Child without settled status in the UK: can a late EUSS application still be made?

Many Polish families only discover years later that, although the parents hold settled or pre-settled status under the EU Settlement Scheme (EUSS), their child does not. This is explained by Joanna Rychlicka, an IAA Level 2 immigration adviser at the London firm Sterling Law, in an interview published on 8 November 2026 by the Polish Express portal.

Why the problem arises

Parents' status does not pass automatically to their children. As a rule, a separate application must be made for the child, unless the child already has the right status or British citizenship. Rychlicka stresses that such cases are appearing more and more often in her practice. One cause is the mistaken belief that a child born in the UK is always a British citizen.

A late application

The main deadline for most people passed on 30 June 2021. However, an application can still be made later if there are reasonable grounds for the delay. This is also reflected in guidance on GOV.UK.

According to the expert, under Home Office guidance, a parent or guardian's failure to apply on the child's behalf is accepted as such a reason if the child is still under 18. The Home Office does not then require a detailed explanation of why the parents did not act. An explanation and supporting documents must still be included with the application. A written statement from the parent or guardian, together with a document confirming the child's age, may be enough.

Accepting the reason for the delay does not mean status is granted. The applicant must still meet the scheme's other requirements.

A child who is already 18

The Home Office takes a stricter approach with adults. An adult should apply within a reasonable time of learning about the requirement. Simply not knowing the rules, limited English, no internet access or work commitments are generally not enough. Exceptions may include, for example, serious illness, domestic abuse or other special circumstances. Each case is assessed individually.

Documents

The most important thing is evidence of the child's residence in the required period. Useful items may include certificates from a school or nursery, records from a GP surgery or hospital, and official correspondence showing the child's name, surname and a date. A UK birth certificate alone does not prove many years of residence.

British citizenship

According to Rychlicka, a child born in the UK automatically acquires citizenship if, at the time of birth, at least one parent was a British citizen or settled in the UK (for example, with settled status). The situation is more complex if the parent had only pre-settled status at that time. The expert points to:

• section 10A of the British Nationality Act 1981, in force since 1 July 2021, which in some cases gives citizenship where a parent obtained settled status after the child's birth,
• registration under section 1(3) of that Act, if a parent later obtained settled status, provided the application is made before the child turns 18,
• registration under section 1(4) for people born in the UK who spent the first 10 years of their lives here (generally with no more than 90 days a year spent abroad), regardless of their parents' status.

What this means for you

Parents who hold settled or pre-settled status should check whether their children have their own status or citizenship. An unresolved position can come to light when travelling and, after the child turns 18, when working, renting a home or studying. This does not mean, however, that a child without status is automatically in the UK unlawfully. The expert advises first establishing whether the child is already a British citizen (in which case a passport may be enough), and then considering EUSS or registration. If in doubt, it is worth seeking professional immigration advice.

This material is for information only and does not replace individual advice.