The EU Settlement Scheme was introduced by the UK government following Brexit to protect the rights of EU, EEA, and Swiss citizens living in the United Kingdom. The scheme ensures that those who made the UK their home before the end of the Brexit transition period can continue living, working, and studying without disruption.

For many individuals and families, the scheme has become an essential step in maintaining stability, accessing benefits, and securing long-term residency in the UK. It also serves as a bridge for those who wish to apply for British citizenship in the future.

At Axis Solicitors, we have helped hundreds of applicants navigate the EU Settlement Scheme successfully — from understanding eligibility criteria to submitting error-free applications. Whether you are applying for the first time, switching from pre-settled to settled status, or facing complications in your case, our experienced immigration solicitors provide expert guidance at every stage.

Understanding the EU Settlement Scheme

The EU Settlement Scheme was established by the UK Home Office to ensure that EU, EEA, and Swiss citizens who had been residing in the UK before 31 December 2020 could continue to live, work, and study legally after Brexit. It is a legal pathway that secures the immigration status of those who have built their lives in the UK, offering peace of mind and protection of their rights.

Purpose of the Scheme

After the UK’s withdrawal from the European Union, the government sought to protect the rights of individuals already living in the country under the freedom of movement laws. The EU Settlement Scheme ensures that such residents can remain in the UK indefinitely if they meet certain eligibility criteria.

Through the scheme, successful applicants receive either:

• Settled Status, or
• Pre-Settled Status, depending on how long they have lived in the UK.

These statuses are designed to replace the automatic rights previously granted under EU membership, offering a clear, lawful framework for continued residence.

Who Administers the Scheme

The scheme is managed by the Home Office, which processes applications and determines eligibility. Decisions are made based on the applicant’s residence history, identity verification, and any relevant criminal convictions.

It’s important to note that the EU Settlement Scheme is not an optional process. All eligible individuals who wish to remain in the UK long-term are required to apply, regardless of their existing EU citizenship or family ties. For those navigating this process, seeking guidance from a UK Immigration Lawyer can provide crucial support.

Why It Matters

Securing your status under the EU Settlement Scheme protects your ability to:

• Live and work in the UK without restrictions
• Access healthcare, education, and public services
• Apply for benefits and pensions if eligible
• Travel in and out of the UK freely
• Eventually apply for British citizenship, if desired

Failure to apply could result in the loss of lawful status, which may impact employment, housing, healthcare access, and even the ability to re-enter the country.

At Axis Solicitors, we emphasise the importance of timely and accurate applications to ensure your rights remain intact. Our immigration specialists assist clients through each stage — from gathering the right evidence to addressing complex or rejected applications.

Types of Status Under the EU Settlement Scheme

When you apply to the EU Settlement Scheme, you can be granted either settled status or pre-settled status, depending on how long you have lived in the United Kingdom. Each status comes with its own rights, benefits, and responsibilities. Understanding the difference between them is crucial for maintaining your lawful immigration position and ensuring access to the services and entitlements you rely on.

Settled Status

Settled status is the immigration status granted to EU, EEA, and Swiss citizens who have lived continuously in the UK for five years or more. This status gives you the right to remain in the UK indefinitely and is equivalent to indefinite leave to remain (ILR) under UK immigration law.

With settled status, you can:

• Live, work, and study in the UK without restriction
• Access the NHS and public funds, such as benefits and pensions, if eligible
• Travel in and out of the UK freely
• Sponsor eligible family members to join you in the UK
• Apply for British citizenship (subject to meeting further requirements)

You can spend up to five years in a row outside the UK without losing settled status (or four years if you are a Swiss citizen).

Pre-Settled Status

If you have lived in the UK for less than five years, you will normally receive pre-settled status. This allows you to stay for a further five years, during which you can continue building your continuous residence to become eligible for settled status.

