Question to the Home Office:

To ask Her Majesty's Government, further to the Written Answer by Baroness Williams of Trafford on 14 July (HL1629), whether someone (1) born in an (a) European Economic Area, or (b) European Free Trade Area, state other than the UK, (2) who carries a non-UK passport, (3) who is married to a UK citizen, and (4) has (a) resided, and (b) been employed, in the UK for over 20 years including paying taxes or drawing pension payments, would automatically have "UK immigration status" by dint of those characteristics; or whether they might still need to apply for it under the EU Settlement Scheme.

An EU, European Economic Area (EEA) or European Free Trade Association (EFTA) national who was settled in the UK before 1 January 1973 may have acquired indefinite leave to enter or remain automatically under section 1(2) of the Immigration Act 1971.

Where they hold indefinite leave to enter or remain obtained in this way, or where an EU, EEA or EFTA national holds such leave obtained by applying for it under another immigration route, they do not need to apply for status under the EU Settlement Scheme (EUSS), but they may do so if they wish given the benefits of doing so.

Indefinite leave to enter or remain granted under the EUSS (referred to as ‘settled status’) enables the holder to access additional rights in line with the Citizens’ Rights Agreements. For example, they can be absent from the UK for five consecutive years, rather than two years, before their settled status lapses, and they can sponsor certain family members to join them in the UK without meeting the requirements of the family Immigration Rules.

Where an EEA national was resident in the UK by 31 December 2020 based on free movement rights, they must apply to the EU Settlement Scheme for status under UK immigration law. The deadline for doing so was 30 June 2021, but late applications will be accepted where reasonable grounds exist for missing the deadline. This includes where someone has lived in the UK for many years and did not realise they needed to apply.