It is now five years since free movement between the UK and the EU came to an end. For Polish citizens - still the largest EU community in Britain - the EU Settlement Scheme (EUSS) has been central to securing the right to live and work here. By the June 2021 deadline, more than 1.1 million Poles had applied, the highest number of any nationality. Today, that figure has risen to over 1.2 million applications, the vast majority of which have been granted settled or pre-settled status. So what does the scheme look like in 2025, and what do individuals, families and businesses need to know now?
A quick recap
The EU Settlement Scheme was piloted from August 2018 and launched in full on 30 March 2019 to secure the rights of EU, EEA and Swiss citizens (and their family members) after Brexit.
Applicants are granted:
- Settled status – if they have lived in the UK for at least five continuous years before applying. Equivalent to Indefinite Leave to Remain, it provides permanent security.
- Pre-settled status – for those with under five years’ residence at the time of their application. This is temporary and can later be upgraded.
Both allow people to live, work and study in the UK, use the NHS, access public funds and travel freely, with settled status offering the greater long-term security.
The June 2021 deadline
The 30 June 2021 deadline applied to most EU citizens living in the UK before 31 December 2020. From 1 July 2021, an EU passport or ID card were no longer enough - employers, landlords and authorities had to check EUSS digital status or another immigration status.
Late applications are still accepted where “reasonable grounds” exist, for example illness or parents failing to apply for a child.
The Government has not yet committed to converting all pre-settled status holders, but the direction is clear: the scheme is being simplified. With no application fees, the Home Office cannot recover processing costs, and there is little public interest in stricter enforcement against the 1.5 million people who still hold pre-settled status.
Recent developments
The EUSS has continued to evolve - mostly in the applicants’ favour. Despite some alarming headlines about deportations, the number of Polish nationals removed from the UK is tiny compared with the million-plus who have secured status. Where removals do occur, they usually involve serious criminal convictions rather than ordinary workers, families or entrepreneurs. For law-abiding Poles, the risk is extremely low.
In practice, the British government has shown little appetite to penalise long-term residents who qualify under the scheme. Policy attention has instead shifted towards sponsored migration and irregular entry, particularly asylum - with EU citizens’ rights under the EUSS scheme no longer taking centre stage in the political debate. This has led to a greater relaxation and streamlining of the process, encouraging the remaining pre-settled population to move towards securing full settlement.
Some of the key changes you should be aware of include:
|
What? |
When? |
How? |
|
Automatic extensions |
July 2023 |
Pre-settled status is extended automatically for most of those nearing expiry. |
|
Longer absences allowed |
May 2024, |
Holders can spend up to five years outside the UK without losing their status. |
|
Expiry date hidden |
June 2024 |
Expiry dates are removed from the view of landlords and other third parties, removing the requirement for these visas to be tracked and monitored. |
|
Pre-settled status extended |
September 2024 |
Pre-settled status granted for five years instead of two. |
|
Automatic conversion to settlement |
January 2025 |
Eligible pre-settled status holders have their status automatically upgraded to settled status, without the need to make a new application. |
|
Relaxed residence rule |
July 2025 |
Applicants can qualify with 30 months’ UK residence in the last five years. Previously, absences of over six months in a year could break eligibility. |
|
Use of travel data |
July 2025 |
Caseworkers use Home Office travel records to confirm residence where tax or benefit data are incomplete. |
|
Concurrent leave |
July 2025 |
Switching to another visa (e.g. Skilled Worker or Student) does not void pre-settled status, which remains valid in the background. |
Why this matters for Polish professionals and businesses
In the run-up to the end of free movement on 31 December 2020, many travelled to the UK simply to secure a foothold under the EUSS, sometimes for only short stays with no clear plans - the aim being to lock in that status, even on a temporary basis. At the time, the rules looked strict. Today, repeated relaxations mean even those with irregular residence patterns - such as living between Poland and the UK - may still benefit from extensions and be eligible to settle.
EUSS remains one of the most attractive routes to long-term residence. Unlike the Skilled Worker visa, which costs employers thousands in sponsorship fees, EUSS applications are free of charge. For employers, retaining and supporting staff with EUSS avoids the significant expense and complexity of sponsorship. Crucially, the scheme also appears to sit outside Government plans to double the waiting time for permanent residence to ten years, reinforcing its value as a quicker and more secure route to settlement.
For Polish nationals - particularly active in construction, hospitality, IT, healthcare and retail - EUSS is therefore a far more accessible option than the costly sponsorship routes.
Common misconceptions
Despite the popularity of the scheme among Polish nationals and repeated efforts by the Government to raise awareness, some of the same misunderstandings persist. The most common include:
- “I missed the deadline, so I cannot apply.”
- “My family didn’t join me before Brexit, so they cannot apply now.”
- “I don’t live in the UK anymore, so I must have lost my status.”
- “I don’t have a history of National Insurance contributions, so cannot apply.”
Practical steps
So, what practical steps should you take if you hold - or think you may be eligible for - EUSS?
- Check your EUSS account regularly and update details when renewing your passport.
- If not automatically upgraded, check eligibility and apply for settled status on Gov.uk.
- Keep records such as payslips, bank statements and utility bills.
- Encourage eligible family members to apply, even if late.
- For any children born in the UK to pre-settled status holder, check if the child is born British or if you need to apply for their status under EUSS.
- If you are an employer, ensure you carry out correct right-to-work checks while avoiding discrimination. Civil penalties for illegal working tripled in 2024 and enforcement is at record levels. The Home Office’s approach to right-to-work in the context of EUSS can be complex, so seeking professional advice is recommended.
Key takeaway
With Polish nationals making up the largest group of EUSS beneficiaries, the scheme remains central to their rights in the UK. But as the rules continue to evolve, it is more important than ever to stay on top of developments to avoid disrupting your route to settlement - and ultimately a British passport.
At Brecher, we have decades of experience assisting EU nationals with applications to the Home Office. If you have any questions, or would like your personal circumstances assessed, please contact Kasia Kingsmill, Partner at Brecher LLP, at kkingsmill@brecher.co.uk.
This article is for general information only and does not constitute legal advice. If you are unsure about your own status - or that of your employees - you should seek professional, tailored guidance.
