Students, like all other EU, EEA and Swiss citizens, must be resident in the UK by 31 December 2020 to have rights under the Citizens’ Rights Agreements.
EU, EEA and Swiss students who were studying in the UK and have returned home during the pandemic and who are continuing with their course online in their home country (when they would otherwise be studying in the UK) are able to apply to the EU Settlement Scheme from outside the UK, so long as they are able to prove that they are still continuously resident in the UK. This means that they must not have been absent from the UK for more than six months in any 12-month period, except for a single absence of no more than 12 months for an important reason, for example due to studying outside the UK because of COVID-19. They will still be continuously resident in the UK for the purposes of the scheme.
EU, EEA and Swiss nationals who have commenced their course online in their home country due to COVID-19, and who otherwise would be studying in the UK, will be eligible to apply to the EU Settlement Scheme as long as they arrive in the UK by 31 December 2020. Students unable to arrive in the UK by 31 December 2020 will be required to apply to the Student route under the points-based immigration system, to commence studying in the UK.