Important Updates
Important Updates
September 12, 2025 | United StatesUnited States: October 2025 Visa Bulletin – Moderate Movement in Final Action Dates Across Most Employment-Based Categories for the Start of the Fiscal Year
September 12, 2025 | IndiaIndia: “Fast Track” Trusted Traveler Program Implemented
September 12, 2025 | Netherlands, Germany, United StatesLabor Law Magazine: Travel Under Trump
September 12, 2025 | MauritiusMauritius: New Conditions for Occupation Permit, Young Professional Permit and Permanent Residency Applications
September 12, 2025 | United KingdomThe Caterer: Hospitality Employers See Visa Licences Revoked in Government Crackdown
September 12, 2025 | United StatesUnited States: October 2025 Visa Bulletin – Moderate Movement in Final Action Dates Across Most Employment-Based Categories for the Start of the Fiscal Year
September 12, 2025 | IndiaIndia: “Fast Track” Trusted Traveler Program Implemented
September 12, 2025 | Netherlands, Germany, United StatesLabor Law Magazine: Travel Under Trump
September 12, 2025 | MauritiusMauritius: New Conditions for Occupation Permit, Young Professional Permit and Permanent Residency Applications
September 12, 2025 | United KingdomThe Caterer: Hospitality Employers See Visa Licences Revoked in Government Crackdown
September 12, 2025 | United StatesUnited States: October 2025 Visa Bulletin – Moderate Movement in Final Action Dates Across Most Employment-Based Categories for the Start of the Fiscal Year
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 AdministrationTravel & Mobility Considerations: Situation in the Middle EastImmigration Matters: Your U.S. Compliance RoadmapHumanitarian and Evolving Legal Pathways (HELP)Vietnamese 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
  • Travel & Mobility Considerations: Situation in the Middle East
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Humanitarian and Evolving Legal Pathways (HELP)
  • 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

Media mentions

Labor Law Magazine: Travel Under Trump

Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Learn more

Media mentions

The Caterer: Hospitality Employers See Visa Licences Revoked in Government Crackdown

Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Learn more

Fragomen news

Fragomen Brings Its Short-Term Business Travel Solution, Nomadic, to the Nordics

Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Learn more

Blog post

Costa Rica Investment Residency Explained: Requirements and Options

Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Learn more

Media mentions

Gulf Business: Why Immigration Due Diligence is as Critical as Financial Scrutiny in the GCC

Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Learn more

Fragomen news

Fragomen Welcomes Partner Karolina Schiffter to Poland Practice, Adds to Poland Presence with New Offices in Wrocław and Gdańsk

Fragomen announces the opening of new offices in Wrocław and Gdańsk, welcoming Partner Karolina Schiffter to its Poland practice.

Learn more

Blog post

How to Get Luxembourg Citizenship: Requirements, Benefits & Application Process

This blog post by Manager Virginie Todesco and Immigration Consultant Chiara Caredda, available in English and Portuguese, outlines the requirements, benefits and application process for obtaining Luxembourg citizenship.

Learn more

Awards

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan Named 2025 FEM APAC EMMAs Winners

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.

Learn more

Awards

Partner Archana Iyer Wins "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards

Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.

Learn more

Media mentions

Times of India: A War on Fraud: USCIS to Train Special Armed Agents with Powers to Arrest Applicants and Lawyers

Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.

Learn more

Blog post

Red Carpet or Red Tape? Indonesia’s Immigration Strategy After the Election

Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Learn more

Fragomen news

2025年8月 アメリカ移民法ダイジェストLearn more

Media mentions

Labor Law Magazine: Travel Under Trump

Senior Associate Oliver L. Ashworth and Director David Iannella discuss recent US immigration and visa changes and what German businesses and travelers should know.

Learn more

Media mentions

The Caterer: Hospitality Employers See Visa Licences Revoked in Government Crackdown

Senior Manager Louise Senior highlights how UK hospitality employers face heightened risk as visa sponsors and why it is important for them to understand their responsibilities to avoid penalties.

Learn more

Fragomen news

Fragomen Brings Its Short-Term Business Travel Solution, Nomadic, to the Nordics

Fragomen announces the expansion of Nomadic to the Nordics, providing end-to-end support for short-term business travel and cross-border compliance.

Learn more

Blog post

Costa Rica Investment Residency Explained: Requirements and Options

Immigration Supervisor Michael Salas Guzman discusses Costa Rica investment residency options and requirements for foreign investors, retirees and rentiers.

Learn more

Media mentions

Gulf Business: Why Immigration Due Diligence is as Critical as Financial Scrutiny in the GCC

Managing Partner for the Middle East and Africa Murtaza Khan discusses why immigration due diligence is important in GCC mergers.

Learn more

Fragomen news

Fragomen Welcomes Partner Karolina Schiffter to Poland Practice, Adds to Poland Presence with New Offices in Wrocław and Gdańsk

Fragomen announces the opening of new offices in Wrocław and Gdańsk, welcoming Partner Karolina Schiffter to its Poland practice.

Learn more

Blog post

How to Get Luxembourg Citizenship: Requirements, Benefits & Application Process

This blog post by Manager Virginie Todesco and Immigration Consultant Chiara Caredda, available in English and Portuguese, outlines the requirements, benefits and application process for obtaining Luxembourg citizenship.

Learn more

Awards

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan Named 2025 FEM APAC EMMAs Winners

Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.

Learn more

Awards

Partner Archana Iyer Wins "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards

Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.

Learn more

Media mentions

Times of India: A War on Fraud: USCIS to Train Special Armed Agents with Powers to Arrest Applicants and Lawyers

Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.

Learn more

Blog post

Red Carpet or Red Tape? Indonesia’s Immigration Strategy After the Election

Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Learn more

Fragomen news

2025年8月 アメリカ移民法ダイジェスト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.