EU Settled Status
If you’re a European Union (EU) citizen and want to permanently stay in the UK, you and your family members will be able to apply for the settled status or the pre-settled status.
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
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:
- ♠ are an Irish citizen
- ♠ have indefinite leave to remain (ILR) in the UK
- ♠ have indefinite leave to enter the UK – for instance, you have a Returning Resident visa
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.
When can I apply for EU settled status?
The EU Settled Status Scheme will open fully by March 2019 when the UK finally leaves the EU and Brexit takes effect.
Will there be a deadline for Settled Status applications?
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.
Will there be any fees for Settled Status applications?
Yes, the following fees will be applicable to the settled status applications:
- ♠ £65 if you’re 16 or over
- ♠ £32.50 if you’re under 16
You’ll not have to pay a fee if you:
- ♠ have valid indefinite leave to remain in or enter the UK; or
- ♠ have a valid permanent residence document; or
- ♠ are applying to move from pre-settled status to settled status; or
- ♠ are a child in the care of a local authority
What settled and pre-settled status means
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
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.
Will it be possible to apply for a Settled Status before completing 5 years in the UK?
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:
- ♠ have to stop working because of an accident or illness
- ♠ reach State Pension age or retire early
- ♠ start work or self-employment in another EU country
- ♠ are the family member of an EU citizen who has unfortunately died
Will I have a right of appeal if my application is not successful?
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.
Get advice to protect your rights
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.
