The EU Settlement Scheme (EUSS) was introduced by the UK government to protect the rights of European Union (EU), European Economic Area (EEA), and Swiss nationals and their family members who were living in the UK before December 31, 2020. The scheme allows eligible applicants to continue living, working, and studying in the UK with either Settled Status or Pre-Settled Status.
For Nigerians in the UK who are family members of EU, EEA, or Swiss nationals, this scheme provides an important route to legal residency. Understanding who qualifies, the application process, deadlines, and potential challenges is essential to securing residency rights under the scheme.
This comprehensive guide will cover:
- The EU Settlement Scheme and its purpose.
- Eligibility criteria for Nigerians applying under the scheme.
- Application steps, required documents, and processing times.
- Common issues faced by Nigerian applicants and solutions.
- The impact of Brexit on family reunification and long-term residency.
What Is the EU Settlement Scheme?
The EU Settlement Scheme (EUSS) was established to allow EU, EEA, and Swiss nationals, along with their family members, to legally stay in the UK after Brexit. The scheme offers:
- Pre-Settled Status – For individuals who had lived in the UK for less than five years before December 31, 2020.
- Settled Status – For individuals who had lived in the UK for at least five continuous years before December 31, 2020.
Why Was the EU Settlement Scheme Created?
- To safeguard the rights of EU nationals and their family members post-Brexit.
- To allow uninterrupted access to healthcare, education, and employment in the UK.
- To provide a legal pathway to permanent residency for qualifying applicants.
Who Is Eligible for the EU Settlement Scheme?
Eligibility Criteria for Nigerians Applying for the EUSS
Nigerians can apply for the EU Settlement Scheme if they meet one of the following criteria:
- Family Member of an EU, EEA, or Swiss National
- Nigerians who are spouses, children, parents, or dependent relatives of an EU national who was living in the UK before December 31, 2020.
- Extended Family Members
- Nigerians who are unmarried partners, siblings, or close relatives of EU nationals may be eligible if they were dependent on the EU citizen before Brexit.
- Derivative Rights Holders (Zambrano, Chen, and Ibrahim/Teixeira cases)
- Nigerians who are primary caregivers of British citizen children (Zambrano cases).
- Nigerians who are dependents of self-sufficient EU nationals (Chen cases).
- Children of EU workers who are still in education (Ibrahim/Teixeira cases).
- Survivors of Domestic Abuse
- Nigerian family members of EU nationals who were victims of domestic violence may still qualify even if the relationship has ended.
- Deceased or Divorced Family Members of an EU National
- Nigerians who were previously married to an EU citizen (but are now divorced or widowed) may still be eligible under retained rights.
Who Is Not Eligible?
- Nigerians who do not have a direct connection to an EU citizen who was in the UK before December 31, 2020.
- Nigerians who arrived in the UK after the Brexit transition period and do not qualify under another immigration category.
Application Process for Nigerians Applying to the EU Settlement Scheme
Step 1: Gather the Required Documents
To apply, Nigerian applicants must provide:
- Valid passport or Nigerian biometric residence card.
- Proof of relationship to an EU, EEA, or Swiss national (e.g., marriage certificate, birth certificate).
- Proof of residence in the UK before December 31, 2020 (e.g., utility bills, tenancy agreements, employment records).
- National Insurance Number (if applicable).
For Pre-Settled Status, applicants must show that they were in the UK before the deadline.
For Settled Status, applicants must prove at least five years of continuous residence.
Step 2: Apply Online Using the Government Portal
Nigerian applicants can apply through the UK Home Office’s official website. The application is free of charge and requires:
- Filling out personal details.
- Uploading proof of identity and residency.
- Answering security and eligibility questions.
Step 3: Submit Biometrics (If Required)
Some applicants may need to attend a biometric appointment at a UK Visa and Citizenship Application Services (UKVCAS) center.
Step 4: Wait for a Decision
The Home Office reviews applications and issues either:
- Pre-Settled Status (valid for five years, renewable).
- Settled Status (permanent residency, leading to British citizenship).
Processing Time:
- Most applications are processed within 5–12 weeks, but complex cases may take longer.
Common Challenges Faced by Nigerians Applying for the EUSS
1. Difficulty Proving Residency Before December 31, 2020
Solution: Provide multiple documents such as utility bills, bank statements, or GP (doctor) registrations.
2. Lack of Biometric Residence Card (BRC) for Non-EU Family Members
Solution: Apply for a Family Permit before transitioning to the EUSS.
3. Application Delays
Solution: Regularly check the Home Office’s status update portal or contact their support team.
4. Rejections Due to Insufficient Evidence
Solution: Submit additional supporting documents and consider appealing the decision.
What Happens After Receiving Settled or Pre-Settled Status?
Rights of Pre-Settled Status Holders
- Live, work, and study in the UK.
- Access NHS healthcare and social benefits.
- Travel in and out of the UK.
Rights of Settled Status Holders
- All the rights of Pre-Settled Status holders.
- Ability to apply for British citizenship after one year.
The Impact of Brexit on Family Reunification for Nigerians
With Brexit now fully implemented, family members of EU citizens face new immigration rules. Nigerians looking to join their EU relatives in the UK must now apply for a Family Visa or Spouse Visa under UK immigration laws.
Changes Affecting Nigerians After Brexit:
- No automatic right to join EU family members (must apply for a visa).
- Higher income and sponsorship requirements for non-EU spouses.
- Stricter eligibility checks on new applicants.
How to Transition from Pre-Settled to Settled Status
- Live continuously in the UK for five years.
- Provide evidence of ongoing residence (bank statements, tax records).
- Apply for Settled Status through the UK government portal.
Conclusion
The EU Settlement Scheme offers a valuable legal pathway for Nigerians in the UK who have EU family connections. However, strict deadlines and documentation requirements make early application essential.
By understanding who qualifies, how to apply, and what rights come with Settled or Pre-Settled Status, Nigerian applicants can secure their place in the UK post-Brexit.
For Nigerians facing complex cases or delays, seeking professional immigration advice can be crucial for a successful outcome.
