EU Settlement Scheme (EUSS) – latest developments and improvements
As most readers will be aware, the EU Settlement Scheme (EUSS), established under Appendix EU of the UK Immigration Rules, was set up to protect the residence rights of EU, EEA and Swiss nationals and their family members who exercised free movement rights before the end of the Brexit implementation period i.e. those living here in the UK before December 2020. Most EU nationals who have been living in the UK since before 31 December 2020 therefore, under the EUSS, already hold either pre-settled status or settled status (if they have been able to establish 5 years’ continuous residence).
Throughout 2024 and 2025, in response to various criticisms, many improvements have been made to Appendix EU and to the EUSS resulting in a much more user friendly, flexible and automated system aimed at securing the rights of EU, EEA and Swiss nationals and avoiding inadvertent loss of status. Long absences abroad are now much less risky and automatic extensions and conversions have greatly reduced the administrative burden on applicants. Here follows a summary of the main improvements:
- Pre-Settled Status Lapses and Automatic Extensions
- Prior to May 2024, pre-settled status lapsed following a continuous absence of two years from the UK. With effect from 21 May 2024, the automatic lapse period was extended from two years to five years (in line with the lapse period for settled status).
- In line with this change, the automatic extension process, which started in September 2023, was amended so that pre-settled status would be automatically extended for up to five years, rather than two years.
- No more expiry dates
- eVisas no longer display the expiry date of pre-settled status. Expiry dates have become irrelevant for those with pre-settled status given the automatic extension process. This change prevents landlords and employers from misinterpreting approaching expiry dates further protecting EU nationals’ residence rights including their rights to rent and work.
- Automatic Conversion from Pre-Settled to Settled Status
- Since early 2025, the Home Office have been automatically granting settled status to eligible individuals who have reached five years’ residence. They do this by checking HMRC and DWP records to verify applicants’ UK residence. For those who qualify for automatic conversion, this obviously makes life even easier as there is no requirement to submit an application.
- It is important to note that family members of EU nationals are not automatically covered by this but may be considered for settled status in their own right.
- It is also important to note that if you are told by the Home Office that you do not qualify for automatic conversion to settled status, this does not mean that you do not qualify for settled status; it simply means that they do not have sufficient evidence to automatically upgrade you. You can still apply as before, in your own right, submitting your own evidence of your 5 years’ residence in the UK.
- Introduction of the “30-in-60 Months” Alternative Residence Test for settled status
- Previously, an applicant for settled status had to demonstrate five years of continuous residence, generally requiring at least six months of presence in the UK per year. This test is still available but from 16 July 2025, an applicant may also satisfy the residence requirement by evidencing a total of 30 months’ UK residence within the 5-year period before applying, irrespective of the frequency, duration or timing of their absences from the UK. This development greatly assists individuals whose residence in the UK has not been continuous and makes qualification for settled status considerably more straightforward.
UK Immigration Options for EU Nationals Arriving After 31 December 2020
Since the end of the Brexit transition period on 31 December 2020, EU free movement rights no longer apply in the United Kingdom. As a result, EU nationals who were not resident in the UK by that date (apart from some exceptions) are not normally eligible under the EUSS and must instead qualify under the UK Immigration Rules in broadly the same way as non-EU nationals.
We have summarised below the available immigration options for EU nationals who wish to visit, work, study and/or join family in the UK after December 2020. We also cover the proposed changes to the settlement rules which affect many of these categories together with the details of the government consultation on these changes which is open for comments until 12 February 2026.
VISITING THE UK
EU nationals may continue to visit the UK for up to 6 months without obtaining a visa in advance although it is now mandatory for EU nationals to obtain an Electronic Travel Authorisation (ETA) prior to travelling to the UK. It is essential for visitors to be able to demonstrate (if asked) that they intend to leave the UK at the end of their stay, can support themselves financially, and will not work, access public funds or essentially live in the UK through frequent or successive visits.
Certain business and intra-corporate activities are permitted for visitors including, for example, attending meetings and conferences, providing or attending training or negotiating contracts so the ban on working is not a blanket one. However, it is important to ensure in most cases that you are not being paid in the UK and continue to be employed overseas.
WORKING IN THE UK
Options for Employees
Sponsored by a UK Company – Skilled Worker Visa
For senior executives and professionals who wish to join UK businesses, whether those businesses are private or family-owned, or multinational, the Skilled Worker visa is normally the most straightforward option, provided that your UK employer holds a Home Office sponsor licence.
