What is the EU Settlement Scheme
Through the UK’s EU Settlement Scheme, citizens of the EU, EEA, and Switzerland, as well as their eligible family members, can confirm their right to live and work in the UK after Brexit. Under this scheme, depending on your residence history, you will be given either settled or pre-settled status.
Through the UK’s EU Settlement Scheme, citizens of the EU, EEA, and Switzerland, as well as their eligible family members, can confirm their right to live and work in the UK after Brexit. Under this scheme, depending on your residence history, you will be given either settled or pre-settled status.
About Settled and Pre-Settled Status
The EU Settlement Scheme was established after the UK left the European Union to grant the rights of EU citizens and their families who had lived in the UK before 31 December 2020. Through this scheme, individuals apply for settled or pre-settled status, and the length of their stay in the UK determines this.
Those who have resided in the UK without interruption for five years are eligible for the settled status. It grants indefinite right of residence, access to public funds, healthcare, education, and free movement in and out of the UK without any restrictions. Additionally, it is equivalent to Indefinite Leave to Remain.
Pre-settled status is for people who have not met the continuous residence condition of five years. It is a short-term residency status that gives individuals the right to stay, and furthermore, it serves as the basis for applying for settled status if the five years of stay are completed.
Major points include:
- Both statuses allow access to NHS services and work without restriction.
- You must be living in the UK by 31 December 2020.
- Most applicants had the deadline of 30 June 2021; however, applications submitted after that deadline may still be accepted under allowable circumstances.
- Understanding your current condition and the rights that come with it is crucial in ensuring that you can stay in the UK legally for an extended period. When applying or upgrading your application, it is highly advisable to seek legal advice.
Pre-settled status is a short-term stay permit under the EU Settlement Scheme. It is designed for citizens of the EU, EEA, and Switzerland (and their eligible non-EU family members) who have started living in the United Kingdom before 31 December 2020 but have not completed five continuous years of residence.
This permission entitles them to reside in the UK legally and to continue with their qualifying period for settled status.
Duration and Rights
The time of residence allowed by pre-settled status is usually five years. Within such a period, persons may carry out any of the activities aligned to the rights to work, live, study, and healthcare (subject to the eligibility criteria). On the other hand, pre-settled status does not allow you to stay in the country indefinitely. After you have resided in the UK for five consecutive years, you are required to apply for settled status.
You should maintain your residence in the UK. Suppose you are away from the UK for more than six months in any 12 months. In that case, your residence may be considered to have been broken unless you provide a justifiable reason, such as limited exceptions, such as a single absence of up to 12 months for serious reasons (e.g., illness, study, or pregnancy).
Important Notes
While pre-settled status guarantees lawful residence, it has a limited duration. In case you do not apply for settled status before the expiry of your pre-settled status, you may find yourself in the UK illegally without the right to use services and be refused entry to the country after traveling.
In August 2023, the Home Office revised the regulations to extend the pre-settled status period by two years for many individuals whose status was set to expire shortly, thereby providing additional time to convert to settled status. Even so, you are still the one who must apply, unless the automatic upgrade system becomes fully operational.
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We at ISUK support those who are working to resolve the issues with the EU Settlement Scheme. Suppose you are going for pre-settled or settled status. In that case, our legal team can ensure that your application is well-prepared, in line with Home Office rules, and supported by sufficient evidence.
We help you check your eligibility, count your residence periods, and identify potential risks that could affect your application, such as long absences or a lack of required documents. We can help if you have no proof of your stay or you are late in applying by creating a case with reasonable legal grounds. Additionally, we are available to support non-EU family members of EU citizens; alongside them, we work on their separate but related routes under the scheme.
Our mission is to ensure your legal status in the UK is protected and that your path to settlement is easy and stress-free. At ISUK, you are more than a form-filler—you are securing the UK’s future with legal experts.
The most crucial difference is in the time of continuous residence in the UK of the persons. Settled status is permanent and is given to those who have been in the UK for at least five years. It is the Permanent Residence Status, which means you can stay forever without reapplying. Whereas pre-settled status is for a limited time—accorded to those with less than five years of stay—and upon the expiration of five years, it has to be changed into settled status for the stay to be permanent. Both confer the right to work, study, and use NHS services.
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Eligibility for pre-settled status requires compliance with several legal provisions. The primary condition is that the applicant must provide evidence of having resided in the United Kingdom before December 31, 2020. The same rules apply to citizens of the EU, EEA, Switzerland, and their eligible family members.
Proof of Residence
You have to prove beyond all doubt that you were a UK resident before the transition period of Brexit was over. Documents such as a contract of employment, rental agreement, pay slips, utility bills, or official letters can be used as evidence for this purpose. The Home Office states that at least one piece of dated evidence is necessary for each month covered by the period of residence.
Application Deadline
The official deadline for applications was June 30, 2021. However, your late application may still be accepted if you can demonstrate that you had valid reasons for not applying on time. These could be a serious illness, or not knowing because of age or vulnerability, or the fact that domestic abuse, or digital barriers have delayed you.
