CA-2024-001773 - [2025] EWCA Civ 1057

The EU Settlement Scheme

PSS, which is the status held by the Appellant, was conferred as part of the EU Settlement Scheme (“EUSS”). There is no dispute about the origin and content of that scheme, which I summarise from the witness statement of Lorna Fraser (Head of the Homelessness Strategy and Policy Team at the Ministry of Housing, Communities and Local Government, dated 15 January 2025). That statement was admitted as evidence for this appeal by a consent order dated 18 December 2024 approved by Lewison LJ. It was not before the judge below.

After several test phases beginning in August 2018, the EUSS was formally introduced on 30 March 2019. It was contained in Appendix EU of the Immigration Rules. The EUSS permitted all EU citizens resident in the UK by 11pm on 31 December 2020 and their families to apply for leave to remain in the UK. There was no application fee and an application was made via an on-line application form. Where an application met the suitability and eligibility requirements, the applicant was granted PSS (or settled status if they had been continuously resident in the UK for at least 5 years and met other conditions). PSS conferred a limited right to remain in the UK for 5 years. A right of appeal against a refusal of PSS (or settled status, as relevant) existed under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 (SI 2020/61). The EUSS was open from 30 March 2019. The deadline for applying to the EUSS for those resident in the UK before the end of the transition period was 30 June 2021.

PSS was therefore a permission to EU citizens resident in the UK at the end of the transition period with fewer than 5 years’ continuous residence to remain in the UK. The conditions for acquiring PSS were straightforward, requiring proof of nationality and identity. Applicants did not have to prove that they had rights of residence under EU law. Once PSS was granted, it endured until it lapsed or the SSHD chose to revoke it, which she could do only in very limited circumstances (not including lack of economic activity).

PSS is a route to settlement because an EU citizen with 5 years’ continuous residence in the UK, can, subject to meeting other conditions, obtain settled status which confers indefinite leave to remain.