Pre-Settled and Settled Status
If EU, EEA and Swiss citizens apply to the EU Settlement Scheme successfully, they will be able to continue living and working in the UK after 30 June 2021. They will be given either settled or pre-settled status.
Settled Status.
Eligibility Criteria.
To qualify for the settled status. EU, EEA and Swiss citizens must have:
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resided in the UK by 31 December 2020
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no serious criminal record
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lived in the UK for a continuous 5-year period, known as ‘continuous residence’.
What does continuous residence mean?
Continuous residence is the time the applicant has spent in the UK without gaps. The applicant can leave the UK during the continuous period for up to 180 days in any 12-months period. The exceptions are:
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one period of up to 12 months for an important reason, such as childbirth, serious illness, study or an overseas work posting)
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compulsory military service of any length
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time spent abroad as a Crown servant, or as the family member of a Crown servant
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time spent abroad in the armed forces, or as the family member of someone in the armed forces.
Conditions of Stay for Settled Residents and Their Rights.
The settled status is granted forever, meaning that successful applicants will not need to re-apply. However, they will lose their settled status if they leave the UK for a period of 5 years (4 years for Swiss citizens). The settled status can be lost for subsequent criminal offending.
Settled residents will enjoy the same rights to live, work, healthcare and welfare benefits as British citizens. After holding settled status for 12 months, individuals can apply for British citizenship. There are specific criteria to satisfy to become a British citizen, so the applicants are strongly advised to consult our immigration team
How to Apply for Settled Status and Fee.
The application is submitted online. It is free to apply.
Pre-settled Status.
This option is for candidates who have not lived in the UK for 5 years in a row, known as ‘continuous residence’.
Eligibility Criteria.
To qualify for the pre-settled status. EU, EEA and Swiss citizens must have:
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resided in the UK by 31 December 2020
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no serious criminal record
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lived in the UK for less than 5-years.
Conditions of Stay for Pre-Settled Residents and Their Rights.
The pre-settled status is granted for 5 years. However, the pre-settled residents will lose their status if they leave the UK for a period of two consecutive years or they commit subsequent criminal offending.
Pre-settled residents will enjoy the same rights to live, work and healthcare as British citizens, but the pre-settled status does not count as the ‘right to reside’ for the purposes of welfare benefits. Pre-settled residents can access benefits by showing their ‘right to reside’. For example, this can be done by being a worker.
Pre-settled residents will need to obtain settled status before applying for British citizenship.
Switching to Settled Status.
Pre-settled residents can apply to switch to settled status as soon as they have had 5 years’ continuous residence. The 5 years is counted from the day they first arrived in the UK, meaning that the applicant does not need to hold pre-settled status for 5 years to apply.
How to Apply for Settled and Pre-settled Status and Fee.
The applications are submitted online. It is free to apply. The decision is usually made within 5 working days.
Refusals.
The applicants can re=apply again at any time until 30 June 2021. They can also apply for an administrative review or appeal the decision.
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