EU Settled and Pre-Settled Status

The EU Settlement Scheme is open to EU and EEA citizens, Swiss citizens, and their family members who were resident in the UK by 31 December 2020 and wish to remain in the UK after 30 June 2021 (the end of the ‘grace period’).

What is the EU Settlement Scheme?

The EU Settlement Scheme (EUSS) was introduced by the UK government following the UK’s withdrawal from the European Union. EU, EEA, and Swiss citizens (referred to here as ‘EEA citizens’) and their family members resident in the UK prior to 31 December 2020 could secure their status and rights in the UK by applying to the EUSS.

The deadline for most applications to the EUSS was 30 June 2021 (the end of the ‘grace period’), however, late applications are permitted in certain limited circumstances.

What is Pre-Settled Status?

EEA citizens, Swiss citizens, and their family members, who were living in the UK by 31 December 2020 may be eligible to make an application to the EUSS. Those who had not yet lived in the UK for five years may be eligible for Pre-Settled Status, also known as five years’ limited leave to remain.

Pre-Settled Status enables EEA citizens to continue to live, work, and study in the UK. Individuals with Pre-Settled Status may leave the UK for up to two years without losing their status. However, they must carefully consider extended absences from the UK if they wish to apply to switch to Settled Status, also known as Indefinite Leave to Remain (ILR), in the future. Absences from the UK will also be considered if an individual wishes to apply to naturalise as a British citizen following their grant of Settled Status.

Those who have been granted Pre-Settled Status may be eligible to apply for Settled Status once they have lived in the UK continuously for five years.

What is the deadline for a Pre-Settled Status application?

The general closing date for making an initial application under the EUSS was 30 June 2021. However, late applications may be accepted in certain cases.

The 30 June 2021 deadline does not apply in certain situations, for example:

Joining family members
The deadline does not apply to the joining family members of relevant EEA citizens where their family member was living in the UK before 31 December 2020 and their relationship existed prior to this date. In such cases, the applicant would firstly need to apply as a joining family member for an EUSS Family Permit or directly for Pre-Settled Status under the scheme. If applying for an EUSS Family Permit, the joining family member would then need to apply for Pre-Settled Status under Appendix EU within three months of arriving in the UK.

Spouses and civil partners of Swiss citizens
There are more flexible provisions if an applicant is the spouse or civil partner of a Swiss citizen, and the marriage or civil partnership was conducted between 31 December 2020 and 1 January 2026. The applicant would need to have arrived in the UK on or after 1 April 2021, and would need to apply for Pre-Settled Status within three months of arriving in the UK. The last date for making an application on this basis is 1 January 2026.

Other specific circumstances that may permit a later deadline include where the applicant had existing leave to enter or remain, the applicant has a historic five-year qualifying period, and applicants who are children born in the UK after 1 April 2021 to a relevant sponsor.

What is Settled Status?

EEA citizens, Swiss citizens, and their family members, who were living in the UK by 31 December 2020 and who had completed five years’ continuous residence in the UK could apply for Settled Status, also known as ILR.

Settled Status holders can live in the UK indefinitely, without being subject to immigration restrictions. They can live, work, study, and access public funds in the UK. Settled Status holders can spend up to five continuous years outside the UK without jeopardising their status, however they will need to be mindful of absences from the UK if they wish to apply for citizenship.

Switching from Pre-Settled to Settled Status

Individuals who already hold Pre-Settled Status can apply to switch to Settled Status once they have lived in the UK for a continuous period of five years. The five-year period is counted from the day that the applicant started their continuous residence, rather than the day they were granted Pre-Settled Status.

To meet the five-year continuous residence requirement, as a general rule, an applicant should not have spent more than six months outside the UK in any 12-month period. However, there are some exceptions to this rule, for example, if the absences were related to Covid-19.

Automatic extensions

From September 2023, individuals with Pre-Settled Status will automatically have their status extended one month before it is due to expire, if they have not yet obtained Settled Status. This automatically extends an individual’s Pre-Settled Status for a further period of five years.

The process will be automated by the Home Office and individuals will be notified of the extension directly. This will ensure that nobody loses their immigration status if they do not apply to switch from Pre-Settled to Settled Status.

Automatic extensions provide some protection to individuals who may have forgotten to apply for Settled Status when eligible. However, individuals must still have remained continuously resident in order to be eligible for Settled Status. We therefore recommend that individuals apply for Settled Status as soon as they are eligible to do so.

Automatic upgrades

The Home Office is taking steps to automatically convert individuals’ Pre-Settled Status to Settled Status where their records establish the individual has ongoing continuous residence in the UK. Despite these provisions, we strongly recommend that Pre-Settled Status holders continue to apply for Settled Status once they are eligible.

Naturalisation as a British citizen

Those who have Settled Status/ILR can apply to naturalise as a British citizen after demonstrating that they have been free from immigration restrictions for 12 months. This is unless they are married to a British citizen, in which case, they are eligible to apply to naturalise immediately, providing that they meet the rest of requirements.

You can find further information on naturalisation here.

Applications for EU Settled and Pre-Settled Status: How our Immigration Solicitors can help

Our immigration solicitors are experienced in advising EEA citizens and their family members on applications to the EU Settlement Scheme.

If you are in need of legal advice and assistance, please contact us or complete our enquiry form below.

More EU Settled and Pre-Settled Status FAQs

What is the difference between Settled and Pre-Settled Status?

Individuals with Pre-Settled and Settled Status can continue to live, work, and study in the UK. They may also use the NHS, access public funds (if eligible), and travel in and out of the UK.

Pre-Settled Status is a form of limited leave to remain, whereas Settled Status is a form of ILR and, therefore, provides the right to live in the UK permanently.

I have Pre-Settled Status, do I need to apply for Settled Status?

The Home Office has confirmed that it will be automatically upgrading Pre-Settled Status to Settled Status where their records indicate a person is eligible.

We strongly recommend that individuals do not rely on a potential automatic upgrade of their status, and that an application for Settled Status should be made once an individual is eligible.

Is it possible to lose Pre-Settled Status?

Individuals with Pre-Settled Status should not spend more than six months in any 12-month period outside the UK if they wish to meet the five-year continuous residence requirement for Settled Status. Pre-Settled Status can be lost automatically if a person spends more than two years in a row outside the UK.

Is it possible to lose Settled Status?

Individuals with Settled Status can live outside the UK for up to five years without losing their Settled Status. This is more generous than for other forms of ILR, whereby an individual may only live outside the UK for two years before losing their status. Settled Status can also be revoked in other serious circumstances, for example, when an individual is liable to deportation or has obtained Settled Status by deception.