Information for EU, EEA and Swiss Nationals

Following Britain's exit from the European Union, it is important that all EU, EEA and Swiss nationals understand how this will impact their ability to live, study and work in the UK as the transition period ended at 11pm on 31 December 2020.

The information on this page is aimed at ensuring all our students have the required information to take the necessary actions to secure their status under the EU Settlement Scheme if eligible before the relevant deadline. Information on applying under the new immigration route from 1 January 2021 will also be covered.

EU Settlement Scheme

Until 11pm on 31 December 2020, the status of EU, EEA and Swiss citizens remained unchanged. The EU settlement scheme (EUSS) has been designed to offer you the opportunity to protect your residence in the UK after the transition period has ended. You may be eligible to apply to the EU Settlement Scheme if you and your family members have established a right of residence in the UK before the specified date of 31 December 2020.

If you are eligible to apply to the EU settlement scheme and you don’t have a Student visa, you could still make an application. However, you will need to provide evidence to justify your late application. The caseworker will make an assessment and grant/refuse your application.

The Home Office guidance about late EUSS applications changed, since 9 August 2023, it has become harder to prove ‘reasonable grounds’ to submit a late EU Settlement scheme application. The EU Settlement Scheme Caseworker guide page 28 confirms the more time has elapse between the application and the deadline, the harder it will get to satisfy there are reasonable grounds for failure to meet the application deadline. Applications submitted using the impact of COVID-19 will not be automatically accepted as a reason for late submission. This article from Freemovement includes scenarios for ‘reasonable grounds’ for applications submitted after the deadline.

On 21 December 2022 the High Court ruled that the EU settlement Scheme was unlawful and in contradiction to the Withdrawal Agreement between the UK and the EU. All EU, EEA and Swiss nationals with pre-settled status will get their permission automatically extended by the Government to verify the continuous residence in the UK and those meeting the criteria will automatically convert to settled status once they are eligible for it. If there’s difficulty confirming their continuous residence, they will be invited to apply for settled status.

The EU settlement scheme guidance for Home Office caseworkers contains a helpful list on pages 179-181 of evidence that the Home Office currently accept as proof of residence. The list is not exhaustive as there is a flexible approach to allow other evidence not mentioned in the guidance to help applicants to evidence their continuous qualifying period.

We have put together the below FAQs from questions most of you have enquired about via email to help you understand the process and rules around the EUSS and the Student route.

I am an Irish citizen. Do I need to apply for the EUSS?

Irish nationals are not required to regularise their status in the UK but can choose to apply under the scheme if they wish to do so. However, non-Irish/British family members should apply under the EUSS to retain their right to live, work and/or study in the UK.

Will I need a visa?

Under current plans, those who arrive in the UK from 1 January 2021, and have not applied to the EUSS, will be subject to immigration control under the new Student Route. Once you accept the offer to study at London Met, you will be required to pay the deposit (amount written in your offer letter) to start the process of CAS and visa.

I hold pre-settlement status, and I have been outside the UK for over 12 months. Is my permission still valid?

If you do not have permanent residence status under the EEA Regulations or settled status under the EUSS, an absence from the UK of more than 12 months will always interrupt your continuous qualifying period. In these circumstances, you will be required to provide to prove your absence was for an important reason. 'Pre-settled' status will be lost after a continuous absence of more than two years from the UK. 

I started my course remotely in the academic year 20/21. Can I apply for EUSS before arriving in the UK?

If you have commenced your course online in your home country due to COVID-19, and you would otherwise be studying in the UK, you will be eligible to apply under the EUSS as long as you arrived in the UK by 31 December 2020. If you did not arrive in the UK by 31 December 2020, you will be required to apply under the Student Route.

My course is 6 months or less. DO I need to apply for Student visa or Visitor visa?

EU, EEA and Swiss students can continue to visit the UK for up to 6 months, without applying for a visa and may participate in short term study. You don’t need to apply for the visitor visa in advance, you can apply on arrival to the UK. EU, EEA and Swiss nationals are permitted to enter the UK using the E-gates. We encourage you to keep your flight or train tickets and boarding passes safe for the purpose of enrolment as this will be used to determine your date of arrival and completion.

How does BREXIT affect healthcare in the UK?