With pre-settled status, you can:

• Live and work in the UK
• Access healthcare and education
• Travel in and out of the country
• Apply for benefits and services (if eligible under UK law)

Before your pre-settled status expires, you must apply again under the EU Settlement Scheme to convert it into settled status once you meet the five-year residence threshold.

Upgrading from Pre-Settled to Settled Status

The process of upgrading from pre-settled to settled status is straightforward, but you must ensure you meet the continuous residence requirement. The Home Office will automatically verify your residence using HMRC and DWP records, but it’s recommended to keep personal evidence (such as payslips or tenancy agreements) on hand in case additional proof is required.

At Axis Solicitors, our immigration experts help clients plan their transition from pre-settled to settled status efficiently, ensuring there are no gaps in residence that could lead to complications.

How to Apply for the EU Settlement Scheme

Applying to the EU Settlement Scheme may seem straightforward, but understanding each stage in detail ensures your application is accurate, timely, and supported by proper documentation. While the Home Office offers an online system for convenience, even small errors or missing evidence can lead to delays or refusals. At Axis Solicitors, we provide expert assistance to help applicants submit a complete and compliant application the first time.

1. Application Deadlines

The main deadline for most applicants to apply under the EU Settlement Scheme was 30 June 2021.
However, you may still be able to apply if:

• You have reasonable grounds for missing the deadline, such as illness, domestic abuse, or lack of awareness due to vulnerability.
• You are joining a family member who already has a settled or pre-settled status.
• You have retained rights as a family member (for example, if your marriage or civil partnership has ended).

Each late application is assessed individually by the Home Office. It is therefore critical to provide clear evidence explaining why your application is being made after the deadline.

At Axis Solicitors, we frequently assist applicants in preparing late submissions with detailed supporting statements to ensure their cases are properly understood by the authorities.

2. Application Process Overview

The application process for the EU Settlement Scheme involves several steps, most of which are completed online. You will need to:

1. Verify your identity using your passport, national ID card, or biometric residence card.
2. Prove your residence in the UK before 31 December 2020.
3. Disclose any criminal convictions (if applicable).
4. Submit your application through the official government website or mobile application.

Most applicants will not need to attend a visa application centre or send physical documents unless specifically requested by the Home Office.

3. Using the ‘EU Exit: ID Document Check’ App

The UK government has developed an app called EU Exit: ID Document Check, available on both Android and iOS, which enables applicants to scan their passport or ID card and upload a digital photo.

This step is essential for verifying your identity quickly and avoiding delays in your application. Once your identity is verified, you will receive a unique application reference number, which can be used to track progress.

4. Submitting Proof of Residence

The Home Office uses automated checks based on your National Insurance number to confirm your residence in the UK. However, if the automatic checks fail to verify your entire period of residence, you will be asked to provide supporting evidence.

Common documents include:

• Bank statements showing regular transactions
• Utility bills, council tax, or tenancy agreements
• Payslips or employment contracts
• School or university letters confirming attendance
• NHS appointment letters or GP registration

The evidence must cover the required periods consistently. Gaps or missing records can cause your application to be refused or delayed.

Axis Solicitors helps clients compile and organise their evidence strategically, ensuring that the documentation satisfies Home Office requirements and reflects their genuine residence.

5. Declaring Criminal Convictions

The Home Office requires disclosure of any criminal convictions, including those outside the UK.
Minor offences, such as fixed penalty notices or parking fines, generally do not affect your application.
However, serious or repeated offences may lead to further scrutiny or refusal on the grounds of public policy.

Applicants should always be honest and transparent in their disclosures. Concealing information may have more serious consequences than the offence itself. Axis Solicitors’ immigration lawyers can help you assess whether a conviction may impact your eligibility and guide you in presenting mitigating evidence.

6. Receiving the Decision

Once you have submitted your application, the Home Office will review the evidence and make a decision. Most applicants receive a decision within a few weeks, though complex cases may take longer.

