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EU Settlement Scheme scenarios and case studies

  • Scenario 1:

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A child who has moved to the UK with an EU / EEA Parent in the last 5 years.

YOUR QUESTION...

Hi, I am Afonso! I am 13, and I need to apply to the EU Settlement Scheme for me and my Dad, but we are not sure what to do. I moved to the UK from Portugal with my Dad to live with my British step-mum in June 2020. My Dad is a Portuguese national and I have a Portuguese passport. I have never known my mum. Do I need to apply, and what information do I need to submit?

OUR ADVICE FOR AFONSO

You can apply to the EU Settlement Scheme because you are the son of an EU national and have been living in the UK with your Dad and step-mum since before 1 January 2021. Your Dad can also apply. You are both only eligible for pre-settled status at the moment as you have not been living in the UK for at least 5 years continuously. You and your Dad have a right to stay in the UK for 5 years from the date of being granted Pre-Settled status. If you want to stay in the UK for longer, you must apply for EU Settled Status before the end of the 5 years. You and your Dad have been living in the UK since June 2020, so you can apply for EU Settled Status in June 2025.

  • Scenario 2:

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An Irish child without a fixed address

YOUR QUESTION...

Hi, my name is Ella! I have been living with my Mum and Dad in the UK for 7 years. My mum is Irish and my dad is Latvian. I have a Latvian and an Irish passport. We are a traveller family and do not have a fixed address. Do we need to apply for the EU Settlement Scheme, and how do we prove we have been living in the UK for more than 5 years?

OUR ADVICE FOR ELLA

As you are Irish citizens, you and your mum do not have to apply for the EU Settlement Scheme, but you can both apply if you want to. Your Dad will have to apply as a Latvian national.

If you all decide to apply, you will each have to make a separate application, but your parents should 'link' their application to your application so that it is clear you are in the same family. You can get more information about how to 'link' applications by clicking on our 'Frequently Asked Questions' (FAQ 3) at the bottom of this page.

 

  • Scenario 3:

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An Irish child without a fixed address

OUR ADVICE - PROOF OF RESIDENCE

As you do not have a fixed address, you could use a dated and signed letter from your school confirming that you have attended your course for a period of time.

There are other documents your Dad can submit without needing evidence of a fixed address, like:

  • An official document from your parent's workplace, like a payslip.
  • A phone / electric / water / internet bill with a UK address on.
  • Passport stamps showing entry at a UK border.
  • A letter from your doctor that confirms the dates of appointments.
  • A letter from a charity or service that shows you worked with them on a certain date, or fro a certain amount of time.
  • Your parents' bank statement showing 6 months of spending in the UK.
  • A dated and signed letter / certificate from your school confirming you have physically attended a course for a specific period.

 

  • Scenario 4:

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An EU child who wants to go and live with an older sister in the UK

YOUR QUESTION...

Hi, I am Sara! I am 17 and my family is Polish. My older sister Anna is 24 and has been living in the UK for the past 6 years. I would like to go and live with my sister and get a job. What do I need to do to join her?

OUR ADVICE

Under the current rules, you can only come to the UK to join certain family members. This does not generally include sisters or brothers. You should still seek specialist legal advice though, partcularly if you depend on your sister (financially or for care) and if you are unable to remain with your parents in Poland.

Please see our list of useful contacts at the bottom of our 'Frequently Asked Questions' page for further information on who can provide specialist legal advice and support.

 

  • Scenario 5:

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A child living in the UK with a third-country national parent and her EU partner

YOUR QUESTION...

Hi, I amd Joe! I am 13 years old and I have lived in the UK with my mum and her partner for 6 years. My mum is from Texas and her partner is from Spain. Her partner has been granted EU Settled Status but I am unsure if I am able to apply. I travel back to America during the holidays to stay with my biological father. Can I register fro the EU Settlement Scheme? Can my Dad come and live in the UK to be nearer to me in the future?

OUR ADVICE FOR JOE

Your mum's partner can apply for EU Settled Status because he has been living in the UK for more than 5 years. Your mum and you can also apply for the EU Settled Status because you are classed as 'close family members' of an EU national, as long as you have been living with him in the UK continuously for more than 5 years. Living in the UK 'continuously' means that you have not been absent from the UK for more than 6 months in any 12-month period to visit your Dad in the US.

Only those who are considered 'close family members' can come to stay with those who have successfully applied for EU settled status. That includes 'dependent parents' who rely on you for care or assistance (for example, when they are older). Parents who want to come to the UK just to be with or look after their children will have to get legal advice about whether they qualify under the UK's more general immigration rules.

 

  • Scenario 6:

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An EU child with a Criminal Conviction

YOUR QUESTION...

Hi, I am Margo! I am 15 and I am from France. I have been living in the UK for 2 years with my Mum and Dad who are also French. Last year I was convicted of causing criminal damage and had to do community service. We are in the process of applying to the EU Settlement Scheme. Will my conviction affect my application?

OUR ADVICE FOR MARGO

If you do apply, a background check will be carried out on you because you are older than 10. Your criminal conviction may affect your application if there is evidence of you being a 'persistent or serious' offender. This is less likely to be a problem for you as you have only committed one offence, and it was not serious.

As you and your parents have lived in the UK continuously for less than 5 years, you are eligible for pre-settled status. As soon as you have reached 5 years of continuous residence in total in the UK, you can apply for EU Settled Status. Just remember to do this before your pre-settled status runs out (which will be in 5 years' time).

 

  • Scenario 7:

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Children living in the UK with third-country national parent following relationship breakdown

YOUR QUESTION...

Hi, I am Alekos! This is my twin, Sofia. We are both 16 and go to secondary school in the UK. Our mum is Australian and her civil partner is Greek. We moved to the UK in 2017 and have all applied to the EU Settlement Scheme. Our mum and her partner separated in February 2021 and her partner now wants to move back to Greece. We want to stay in the UK with our Australian mum. Are we allowed to?

OUR ADVICE FOR ALEKOS AND SOFIA

As your mum was in a civil partnership with an EU citizen, you are all eligible for EU Settled Status and can remain in the UK, even if your mum's civil partner returns to Greece. This is because you are both in full-time education and your mum is your primary carer.

 

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