 2025 DOL PERM and PWD Processing Times
December 8, 2025 | AustraliaAustralia: New Mobile App for Biometrics Collection for Certain Eligible Visa Applicants
December 8, 2025 | CanadaCanada: New Express Entry Category and Immigration Measures for Foreign Doctors Announced
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

EU Settlement Scheme – Overseas Beneficiaries

July 22, 2019

Countries / Territories

  • 🌐

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

The Home Office announced on 18 July that over 900,000 people have applied to the EU Settlement Scheme. But that is still less than a quarter of the estimated 3.7 million EU citizens living in the UK. 

With no-deal Brexit legally mandated in absence of further legislation and Brexit being just over three months away, it is advisable for EU citizens in the UK and their family members to apply under the scheme.

The EU Settlement Scheme has been rolled out to help regularise the UK immigration status of EU nationals and their family members post-Brexit. It gives effect to the settlement on Citizens’ rights in the Withdrawal Agreement and allows EU nationals and relevant family members who have completed a qualifying period of residence in the UK (usually 5 years) to now obtain settled status (permanent residence) provided they have not subsequently been absent from the UK for a continuous period of more than 5 years.

But as the EUSS is currently designed, individuals must make an application in order to benefit from it.  Moreover, the scheme is time-limited. If eligible individuals do not make an application, they will not (as matters stand) benefit from the scheme. This potentially means they could be refused entry to or asked to leave, the UK in the future.

The window of opportunity for an application will not remain open for long.  It is planned that if there is a ‘no deal’ Brexit, the scheme would remain open to applications until 31 December 2020, and up until 30 June 2021 if the UK leaves with a deal.

But the class of potential beneficiaries of the scheme is more extensive than is generally recognised.  EU / EEC nationals have been able to move more or less freely to the UK since 1973. There has therefore now been a continuous period of more than 46 years during which families may have moved back and forth. The number of potential beneficiaries is therefore very large. For example, a French national who resided in the UK for a continuous 5-year period starting in 1983, emigrated in 1988, and who has had only occasional day trips back to the UK since that time, would now qualify for settled status, provided there is no single absence in excess of 5 years since they emigrated. The same would apply to those who were residing with them in the UK as their family members, at the relevant time.  These beneficiaries may now be living anywhere in the world.

It is difficult to know how many beneficiaries are now living outside the UK. But net emigration of EU citizens from the UK over the last 10 years alone has varied between 80,000 and 140,000 per year.  Given this, it is reasonable to expect that emigration occurred in the hundreds of thousands or more likely millions. It is also likely that a significant percentage, if not a large majority, of these people, are unaware either that they can apply under the scheme, or that the opportunity to apply is time-limited.

What will happen if an eligible individual fails to apply in time? In the case of overseas beneficiaries, this may only become of concern once they form the intention to return to the UK. The Withdrawal Agreement does permit under Article 18 the UK both to require an application from the individuals concerned and to impose a time limit for doing so, so these features of the scheme are in principle lawful, however, Article 18(d) provides that late registration must be permitted ‘… if there are reasonable grounds for the failure to respect the deadline…’.  If the agreement on Citizens’ rights is incorporated into UK law in the future, this clause is likely to form the subject of litigation.

You can get Brexit updates on the Fragomen microsite here and access the EU Settlement Scheme here or you can contact me directly at [email protected] to learn more about options for regularising your immigration status in the UK and securing your future right to return.

 

Countries / Territories

  • 🌐

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Brussels (Benelux)
  • Frankfurt
  • London
  • Sheffield

Related content

  • Fragomen Consulting Europe

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Media mentions

Times of India: US to Scan Social Media of All H-1B, H-4 Visa Applicants from December 15

Senior Counsel Mitch Wexler notes that the US expansion of social-media screening to H-1B and H-4 visa applicants will involve a more detailed review of their online activity.

Learn more

Media mentions

Forbes: Unprepared Companies At Risk In H-1B Visa Immigration Crackdown

Partner Edward Raleigh highlights the need for companies to prepare for increased H-1B enforcement and ensure compliance with US worker requirements.

Learn more

Video

United States: 2025 Holiday Travel Guidelines for Foreign Nationals | #MobilityMinute

In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.

Learn more

Media mentions

Bloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power

Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.

Learn more

Media mentions

Leading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?

UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.

Learn more

Podcast

Canada's Healthcare Staffing Solution

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.

Learn more

Awards

Fragomen Named Private Client Team of the Year at The British Legal Awards 2025

Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.

Learn more

Media mentions

Global Mobility Lawyer: Rising Immigration Fraud Creates New Compliance Challenges for US Firms

Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.

Learn more

Media mentions

The Caterer: Casual Staff to Come Under New Right to Work Check Legislation

Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.

Learn more

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Media mentions

Times of India: US to Scan Social Media of All H-1B, H-4 Visa Applicants from December 15

Senior Counsel Mitch Wexler notes that the US expansion of social-media screening to H-1B and H-4 visa applicants will involve a more detailed review of their online activity.

Learn more

Media mentions

Forbes: Unprepared Companies At Risk In H-1B Visa Immigration Crackdown

Partner Edward Raleigh highlights the need for companies to prepare for increased H-1B enforcement and ensure compliance with US worker requirements.

Learn more

Video

United States: 2025 Holiday Travel Guidelines for Foreign Nationals | #MobilityMinute

In this Mobility Minute, Associate Rebeca Lafond outlines key considerations for international travel to the United States during the holiday season, including documentation requirements, visa processing expectations and enhanced screening on entry.

Learn more

Media mentions

Bloomberg Law: Labor Department Expands H-1B Oversight, Tests Enforcement Power

Partner K. Edward Raleigh explains that the Department of Labor’s Project Firewall expands H-1B oversight beyond individual complaints and increases the scope of employer compliance reviews.

Learn more

Media mentions

Leading Britain's Conversation: Is Settlement Reform Rewarding Contribution or Rewriting the Rules of Fairness and Trust?

UK Government Affairs Strategy Director Shuyeb Muquit examines how proposed settlement reforms could reshape the path to UK residency by extending qualifying periods and linking eligibility to individual contribution.

Learn more

Podcast

Canada's Healthcare Staffing Solution

Partner Cosmina Morariu and Business Immigration Manager Ayana Ibrahimi discuss critical immigration strategies underpinning healthcare-sector staffing in Canada, unpacking how recent policy, mobility and compliance developments are affecting employers and global talent pipelines.

Learn more

Awards

Fragomen Named Private Client Team of the Year at The British Legal Awards 2025

Fragomen named Private Client Team of the Year at The British Legal Awards 2025, recognising the strength of our UK Private Client practice.

Learn more

Media mentions

Global Mobility Lawyer: Rising Immigration Fraud Creates New Compliance Challenges for US Firms

Partner Daniel Brown highlights rising deceptive practices in immigration and emphasizes stronger verification and compliance measures for employers.

Learn more

Media mentions

The Caterer: Casual Staff to Come Under New Right to Work Check Legislation

Senior Manager Louise Senior highlights how proposed UK reforms could expand right to work checks across hospitality and reshape compliance for businesses.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.