You will be informed by email once your status is granted. The decision notice will include a link to access your digital proof of status.
If your application is refused or only partially approved (for example, granted pre-settled instead of settled status), you have the right to request an administrative review or appeal in some circumstances.

Axis Solicitors has extensive experience representing clients in reviews and appeals, ensuring their rights are protected throughout the process.

7. Common Mistakes to Avoid

Applicants often encounter avoidable issues when applying to the EU Settlement Scheme. The most common include:

• Failing to provide sufficient residence evidence
• Missing the application deadline
• Uploading unclear or mismatched documents
• Incomplete declaration of criminal history
• Using outdated identity documents

Avoiding these errors is crucial to preventing rejection or unnecessary delays. Our immigration specialists at Axis Solicitors review every aspect of your application for accuracy and completeness before submission.

Supporting Documents for the EU Settlement Scheme Application

One of the most important factors in a successful EU Settlement Scheme application is submitting the correct supporting documents. The Home Office places significant emphasis on the accuracy, authenticity, and consistency of the evidence provided. Submitting weak or incomplete documentation can result in unnecessary delays or, worse, refusal of your application.

At Axis Solicitors, we guide applicants through every step of the document preparation process, ensuring that every piece of evidence fully meets Home Office expectations.

Identity Documents

All applicants must provide valid proof of identity to verify their nationality and personal details. Acceptable documents include:

• A valid passport (for EU, EEA, or Swiss citizens)
• A national identity card (if it includes a biometric chip)
• A biometric residence card or biometric residence permit (for non-EU family members)

Your identity document must be current and in good condition. If it is expired, you should renew it before applying. You may also be required to attend an identity verification appointment if your document cannot be scanned through the app.

Axis Solicitors helps clients navigate this stage efficiently, ensuring that the biometric and ID verification process runs smoothly.

Evidence of Residence in the UK

Proving your residence is often the most detailed part of an EU Settlement Scheme application.
The evidence you submit should clearly show that you were living in the UK before 31 December 2020 and, if relevant, that you have maintained continuous residence since then.

Acceptable documents include:

• Official letters from employers, schools, or government departments
• Bank statements showing transactions within the UK
• Utility bills or council tax statements
• Tenancy agreements or mortgage statements
• P60s or payslips that demonstrate employment history

It’s important to ensure that your evidence spans the necessary period without large gaps. The Home Office prefers official documents that include your full name, address, and dates of issue.

Relationship Evidence for Family Members

For family members applying under the EU Settlement Scheme, additional documents must be provided to prove the relationship with the qualifying EU, EEA, or Swiss citizen. Depending on the relationship type, evidence may include:

• Marriage or civil partnership certificate
• Birth certificate for children or dependent parents
• Proof of dependency, such as financial transfers or care arrangements
• Proof of cohabitation for unmarried partners

If any documents are not in English, a certified translation must be provided. Axis Solicitors frequently assists applicants in preparing these supporting documents correctly, particularly in complex family situations where multiple relationships are involved.

Criminal Record Checks

If you have lived in other countries in the past ten years, the Home Office may request additional information or criminal record certificates.
Applicants with criminal convictions should provide clear and honest details, including sentencing dates, type of offence, and court information. Supporting evidence such as character references, rehabilitation certificates, or employment records can strengthen your case.

Our solicitors at Axis Solicitors help clients present these documents appropriately, ensuring their applications demonstrate rehabilitation and lawful behaviour.

Digital Evidence and Uploading Documents

All supporting documents can be uploaded digitally through the Home Office online portal or via email if requested.
Each document must be clear, legible, and in one of the accepted formats (usually PDF or JPEG). Blurred or incomplete images can lead to processing delays.

When managing digital applications, we recommend:

• Scanning documents at high resolution
• Labeling files clearly (e.g., “Passport – Front Page” or “Tenancy Agreement – January 2020”)
• Keeping backup copies of all files submitted

Axis Solicitors assists clients in compiling and formatting digital evidence correctly to prevent technical rejections.