If you are eligible for the EUSS (i.e., you are a UK resident or arrived in the UK to study before 11pm 31 December 2020) your entitlement to health care in the UK remains the same as a British Resident. If you are not eligible for the EU Settlement Scheme because you will first arrive to live in the UK from 1 January 2021, you will be required to pay for the Immigration Health Surcharge with your visa application. Those studying courses for less than six months should acquire medical insurance as you are entitled to limited NHS treatment.

I have ‘Permanent Residence’ to live in the UK. Do I need to apply under the EUSS?

If you currently hold ‘Permanent Residence’ and would like to continue living in the UK beyond 30 June 2021 you will have 2 options:

1. Apply under the EUSS (you will not be required to prove you have 5 years’ continuous residence).
2. Apply for citizenship before 30 June 2021.

I have a certificate of application (CoA). What are my rights?

Your certificate of application means you can:

• live in the UK
• work – once your employer has received verification from the Employer Checking Service
• study
• rent a place to live in England – once your landlord has received verification from the Landlord Checking Service
• use the National Health Service (NHS) in a similar way to permanent UK residents
• access public funds such as benefits and pensions, if you are eligible for them
• access a current account with a bank or building society in the UK

I am an EU/EEA/Swiss national and I already live in the UK but I do not want to apply for the EU Settlement Scheme.

It is your choice whether you apply for the scheme or not. If you choose not to apply, you should be aware of how this might affect your status in the UK from 30 June 2021, the current deadline to apply. We will need to contact all students during the summer of 2021 to ask for evidence of their status in the UK.

If you are on a course that means you will need to be enrolled for the 2021/22 academic year, and you have not applied for the Settlement Scheme before the deadline, and if no further deadlines are granted by the UK government, this means you will need to leave the UK to apply for a Student visa to continue your course. Our International Support and Compliance Team can help you with this process.

This may also affect your right to work and live in the UK. You should make sure you understand how this will affect you by reviewing the guidance available online.

London Met is very proud of our inclusive student body and welcome all students from around the world. We understand that you may find the situation frustrating or confusing and if you would like to speak to someone, you can contact Student Services for support.

Can I get assistance to apply for the Settlement scheme?

We recommend you to take a look at the below resources for guidance and seek support from our dedicated team by emailing adviceinternational@londonmet.ac.uk if you have any questions:

• org.uk: EU settled status application scheme walk-through video
• UKCISA: settlement info
• Universities UK Brexit: factsheet
• Mayor of London: European Londoners Hub 

The table below seeks to provide a clear distinction between the routes described above and some of the entitlements under them.

	EUSS	Student Visa	Standard Visitor Visa
Study	Yes: tuition fee likely to be the same as ‘Home’ fee * *check England Fee Status	Yes: tuition fee likely to be ‘Overseas’ fee * *check England Fee Status	Yes: You are permitted to study full time, part-time or complete re-sits examinations for up to 6 months.
Work	Yes: without any hour’s restriction. However, if you are studying a full time course we strongly recommend you to work on a part time basis or up to 20 hours per week.	Yes: If you have permission to work (written on your BRP) you are permitted to work 20 hours per week during term time and full time during school holidays and after completion of you course	No: You are not permitted to work or complete a work placement.
Access to healthcare	Free of charge: your entitlement to health care in the UK remains the same as a British Resident	£470 per year of study: you are required to pay for the Immigration and Health Surcharge (IHS) at the point of application, you may be entitled to a refund if you met the refund criteria.	No: you should acquire a private medical care before arriving in the UK.
Student Finance	Yes: you will be able to access financial support for the duration of their course	No: Overseas students are not entitled to student finance and should meet the financial requirements listed in the Student Visa guidelines	No: you are not entitled to student finance and should be able to demonstrate that you can support yourself during your time in the UK.
Bring Dependants	Yes: you are permitted to bring family members*   *refer to Family members of EEA nationals to find out if they meet the criteria	Yes: if you are studying a Postgraduate course NO: if you are studying a Undergraduate course *refer to Student Visa information to see if they meet the ‘Dependant’ criteria	No: You will not be allowed to bring your family to the UK as your dependants, marry or register a civil partnership.
Graduate Route	No: this immigration route will be available to students who have immigration permission under Tier 4 or Student visa route.	Yes: If you are on a Tier 4 or Student Visa Route and you are completing your degree in or after the summer of 2021.* * Check the other requirements to be eligible to apply under the Graduate Route	No: this immigration route will be available to students who have previously been granted immigration permission under Tier 4 or Student visa route.