The settled or pre-settled status will allow you and your family members to continue to live in the UK after December 2020.
Applications for EU Settled Status and Pre-Settled Status in the UK will open in 2019
You will not need to apply for these statuses if you:
However, your family members from outside the UK and Ireland will need to apply for permission to enter and live in the UK.
The residence rights for the citizens of Norway, Iceland, Liechtenstein and Switzerland are still being negotiated.
The EU Settled Status Scheme will open fully by March 2019 when the UK finally leaves the EU and Brexit takes effect.
Yes, the deadline for applying for settled status will be 30 June 2021. However, you may be able to apply after this date if you’re joining a family member with settled or pre-settled status in the UK.
Yes, the following fees will be applicable to the settled status applications:
You’ll not have to pay a fee if you:
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:
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.
Any children born in the UK to someone with a settled status will automatically be British citizens.
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.
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:
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:
Settled or pre-settled status will allow you to:
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.
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.
The following scenarios may make it possible for you to apply for Settled Status before you complete 5 years’ residence in the UK if you:
Yes, you will have the right to appeal the refusal decision if you apply after 29 March 2019. You may also make further applications before 30 June 2021.
Should I wait for the EU Settlement Scheme to open?
It’s entirely up to you. However, given the uncertainty surrounding Brexit negotiations, it makes more sense to apply for something that you are entitled to today than to wait until the EU Settlement becomes available.
If you are an EEA national or a family member of one, you may be able to apply now for a EEA Family Permit, EEA Residence Card, EEA Registration Certificate, EEA Permanent Residence, EEA Retained Rights, EEA Derivative Rights, or even British citizenship.
What are you waiting for? Book your consultation with us now by clicking here so our specialist EU lawyers can advise you on your eligibility and the way forward to protect your right to reside and work in the UK.