Salary requirements increased to a minimum of £41,700
The salary requirements for this visa increased in 2025 so that applicants must now normally be paid a minimum annual salary of £41,700 or often more depending on the relevant standard occupational code. (Some reduced thresholds still apply for those working in the NHS, new entrants into the labour market and other shortage occupations).
The skills threshold was also raised for this visa in July 2025 to RQF Level 6 (degree level jobs only) which had a particularly negative impact on the hospitality and construction industries. From 8 January 2026, new applicants for this visa will need to show that they can speak English to CEFR level B2 (equivalent to A level) rather than CEFR B1 (which was equivalent to GCSE) (or have a degree taught in English).
The current rules state that you can settle in the UK after 5 years of continuous residence on a skilled worker visa but please note the proposed reforms for this to be extended to 10 years in the settlement section below.
Employed by an overseas business wishing to move to the UK – UK Expansion Worker route
The UK Expansion Worker route is part of the Global Business Mobility (GBM) framework and is designed for overseas businesses that have not yet started trading in the UK, but which wish to establish a UK presence.
This route allows a senior employee or specialist worker of an overseas company to come to the UK temporarily to set up a UK branch or subsidiary. The overseas business must already be established and trading outside the UK, and the applicant must have worked for that business for a qualifying period (subject to limited exemptions).
Unlike the Skilled Worker route, the UK Expansion Worker visa does not lead directly to settlement. Permission is granted for up to two years in total. The route is therefore best suited to businesses at an early expansion stage, where the initial focus is on market entry rather than long-term residence.
Once the UK entity is established and trading, it may be possible for the business to obtain a Skilled Worker sponsor licence and for the individual to switch into the Skilled Worker route, which would then allow time spent in the UK to count towards settlement.
Options for entrepreneurs
Self-Sponsorship (Skilled Worker visa sponsored by Own UK Company)
“Self-sponsorship” is not an actual immigration category, but instead a strategy that uses the Skilled Worker route. It allows an individual to move to the UK by establishing or purchasing a UK business which then sponsors that individual for a Skilled Worker visa.
In practice, the applicant sets up or acquires a UK company, ensures it has genuine trading activity, and then applies for a Skilled Worker sponsor licence. Once the licence is granted, the UK company then issues a Certificate of Sponsorship to the applicant for a genuine, skilled role within the business.
The individual must still meet all standard Skilled Worker requirements, including skill level, salary threshold, and English language ability as set out above. While there is no minimum investment requirement, the business must be sufficiently funded to operate and pay the sponsored salary.
This unofficial route is often used by entrepreneurs, consultants, and senior professionals who wish to operate their own UK business. It is important to note that the Home Office scrutinises these applications with a fine toothcomb and increasingly refuses applications on spurious “genuineness” grounds.
Global Talent Visa
This visa is ideal for highly skilled individuals/leaders or emerging leaders in fields such as science, engineering, digital technology, and the arts. This route does not require employer sponsorship or a job offer but instead requires endorsement by an approved endorsing body or, in some cases, the possession of a qualifying prestigious award.
The Global Talent route offers considerable flexibility as it gives you the freedom to work for any employer or invest in or build your own business. Recognised leaders can be eligible for settlement after three years, depending on the category.
Innovator Founder Visa
Entrepreneurs seeking to establish their own new business in the UK may also be eligible under the Innovator Founder route. The key requirement of the Innovator Founder Visa is to have an innovative, viable and scalable business idea. The Home Office defines innovation as “offering something new or different from anything else on the market, viability as “presenting high potential for growth” and scalability as “creating jobs while expanding to national/global markets”.
This route requires endorsement from an approved body and a detailed and compelling business plan is essential. Unlike the previous Innovator and Entrepreneur Visa routes, there is no minimum investment threshold. However, applicants must demonstrate they have enough resources to launch and sustain their business, especially for the first year, so some investment funds will need to be available. This visa, like the Global Talent visa also provides a route to settlement in 3 years if performance milestones are met.
STUDYING IN THE UK
Short-term study visa
These are available for English language courses in the UK which last longer than 6 months but not more than 11 months.
