The EU Settlement Scheme is the immigration scheme under which European Economic Area (EEA) nationals who began living in the UK before the end of 2020, and their close family members, can get immigration leave to live in the UK. 

If you are eligible for leave under the EU Settlement Scheme you will be granted: 

• Settled status (indefinite leave) - after living in the UK for 5 years or more; or  

• Pre-settled status (limited leave for 5 years) - after living in the UK for less than 5 years.   

In limited circumstances you can get settled status after living in the UK for less than 5 years. 

If you have pre-settled status you can apply for settled status once you have lived in the UK for 5 years - you do not need to wait until the end of your period of pre-settled status.   

If you are an Irish citizen, you have a right to live in the UK and you do not need to apply to the EU Settlement Scheme.  

If you do not know whether you have applied for, or have been granted, leave to be in the UK under the EU Settlement Scheme, or you are not sure if you may be eligible to do so, you need to get immigration advice before you claim any benefits, and before being included in someone else’s claim.

If you have settled status, you have full access to benefits.  You are not excluded from any benefits due to your immigration status (because you are not defined as a ‘person subject to immigration control’) and your settled status means you have a qualifying right to reside for all benefits that have this requirement.  You will still need to satisfy the other conditions for each benefit, including the presence and residence tests. 

If you have pre-settled status, you have access to many benefits. However, if the benefit you want to claim requires you to have a right to reside (for example Universal Credit, Pension Credit, Housing Benefit or Child Benefit) then you will need to show that you have a free movement right to reside. For details of these rights and a possible argument if you cannot work and cannot meet your basic needs see our guide to the Right to reside test.

You can access other benefits that do not require a right to reside, provided you satisfy the conditions for those benefits, including the presence and residence tests. 

Having pre-settled status means you are not defined as a ‘person subject to immigration control’ and so you are not excluded from any benefits for that reason. 

You can access contributory benefits - like New Style Jobseeker's Allowance (JSA) and New Style Employment and Support Allowance (ESA) - if you have paid enough National Insurance contributions. 

If you have made an application to the EU Settlement Scheme for settled or pre-settled status and you are still waiting for a decision from the Home Office (or if your application was refused and you are waiting for a decision from the Home Office on your appeal or administrative review of that decision) you have access to many benefits.

However, if the benefit you want to claim requires you to have a right to reside (for example Universal Credit, Pension Credit, Housing Benefit or Child Benefit) then you will need to show that you have a free movement right to reside.

You can access other benefits that do not require a right to reside, provided you satisfy the conditions for those benefits, including the presence and residence tests.

Having pre-settled status means you are not defined as a ‘person subject to immigration control’ and so you are not excluded from any benefits for that reason. 

You can access contributory benefits - like New Style Jobseeker's Allowance (JSA) and New Style Employment and Support Allowance (ESA) - if you have paid enough National Insurance contributions. 

I am an EEA national living in the UK since before the end of 2020 and I have not yet applied to the EU Settlement Scheme. What does this mean for my benefit entitlement? 

You need to apply to the EU Settlement Scheme and you should get immigration advice on how to best explain why you have not applied until now and to prove your residence in the UK. The general deadline to apply to the EU Settlement Scheme was 30 June 2021, but applications can be made after this date if you have ‘reasonable grounds’ for missing that deadline.  

Until you make an application to the EU Settlement Scheme you will be excluded from most benefits. This is because, as someone who requires leave and does not have it, you are defined as a ‘person subject to immigration control’.

Once you make an application to the EU Settlement Scheme for settled or pre-settled status, you are no longer a ‘person subject to immigration control’. You can access benefits under the rules for people who have made an application and are waiting for a decision.

You cannot currently claim any benefit that requires you to have a right to reside (for example Universal Credit, Pension Credit, Housing Benefit or Child Benefit), because the leave you have does not satisfy this requirement.   

Once you make an application to the EU Settlement Scheme for settled or pre-settled status, you can access benefits under the rules for people who have made an application and are waiting for a decision.

You can access other benefits that do not require a right to reside, provided you satisfy the conditions for those benefits, including the presence and residence tests. 

While you have your leave to enter, you are not defined as a ‘person subject to immigration control’ and so you are not excluded from any benefits for that reason.

Further information and advice

If you need advice or assistance in connection with the EU Settlement Scheme, you may be able to get this from one of the organisations the UK Government funded to assist people needing help with applications to the EU Settlement Scheme.

Unless you have been granted settled status, the benefit rules can be complex. Unfortunately many claimants are incorrectly refused benefits and need to challenge these refusals.  If you need to check what you can claim, or if your benefit claim has been refused, you should get independent advice. You may be able to get help from an organisation that specialises in advising European nationals and their family members or you can contact a general advice organisation such as Citizens Advice or a law centre.  

Turn2us is unable to offer advice on individual situations.  

Organisations providing advice and information for European migrants and family members 

The AIRE Centre (Advice on Individual Rights in Europe) - a specialist legal charity.

Coram - free legal services for children and young people who need support.

Greater Manchester Immigration Aid Unit - an organisation providing advice, support and representation to people subject to immigration control.

The Joint Council for the Welfare of Immigrants (JCWI) - a charity providing legal advice, support and campaigning for justice in immigration, nationality and refugee law and policy. 

Rights of Women - a women's charity providing women legal advice and information.

Settled - an independent charity helping EU citizens to stay in the UK after Brexit, offering free advice and support services. 

Work Rights Centre - a charity helping migrants.