Ongoing Residence Requirement
If you are granted pre-settled status, you must continue to live in the UK. If you spend more than six consecutive months outside the UK in any 12 months, it may result in you losing the opportunity to upgrade your status later. However, if the absence is due to important reasons, such as giving birth, illness, study, or pandemic-related travel issues, the exceptions are in place.
Identity Verification
One of the conditions for applicants is also to prove that they are the ones whose passport or national ID card is used by submitting a digital photo. It is easiest for the Home Office if most applications are completed online, as this also allows them to check their records, which can make the process faster.
Failing to meet these criteria or providing insufficient proof can result in complications or even rejection. The law professional’s assistance ensures that one understands the requirements of the UKVI and thus can avoid making mistakes while conforming to the UKVI expectations.
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Many people make mistakes that are so severe that they can only be described as critical when they submit their documentation for the EU Settlement Scheme. It also applies to pre-settled status, which requires that all residence evidence be consistent and complete.
Key documents include:
- Valid passport or national identity card
- National Insurance records or payslips
- Utility bills or bank statements with UK addresses
- Tenancy agreements or council tax letters
- NHS appointment letters or school enrolment confirmation
Common mistakes include submitting undated documents, failing to provide consistent records over time, or relying solely on automatic checks that cannot find sufficient data. Missing parts in the application may result in either a delay or even a refusal. ISUK guarantees that your documents are in line with Home Office expectations and, if necessary, provides the legal expertise to fill any gaps.
Non-EU family members of EU, EEA, and Swiss citizens can apply to the EU Settlement Scheme if they have fulfilled the requirements. The list of eligible persons is to include spouses, civil partners, children, dependent parents, and other qualifying relatives.
Categories Include:
- Spouses and civil partners of EU nationals
- Children under 21, or dependent adult children
- Dependent parents or grandparents
- Durable partners (in long-term relationships but not married or in civil partnerships)
Such family members are to provide evidence that the relationship existed at least before 31 December 2020 (except in limited instances where the children were born or adopted after that date) and that they were living in the UK or that they had made plans to come to the UK to be with their EU family member.
Proof of the relationship, as well as proof of residence, must be provided.
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Any EU, EEA, or Swiss citizen who was living in the UK before 31 December 2020 but had not yet completed five years of continuous residence is eligible for pre-settled status. Eligible family members of those citizens also qualify if they were residing in the UK or had the right to join the family before the deadline.
The applicant must still be living in the UK and must not have broken their continuity of residence. Absences of more than six months in a year may disqualify applicants, unless an exception covers them. A complete and accurate history of UK residence is essential for eligibility.
Most applications for pre-settled or settled status are decided within five working days to one month. However, more complex applications, such as those with missing documents, relationship proofs, or criminal records, can take several months. If additional evidence is needed, the Home Office will contact you, which can delay the outcome. Having legal support can significantly reduce processing times by ensuring that all documentation is accurate from the outset.
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You can apply to switch from pre-settled to settled status once you have completed five years of continuous residence in the UK. You do not need to wait until your pre-settled status expires, and it is recommended to apply as soon as you become eligible.
To convert, you must show that you’ve maintained your residence without long absences. You will also need to provide updated evidence, including employment records, tenancy agreements, or utility bills covering the past five years. The process is online and free, but mistakes can affect your chances of approval. At ISUK, we assist in verifying your documents and guiding you through the conversion to settled status securely.
After applying for pre-settled status, most applicants receive a decision within a few weeks. The Home Office aims to process simple applications within five working days; however, more complex cases may take longer, particularly if additional evidence or clarification is required. If your case involves a late application, minimal records, or a complicated history, expect a longer timeframe. Legal advice helps reduce delays and ensures your application is prepared thoroughly the first time.
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Application Process: Can You Lose Pre-Settled Status?
Yes, you can lose pre-settled status. This may occur if you spend more than six months outside the UK in any 12 months, except in exceptional cases such as serious illness, childbirth, or study abroad. Losing your status could result in being unable to return to or remain in the UK.
Pre-settled status also expires after five years. If you do not apply for settled status before expiry, your right to remain legally in the UK may end. Therefore, tracking your timeline and applying for settled status on time is crucial. ISUK can help monitor your eligibility window and ensure you don’t miss the deadline.
FAQ
Frequently Asked Questions
Can I work in the UK with pre-settled status?
Yes, pre-settled status allows you to live and work in the UK without restrictions.
Can I still apply for pre-settled status after the deadline has passed?
Yes, if you have reasonable grounds for missing the deadline. Legal support is strongly advised in such cases.
Does pre-settled status lead to British citizenship?
Eventually, yes. After converting to settled status and holding it for 12 months, you may apply for citizenship.
Can I travel outside the UK with pre-settled status?
Yes, but avoid long absences that could affect your ability to upgrade to settled status.
Is pre-settled status permanent?
No, it lasts for five years and must be upgraded to settled status to stay in the UK long-term.
Do I need a lawyer to apply for pre-settled status?
Not legally required, but professional help significantly reduces the risks of refusal or delay, especially in complex cases.