Student Visas
If your proposed course in the UK is longer than 11 months, then you need to apply for a full student visa. This requires an offer of a place from a licensed student sponsor, evidenced by a Confirmation of Acceptance for Studies, as well as proof of English language ability and sufficient funds to cover tuition fees and living costs. Students are usually permitted to work for 20 hours per week during term time, subject to restrictions.
Graduate Visas
After completing an eligible degree in the UK, graduates may be able to apply for a Graduate visa, which allows them to remain in the UK for two years (or three years for those with a PhD) with full permission to work without sponsorship. While the Graduate route does not itself lead to settlement, it can provide an opportunity to switch into a longer-term route such as Skilled Worker. Please note that it is proposed that graduate visas will only last 18 months from 1 January 2027 but will remain at 36 months for those with a PhD.
FAMILY BASED ROUTES FOR EU NATIONALS
Joining family who were in the UK prior to 31 December 2020
EU nationals can still apply for an EU Settlement Scheme family permit to come to the UK if they are the eligible family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein, who has been living in the UK since before 31 December 2020 and if the family relationship began before 31 December 2020.
Certain people can also be eligible with a “retained right of residence” if that family member has died, left the UK or the relationship has broken down.
Joining family if you do not qualify for an EUSS family permit
You may also be eligible to live in the UK based on your family life with a British citizen or a person who is settled in the UK. Applications are made under the UK’s standard family immigration rules (Appendix FM) rather than under any EU-specific arrangements.
Applicants must demonstrate a genuine relationship, meet financial and accommodation requirements, and, in the case of partners, satisfy an English language requirement. The normal financial requirement is that your partner should be able to show an annual income of more than £29,000 for the 6-month period before the application.
Family routes typically lead to settlement after five years of continuous residence, although this is often extended to 10 years for those who do not meet the financial or immigration status requirements.
SETTLEMENT AND THE PROPOSED EARNED SETTLEMENT MODEL
The UK Government has launched a consultation on proposals to introduce an “earned settlement” model, which would significantly change how migrants qualify for ILR. Under the proposals, the current automatic five-year route to settlement would largely be replaced by a baseline qualifying period of 10 years, extended to 15 years for lower-skilled roles.
Settlement would no longer be based solely on length of residence, but on whether an individual is considered to have earned it through lawful residence, economic contribution, integration (including English language ability), and good character. The proposals allow for adjustments to the baseline period, meaning some migrants could qualify sooner while others may face longer routes.
In particular, the consultation suggests that high earners, public service workers, those who have done significant voluntary work and those on certain visa routes (such as Global Talent or Innovator Founder) could qualify for settlement in as little as 3 to 5 years, while those who have claimed public funds or breached immigration rules could face extended qualifying periods of 15, 20, or even up to 30 years. These proposals are not yet law and would require changes to the Immigration Rules following the consultation.
Normally there are transitional provisions so that changes are not applied retrospectively to those already in an immigration route but that is not the case with these proposed changes.
These proposals are very controversial, and we are encouraging all clients affected to review and respond to the consultation which is open until 11:59pm on 12 February 2026 and available on the government website:
https://www.gov.uk/government/consultations/earned-settlement
Accessible consultation materials can be found here:
https://www.gov.uk/government/consultations/earned-settlement/a-fairer-pathway-to-settlement-statement-and-accompanying-consultation-on-earned-settlement-accessible
NB: These proposals do not affect individuals who already hold Indefinite Leave to Remain or settled status under the EU Settlement Scheme, as their status would remain secure. Those on family visas or with pre-settled status are also unaffected.
CONCLUSION
Since the end of free movement, the rules for EU nationals coming to the UK have changed significantly. There are still however a wide range of possible routes for work, study, joining family, and long-term settlement. UK immigration law can be complex but with the right legal advice and careful preparation, EU nationals can still secure their status in the UK. Please contact us at Child and Child if you would like guidance or support with any aspect of UK immigration.
Contact details as follows: aliceboyle@childandchild.co.uk or paolobarbato@childandchild.co.uk
DDI: +44 (0)207 201 1876 or DDI: +44 (0)207 201 1863
The information contained in this article is general guidance only. The application and impact of laws can vary widely depending on the specific facts involved. The information in this article is provided with the understanding that the authors and presenters are not giving legal, tax, or other professional advice and services. As such, it should not be used as a substitute for consultation with professional legal, tax or other competent advisers. Before making any decision or taking any action, you should consult a Child & Child professional