Additional Supporting Documents for Special Circumstances

Certain applicants may need to provide extra documents depending on their personal situation, including:

• Students: Confirmation letters from universities or schools
• Self-employed individuals: HMRC tax records or invoices
• Retired persons: Pension statements and proof of residence
• Dependent relatives: Medical reports or letters proving dependency
• Victims of abuse or vulnerable individuals: Official reports or letters explaining exceptional circumstances

Such cases require careful documentation to ensure the Home Office recognises the applicant’s eligibility under the EU Settlement Scheme.
Axis Solicitors has extensive experience assisting applicants in unique or sensitive situations, ensuring they receive fair consideration from immigration authorities.

Best Practices for Document Preparation

When preparing your documents:

• Always use official documents over informal proof, such as personal letters or emails.
• Ensure all names, dates, and addresses are consistent across documents.
• Avoid submitting unnecessary or repetitive evidence — quality matters more than quantity.
• Double-check expiration dates and ensure translations are properly certified.

At Axis Solicitors, we meticulously review each document before submission, ensuring every detail aligns with Home Office requirements. This level of preparation greatly increases your chances of approval under the EU Settlement Scheme.

Common Reasons for Refusal under the EU Settlement Scheme

Despite its user-friendly design, many applicants face challenges that lead to refusals or requests for additional information from the Home Office. Understanding the common reasons for rejection helps applicants avoid costly mistakes and delays. At Axis Solicitors, we regularly assist individuals whose EU Settlement Scheme applications have been refused, helping them identify errors and successfully reapply or appeal.

1. Insufficient Evidence of Residence

One of the most common reasons for refusal is a lack of adequate proof of residence in the UK before 31 December 2020.
The Home Office requires clear and consistent documentation showing that the applicant was living in the country before the Brexit cut-off date.

Common issues include:

• Gaps in residence evidence
• Submitting documents that do not show dates clearly
• Using documents that do not include the applicant’s full name or address
• Relying solely on informal proof, such as personal letters or emails

How Axis Solicitors Helps:
Our immigration experts carefully review clients’ residence evidence and identify missing gaps before submission. Where documentation is incomplete, we help gather alternative forms of proof or explain the situation in a legal representation letter to the Home Office.

2. Missed Deadlines

Many applicants missed the 30 June 2021 deadline, particularly those unaware of their need to apply, such as elderly residents, children, or vulnerable individuals.

While the Home Office now accepts late applications under reasonable grounds, the applicant must explain their delay in writing and support it with relevant evidence (e.g., medical certificates, social services letters, or proof of dependency).

How Axis Solicitors Helps:
We specialise in preparing late applications with detailed legal justifications, ensuring the Home Office understands the reasons behind the delay and treats the case fairly under its discretionary powers.

3. Criminal Convictions or Security Concerns

Applicants with serious or repeated criminal convictions may face refusal if the Home Office believes their presence in the UK is not conducive to the public good.
Even minor offences can raise concerns if they have not been disclosed properly.

How Axis Solicitors Helps:
We assess each client’s criminal history, identify potential issues, and prepare detailed legal representations to mitigate the impact. Our solicitors also assist in gathering rehabilitation evidence and personal references to strengthen the case.

4. Incomplete or Incorrect Applications

Errors made during the online process are another frequent cause of refusals. Common mistakes include:

• Uploading incorrect or expired documents
• Entering inaccurate personal details
• Failing to complete all required sections
• Misunderstanding eligibility requirements

Even small mistakes, such as mismatched document numbers or spelling errors, can delay processing or lead to rejection.

How Axis Solicitors Helps:
We complete applications on behalf of clients to ensure accuracy. Every form is reviewed by qualified immigration solicitors, reducing the risk of errors that could result in refusal.

5. Failure to Prove a Genuine Relationship

Family members of EU, EEA, or Swiss citizens must demonstrate a genuine and subsisting relationship. Applications can be refused if the Home Office suspects a marriage of convenience or if evidence of cohabitation is insufficient.

