Please note – all applications to the EU Settlement Scheme (EUSS) are free of charge.
The deadline for most people to apply to the EU Settlement Scheme (EUSS) was 30 June 2021. EEA/Swiss Nationals wishing to enter and remain in the UK as a spouse/partner of a serving person will now need to meet the immigration rules under Appendix Armed Forces. All information on the requirements that will need to be met and how to apply can be found at see AFF: Visas to enter the UK
Back to topYou can use your EU passport to enter for up to 6 months but only if you are intending to visit the UK. If your reason for entry to the UK is to join or accompany the serving soldier partner permanently, then you will need to apply for the correct visa prior to travelling. Spouses travelling to the UK recently without the relevant visa have essentially been refused entry. They have instead been granted temporary admission (called Immigration Bail) and have been told they must make an application to remain within 28 days or be removed from the UK. If you are in this position you must contact us immediately on fcsupport@aff.org.uk.
Back to topThe deadline for applying to the EU settlement scheme was 30 June 2021. You may still be able to apply to the scheme if you meet certain criteria, see GOV.UK: Apply to the EU Settlement Scheme (settled and pre-settled status) for further information.
The deadline for applying to the EU settlement scheme was 30 June 2021. You may still be able to apply to the scheme if you meet certain criteria, see GOV.UK: Apply to the EU Settlement Scheme (settled and pre-settled status) for further information.
If you have recently returned to the UK and have not lived here for five years, but you were previously resident (see definition below) in the UK before being assigned overseas with your British spouse/partner, you are able to count your time on the overseas assignment as residence in order to be eligible for settled status. You can only count your time overseas if you were the spouse or durable partner* of a serving person. The guidance at GOV.UK: EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members (p 122) has the full wording.
If you were initially resident in the UK 5 years or more before the date of application, you should be eligible for settled status.
We suggest you provide the following evidence:
What is the length of residence required?
There is some dispute over what length is required because this is not defined in the guidance. The guidance does not say that you must have been ‘ordinarily’ resident or ‘habitually’ resident – both of which are terms with more specific definitions although even these do not specify the length of residence. If we go by ordinary residence then: ‘A person is ordinarily resident if they are normally residing in the UK (apart from temporary or occasional absences), and their residence here has been adopted voluntarily and for settled purposes as part of the regular order of their life for the time being, whether for short or long duration. All that is necessary is that the purpose for living in the UK has a sufficient degree of continuity to properly be described as settled’.
We would therefore advise that a visit to the UK – if you were living overseas at the time – would be unlikely to fall within the definition of ‘resident’. However, if you have been able to count your time overseas based on a visit to the UK then we would be grateful to hear from you – email fcsupport@aff.org.uk
You must meet the relationship requirements to qualify under this category (see number 4 below). If you don’t meet the relationship requirements you will need to apply to enter under UK Immigration Rules – see AFF: Visas to enter the UK
You must complete an application for a EU Settlement Scheme family permit. Download How to apply for a EU Settlement Scheme family permit for a step-by-step guide on how to apply.
Under ‘Category of Application’ select
You must return to the UK with the Service person by 29 March 2022 with a family permit in order to qualify under the EU settlement scheme. Once you are in the UK you should contact the EU Settlement Resolution Centre to request a paper application to apply to the EU settlement scheme. You are not able to use the online application form. Please note that you cannot normally apply to the EUSS if you enter the UK without a family permit. Please contact the F&C team if you have any problems with this application.
If you have previously resided in the UK, then your time overseas will be considered to be residence in the UK as long as you meet the relationship requirements (see number 4 below). You should make an application to the EUSS now EU Settlement Scheme: applying from outside the UK – GOV.UK. If you were initially resident in the UK 5 years or more before the date of application you should be eligible for settled status. Refer to section 1b above for information on how to apply.
The deadline for applying to the EU settlement scheme was 30 June 2021. You may still be able to apply to the scheme, we advise you contact the F&C team who will provide further guidance.
If you have never resided in the UK, you will have to make an application to enter under Appendix Armed Forces. All information can be found at AFF: Visas and BRPs. Please contact us if you require further information.
If you have previously resided in the UK, then your time overseas will be considered to be residence in the UK as long as you meet the relationship requirements (see number 4 below). You should make an application to the EUSS now EU Settlement Scheme: applying from outside the UK – GOV.UK. If you were initially resident in the UK 5 years or more before the date of application you should be eligible for settled status. Refer to section 1b above for information on how to apply.
The deadline for applying to the EU settlement scheme was 30 June 2021. You may still be able to apply to the scheme, we advise you contact the F&C team who will provide further guidance.
1. You must have been married or in a civil partnership by 31 Jan 2020. It may also be possible to meet the relationship requirement if you were married or in a civilian partnership by 31 Dec 2020 if you can show evidence why you didn’t return to the UK by 31 Dec 2020. Accepted evidence could be a letter from your British partner’s chain of command confirming the dates of the overseas assignment.
2. You must have been in a relationship (as a durable partner* for 2 years) by 31 Jan 2020. It may also be possible to meet the relationship requirement if you can show evidence of a durable relationship for 2 years by 31 Dec 2020. You will need to also provide evidence why you didn’t return to the UK by 31 Dec 2020. Accepted evidence could be a letter from your British partner’s chain of command confirming the dates of the overseas assignment.
You are considered a durable partner if you have lived in a relationship akin to marriage or civil partnership for two years before 31 Jan 2020 (so from 31 Jan 2018), unless there is other significant evidence of the durable relationship. For example, evidence of joint responsibility for a child (a birth certificate or a custody agreement showing they are cohabiting and sharing parental responsibility). If your relationship started by 31 Dec 2018 then you may meet the relationship requirement if you can show evidence why you didn’t return to the UK by 31 Dec 2020 as explained above.
Evidence of cohabitation can include:
Please refer to GOV.UK: Healthcare for EU citizens living in or moving to the UK for all information about access to the NHS.
Back to topIf you are on an overseas assignment you should firstly speak to the soldier’s chain of command, it is their responsibility to provide assistance. If they are unable to help, they should raise the query up the chain. However, if you are told that they cannot assist, then please contact us.
If you are in the UK, please read the information on the UKVI website in the first instance. If your enquiry is complex, we may have to refer you to other organisations to assist.
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