Settled status / Pre-Settled status

EU Settlement Scheme

All EU citizens with the EU Settlement Scheme Status are entitled to live and work in the UK without any immigration restrictions. They are also able to bring their close non-EU dependants such as spouses, parents and children (even though the transition period is over).

The deadline for most people to apply to the EU Settlement Scheme was 30 June 2021 (late applications of EEA citizens are still accepted in some cases). If you or your family are from the EU, you can still apply if you or a family member were living in the UK before 31 December 2020.

Who has a later deadline to apply?

For some people, the deadline of 30 June 2021 does not apply. This is true if you’re one of the following:

• the family member of someone from the EU and you join them in the UK on or after 1 April 2021
• applying for your child, who was born or adopted in the UK on or after 1 April 2021
• the family member of an eligible person of Northern Ireland
• exempt from immigration control, or you stopped being exempt from immigration control after 30 June 2021
• here with limited leave to enter or remain in the UK (for example, if you’re here on a work or study visa) which expires after 30 June 2021
• a family member of a British citizen who you lived within the EU (you must have lived with them in that country by 30 December 2020, and returned to the UK with them).

So what is the difference between Settled and Pre-Settled status?

Settled status (or Indefinite Leave to Remain) is given to those who lived in the UK for a continuous 5-year period (known as ‘continuous residence’). Holder of such status can stay in the UK indefinitely without any immigration restrictions. Application for a British passport can be made after one year from the date the Settled status is granted.

Pre-settled status is given to those who does not have 5 years’ continuous residence at the date of the application. The applicant can stay in the UK for a further 5 years from the date pre-settled status was granted.

Absences: holder of the pre-settled status can spend up to 2 years in a row outside the UK without losing the status. However, continuous residence in the UK should be maintained in order to qualify for the settled status in the future.

Holder of a Settled Status can spend up to 5 years in a row outside the UK without losing the status. However, in order to qualify for a British citizenship, the applicant should demonstrate continues residence in the UK for the last 5 years before the application.

Close family members of the EU nationals still can join them in the UK after 30 June 2021 (if the family relationship existed before 31 December 2020). They are eligible to apply for the EU Settlement Scheme Family Permit from outside the UK and then they’ll need to apply to the EU Settlement Scheme once they’re here.

Our immigration specialists will advise you which route is the best for you and your dependants based on your personal circumstances.