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

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

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

Citizens of Switzerland (or the EU/EEA) who have not completed a continuous five-year period of qualifying residence in the UK will be granted a five-year limited leave, known as Pre-Settled Status. After completing a five-year qualifying residence, they can apply for Settled Status.

Joining Family Members

Family members of Swiss (ie EU/EEA) citizens who started living in the UK by 31 December 2020 and formed a relationship before this date are also eligible. They must first apply for an EU Settlement Scheme Family Permit to enter the UK, followed by an application for Pre-Settled Status to stay.

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 eligible for Settled Status by that date could apply for Pre-Settled Status, and later apply for Settled Status after completing five years of residence.

If you missed the deadline, you might still be able to apply if there are reasonable grounds for a late application. Specific guidance is available for these situations.

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.

Unless you are a visitor applying as a joining family member, if you have limited leave to enter or remain in the UK expiring after 30 June 2021, you must apply before your leave expires. Visitors applying as joining family members must apply within three months of entry, subject to reasonable grounds for any delay.

Requirements for Pre-Settled Status

To qualify for Pre-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.

• Residence: You are not eligible for Settled Status because you haven't completed a continuous five-year period of residence.

For joining family members, you must meet these criteria:

• You are the joining family member of a relevant sponsor.

• You have retained the right of residence through a relationship with a relevant sponsor.

• You are not eligible for Settled Status because you haven't completed a continuous five-year period of residence.

Consideration should also be given to whether an application for an EU Settlement Scheme Family Permit should first be made if the joining family member resides abroad.

The specific requirements may vary depending on your circumstances. Consulting a UK immigration lawyer for expert advice is recommended.

What is Pre-Settled Status?

Pre-Settled Status is granted to applicants who cannot demonstrate five years of continuous residence in the UK. You must have started living in the UK by 31 December 2020, or be a joining family member of an EU, EEA, or Swiss citizen who was residing in the UK by this date.

Pre-Settled Status allows you to stay in the UK for five years from the date it is granted. You can spend up to two years outside the UK without losing your status, but you must maintain ‘continuous residence’ to qualify for Settled Status. Once you can demonstrate five years of continuous residence, you can apply for Settled Status. This application must be submitted before your Pre-Settled Status expires.

Who Should Apply?

You should apply to the EU Settlement Scheme if you are:

• A Swiss, EU or EEA, citizen living in the UK.

• Family members of EU, EEA, or Swiss citizens, including spouses, civil partners, unmarried partners, children, grandchildren, great-grandchildren under 21, dependent children over 21, dependent parents, grandparents, great-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.

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

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

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

• 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).

Pre-Settled Status Rights

With Pre-Settled Status, you have the right to work, study, live, and travel in and out of the UK.

Applying for EUSS Pre-Settled Status from Switzerland

You can apply for Pre-Settled Status from inside or outside the UK, including from Switzerland, provided you meet the necessary criteria and consider the deadlines and requirements for late applications. Non-EEA nationals need to meet additional requirements to be eligible to apply from outside the UK.

Pre-Settled Status Application Fee in Switzerland

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

EU Settlement Scheme Processing Times in Switzerland

The Home Office states that it typically takes about five working days to process an application if no further information is required, but it can take up to a month. Due to well-publicized delays, processing times can be longer.

EUSS Refusals and Appeals

If your application is refused, you have the right to appeal to the First-tier Tribunal (Immigration & Asylum Chamber) or request an 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 immigration lawyers regularly assist Swiss, EU and EEA, citizens and their family members with the EU Settlement Scheme. We provide expert advice on the requirements, an independent assessment of your prospects, and professional assistance with preparing an application or appeal.

We pride ourselves on being approachable and proactive, offering clear and reliable immigration advice as part of a professional and friendly service.

To discuss your EU Settlement Scheme Pre-Settled Status application with one of our UK immigration lawyers in Switzerland, contact our EU Settlement Scheme lawyers on +41 21 588 07 70 or complete our enquiry form below.