How Axis Solicitors Helps:
We assist clients in gathering robust evidence of relationships, including joint financial records, tenancy agreements, and communication records, to demonstrate authenticity and meet Home Office standards.

6. Lack of Continuous Residence

For settled status applications, the applicant must show five years of continuous residence in the UK.
Refusals may occur if there are long absences exceeding six months in any 12 months, unless for an accepted reason such as study, illness, or family emergency.

How Axis Solicitors Helps:
We review travel histories and advise on whether absences may affect eligibility. Where possible, we prepare legal submissions explaining exceptional circumstances to preserve continuity.

7. Technical or Digital Issues

As the EU Settlement Scheme is largely digital, some applicants face technical difficulties using the Home Office portal or the EU Exit: ID Document Check app.
Inconsistent uploads, system errors, or poor-quality images can cause application delays or invalid submissions.

How Axis Solicitors Helps:
We provide hands-on support with digital submissions, ensuring that all files are formatted, uploaded, and verified correctly. Our team also follows up with the Home Office in case of system-related complications.

8. Failing to Respond to Home Office Requests

If the Home Office contacts an applicant for more information and they fail to respond within the given timeframe, the application may be automatically refused.

How Axis Solicitors Helps:
We manage communications with the Home Office on behalf of clients, ensuring all correspondence is handled promptly and appropriately.

9. Incorrect Application Type

Some individuals apply under the wrong category — for instance, as a family member when they should apply as a direct applicant, or vice versa. Such misapplications can lead to outright refusal.

How Axis Solicitors Helps:
Our solicitors assess each applicant’s personal situation before recommending the correct application route. We also handle reapplications for those who may have previously applied under an incorrect category.

10. No Reasonable Grounds for Late Application

If you submit your application after the deadline without a valid explanation, it will likely be rejected. The Home Office is strict about enforcing deadlines unless strong evidence supports your case.

How Axis Solicitors Helps:
We help applicants demonstrate reasonable grounds, drafting compelling legal statements supported by evidence such as medical conditions, disability, or other exceptional factors.

By working with Axis Solicitors, applicants can significantly reduce the risk of refusal. Our immigration specialists review every detail of your EU Settlement Scheme application, provide professional legal representation, and handle communications with the Home Office to secure a favourable outcome.

Appealing a Refused EU Settlement Scheme Application

A refusal under the EU Settlement Scheme does not necessarily mean the end of your right to remain in the UK. The Home Office’s decision can often be challenged or corrected through a formal appeal, administrative review, or reapplication. Understanding your legal options is essential to safeguarding your immigration status and preventing disruption to your life, work, or studies.

At Axis Solicitors, we have extensive experience helping clients successfully overturn refusals under the EU Settlement Scheme. Our legal team carefully examines the reasons for rejection and builds a robust strategy to secure a positive outcome.

Understanding the Home Office Decision Letter

When an application is refused, the Home Office issues a decision letter explaining:

• The reasons for refusal
• Whether you have the right of appeal or only the option to request an administrative review
• The deadline by which you must take action

It is vital to read this letter carefully, as it determines your next steps and legal options. Axis Solicitors reviews each client’s decision notice in detail to identify any procedural errors or misinterpretations of evidence.

Right to Administrative Review

An administrative review is available if you believe the Home Office made a casework error — for example, by failing to consider key evidence or misapplying immigration rules.

Key Features of an Administrative Review:

• You must submit the review request within 28 days of receiving the refusal (if you are outside the UK) or 14 days (if inside the UK).
• The Home Office will reassess the decision based on the original application and evidence submitted.
• You cannot provide new evidence unless it proves that the Home Office made an obvious error.

Although administrative reviews do not involve a hearing, they can lead to decisions being overturned if errors are found.

