Applying for EU Settled & Pre Settled Status

With a settled status or pre-settled status under the EU Settlement Scheme, you and your family members will be able to continue to live and work in the UK after 31 December 2020.

With a settled status you will be entitled to:

• ♠ stay in the UK permanently; and
• ♠ apply for British citizenship

Should I get legal advice on my application for pre settled or settled status?

As with any other legal matter, you should consider getting specialist legal advice and representation in your pre-settled or settled status application. Otherwise, you may end up making a costly mistake resulting in refusal of your application. That refusal may also complicate things further as any future application may also be impacted by the initial refusal.

Will I retain my Settled Status if I live outside the UK?

You should be able to spend up to 5 years outside the UK without losing your settled status. However, the British Parliament has yet to decide how long you’ll be allowed to live outside the UK without compromising your settled status. Currently, those with Permanent Residence and Indefinite Leave Remain are allowed to live outside the UK for a maximum of 2 years in a row. Parliament.

Will my future children have a Settled Status?

Any children born in the UK to someone with a settled status will automatically be British citizens.

What will a pre-settled status allow me to do?

A pre-settled status will allow you to stay in the UK for 5 years, after which you’ll be able to apply for a Settled Status provided you will have continuously lived in the UK for 5 years. Your continuous residence in the UK will break with an absence from the UK lasting for more than 6 months.

Will I retain my Pre-Settled Status if I live outside the UK?

You should be able to spend up to 5 years outside the UK without losing your pre-settled status. However, the British Parliament has yet to decide how long you’ll be allowed to live outside the UK without compromising your pre-settled status. Currently, those with limited leave to remain in the UK are allowed to live outside the UK for a maximum of 90 days in a year in most cases. Those with a Residence Card and Registration Certificate, however, are able to spend up to six months in a year outside the UK.

Continuous residence means you’ve lived in the UK for at least 6 months in each of the last 5 years, except for:

• ♠ one period of up to 12 months for an important reason (for instance, childbirth, serious illness, study, vocational training or an overseas work posting)
• ♠ compulsory military service of any length

Will my future children have a Pre-Settled Status?

Any children born in the UK to someone with a pre-settled status will automatically be regarded as ones with a pre-settled status. They will only be considered a British citizen if their other parent has:

• ♠ British citizenship; or
• ♠ settled status; or
• ♠ indefinite leave to remain in or enter the UK; or
• ♠ right of abode in the UK

What rights will I have with a settled or pre-settled status

Settled or pre-settled status will allow you to:

• ♠ work in the UK
• ♠ access healthcare via NHS
• ♠ study
• ♠ access public funds such as benefits and pensions, subject to eligibility
• ♠ sponsor family members to the UK after 31 December 2020
• ♠ returning to the UK

How will I prove my settled or pre-settled status

You’ll be able to get proof of your status through an online service. You will not get a physical document unless you’re a non-EU national and do not already have a biometric residence card.

Will I need Settled Status if I have a valid permanent residence document

Your permanent residence document will not be valid after 31 December 2020. You will however be able to swap your permanent residence document for settled status by applying to the EU Settlement Scheme. You will not have to pay or prove you have had 5 years’ of continuous residence in the UK at that point in time.