How Axis Solicitors Helps:
Our legal team analyses refusal letters line by line to pinpoint caseworker mistakes. We then draft precise legal submissions highlighting why the decision should be reconsidered and ensure the review request meets all procedural deadlines.

Right to Appeal

If your refusal letter confirms a right of appeal, you can take your case to the First-tier Tribunal (Immigration and Asylum Chamber).

This process allows an independent immigration judge to review the Home Office’s decision.
Appeals are particularly effective when the refusal stems from a dispute over evidence, eligibility, or the interpretation of immigration rules.

Steps in the Appeal Process:

1. Lodging the Appeal: You must file the appeal within 14 days of the decision if inside the UK or 28 days if outside.
2. Preparing the Appeal Bundle: This includes your refusal notice, legal grounds of appeal, and supporting evidence.
3. Tribunal Hearing: A judge reviews the case and may question both you (or your legal representative) and the Home Office’s presenting officer.
4. Decision: The tribunal will issue a written decision, which can uphold or overturn the refusal.

How Axis Solicitors Helps:
Our immigration solicitors prepare detailed appeal bundles, represent clients during hearings, and advocate their cases with strong legal arguments. We handle the process from start to finish, ensuring full compliance with tribunal procedures.

Reapplying Under the EU Settlement Scheme

Sometimes, the fastest and most cost-effective way to resolve a refusal is to submit a new application, especially if your previous refusal was due to missing evidence or technical errors.

For example, if the Home Office refused your application for lack of residence proof, but you now have stronger documentation, reapplying may yield a positive outcome more efficiently than appealing.

How Axis Solicitors Helps:
We assess whether a reapplication or appeal is the better route based on your circumstances. If reapplication is advised, we assist in strengthening your evidence, updating your documentation, and drafting legal cover letters to clarify any previous issues.

Judicial Review (JR)

In exceptional cases where the Home Office acts unlawfully or unreasonably — for instance, by ignoring clear evidence or misapplying the law — you may be able to challenge the decision through a Judicial Review.

This is a legal process handled by the Upper Tribunal or High Court, focusing on whether the Home Office followed proper procedure rather than the merits of your application.

How Axis Solicitors Helps:
Our solicitors are experienced in preparing pre-action protocol letters, engaging with the Home Office before initiating judicial proceedings, and working alongside specialist barristers if the matter proceeds to court. Judicial reviews are complex, but they can be an effective tool in cases involving procedural unfairness.

Strengthening Your Case for Appeal or Review

Whether appealing or reapplying, the success of your case depends on presenting accurate, credible, and complete evidence.
At Axis Solicitors, we help clients:

• Analyse Home Office refusal reasons in detail
• Identify missing or insufficient evidence
• Prepare comprehensive supporting documentation
• Draft persuasive legal submissions
• Represent clients professionally before tribunals

We ensure that each case is tailored to your personal circumstances, increasing the likelihood of a successful outcome.

Timeframes and Deadlines

Strict time limits apply to appeals and reviews. Missing these deadlines may cause you to lose your right to challenge the decision.
Therefore, it is crucial to seek legal advice as soon as possible after receiving a refusal.

Axis Solicitors ensures that all appeal and review submissions meet Home Office and tribunal timeframes, preventing unnecessary procedural dismissals.

Need Expert Help with Your EU Settlement Scheme Application?

Navigating the EU Settlement Scheme can be complex, especially when dealing with documentation gaps, late applications, or refusals. At Axis Solicitors, our experienced immigration lawyers specialise in assisting EU, EEA, and Swiss nationals — as well as their family members — to secure lawful status in the UK.

We provide clear, tailored advice and manage every stage of the process, from preparing your initial application to handling appeals and switching from pre-settled to settled status. With a proven track record in UK immigration law, our solicitors ensure your case is handled efficiently and in compliance with Home Office standards.

Contact Axis Solicitors today for a confidential consultation and let our legal experts guide you towards a successful outcome under the EU Settlement Scheme.