EU Settlement Scheme Pre-Settled Status

What is Pre-Settled Status

As a result of the United Kingdom's departure from the European Union, the EU Settlement Scheme was established to ensure that the citizens of the European Economic Area (EEA) and Switzerland, as well as their family members, who had been legally residing in the UK, can continue living and working in the country after Brexit. Part of UK immigration law, this scheme grants settled and pre-settled status, allowing individuals to maintain their rights and access to public services.

Difference between Pre-Settled and Settled Status

Pre-settled status is a temporary UK immigration status for EU, EEA, and Swiss citizens (and their family members) who have lived in the UK for less than five years before December 31, 2020. It is valid for five years, but individuals must apply for settled status after this period to continue residing in the UK. On the other hand, Settled status is a permanent status for those who have lived in the UK for at least five years. Settled status does not require reapplication and provides full rights to live, work, access healthcare, and claim welfare benefits. Settled status holders can also apply for UK citizenship after one year, while pre-settled status holders must first transition to settled status before being eligible.

Benefits of Pre-Settled Status

Pre-settled status secures your right to live, work, and access public services in the UK. It also serves as a stepping stone towards settled status (indefinite leave to remain), which can lead to British citizenship applications.

Holders of pre-settled status can work in the UK without restrictions, access free healthcare through the NHS, and enrol in education and study at UK institutions.

Access to Public Funds

If eligible, individuals can access public funds, including benefits like pensions, Personal Independence Payment (PIP), Disability Living Allowance, Attendance Allowance, and Carer’s Allowance.

Travel Flexibility

Pre-settled status allows free travel in and out of the UK without additional visa requirements.

Residence Requirement

Pre-settled status counts towards the residence requirement for various benefits, making it easier for individuals to meet the criteria for certain UK entitlements.

UK Born Children

Children born in the UK to parents with pre-settled status will automatically qualify for pre-settled status.

Who is Eligible for Pre-Settled Status?

The deadline for most people to apply for pre-settled status was June 30, 2021. However, you can still apply if you have a different deadline or "reasonable grounds" for applying late. Reasonable grounds may include situations such as being a victim of domestic abuse or suffering from a serious illness.

Examples of different deadlines include being a family member of someone from the EU or specific countries, applying for a child born or adopted after April 2021, being a family member of someone from Northern Ireland, or being exempt from immigration control.

Residency Requirements

Your eligibility to apply for pre-settled status depends on when and how long you resided in the UK. You must be an EU, EEA, or Swiss citizen and have been resident in the UK by 31st December 2020. Depending on the length of time, you will apply for either pre-settled status or settled status.

Pre-settled status is for those who have been residing continuously in the UK for less than five years before 31st December 2020. Once granted, it will allow you to continue living, working, and accessing public services in the UK. Pre-settled status is a temporary status, typically granted for five years. After 5 continuous years of residence in the UK under this scheme, you can apply for settled status - provided you meet the eligibility requirements.

Settled status is for those residing continuously in the UK for five years or more before 31st December, 2020. Settled Status, also known as Indefinite Leave to Remain, gives you the right to reside and work in the UK permanently.

Family Members and Dependents

Family members of eligible citizens may also apply, regardless of their nationality, as long as they can prove their family relationship. Even if they began living in the UK after December 31, 2020, they may still be eligible to apply, provided their relationship was established prior to this date.

The family members eligible for pre-settled Status include:

• Spouse
• Civil partner
• Unmarried partner
• Children, grandchildren, great-grandchildren under 21 years old
• Dependent children over the age of 21
• Dependent parents, grandparents, great-grandparents
• Dependent relatives

Exceptions for Swiss citizens can also be included here.

Required Documentation

When applying for pre-settled Status, you will need to provide the following as part of your application:

• Official ID: A valid passport, national identity card, or Biometric Residence Permit (BRP).
• Digital Photo: Required if you are not submitting a BRP.
• Proof of Continuous Residence: Evidence that you have lived in the UK continuously, starting before 31 December 2020.
• Family Member Applications: If applying as a family member, you must provide proof that your family member’s UK residence began before 31 December 2020.
• Late Applications: If applying after the 30 June 2021 deadline, you must submit evidence of a different deadline or explain your “reasonable grounds” for the delay.

Evidence of Residence

When applying for pre-settled Status, you must provide evidence covering the required period for continuous residence. This includes a document dated within the last six months to prove that you have not broken your residence. All documents must be official, dated, and include your name. There is no definitive list of acceptable evidence, as the Home Office reviews each application on a case-by-case basis, and the required documentation may vary depending on whether you are showing a longer or shorter period of residence.

Acceptable forms of evidence include:

• National Insurance number
• Annual bank statement
• Signed letter from your employer
• Dated and addressed council tax bill
• P60 or P45
• Recent payslip
• Utility bill (water, gas, electricity) showing a UK address
• Letter from your GP

Fees

Applying to the EU Settlement Scheme is free of charge.

Processing Times

Once an application is submitted, you should have an answer back from the Home Office within 6 - 8 weeks.

Do note that the Home Office may experience administrative delays due to the volume of applications since Brexit. Therefore, it is essential to ensure you present a strong application that will ensure the decision-maker is on time and that you have an excellent Legal Representative to follow up on your progress.

How to Apply for Pre-Settled Status

Applying for pre-settled Status can range from straightforward to more complex depending on your circumstances, especially for those submitting a late application.

This can be daunting, but with friendly and helpful legal support, it doesn’t have to be a total headache. Here’s a quick checklist to give you a roadmap of the journey as circumstances differ broadly.

All applications are made online via the government website.

1. Check Your Eligibility
   Review your eligibility based on your residency status and any family connections.
2. Gather Necessary Documents
   The required documents will vary depending on your situation, but they generally include:
   • Proof of Identity (valid passport, national ID card, or BRP)
   • Evidence of continuous residence in the UK
   • Evidence of eligibility
   • Evidence of "reasonable grounds" if applying after the deadline
   • A criminal background check (UK or overseas)
3. Complete the Online Application Form
   All applications are made through the UK government website.
4. Verify Your Identity
   You can verify your identity using the EU Exit: ID Document Check app or by submitting documents by post.
5. Upload Documentation
   You can upload up to 10 documents as evidence of your UK residence. Each document should be no larger than 6MB.
6. Submit Your Application
   Once you've completed the steps above, submit your application to the Home Office online.

Applying for pre-settled status outside the UK

If you are from the EU, Switzerland, Norway, Iceland, or Liechtenstein, you can apply from outside the UK with a valid passport or biometric national ID.

For other nationalities, you can apply if you hold an unexpired UK-issued biometric residence card. Otherwise, you’ll need an EU Settlement Scheme family permit to enter the UK, where you can apply.

What Happens After You Apply

Once your application is submitted, the Home Office will review your documentation and verify your identity. If your application is valid, you will receive a certificate of application, which outlines your rights while awaiting a decision on your pre-settled status. This certificate allows you to live and work in the UK during the review process.

If your application is successful, you will receive a letter by post or email confirming whether you have been granted pre-settled or settled status. However, it's important to note that this letter does not prove your status.

Successful applications can live and work in the UK for up to five years.

Refusals

When you receive a decision from the Home Office, you will receive a letter indicating whether you can reapply or appeal the decision. If your application is rejected, you have the right to appeal the decision or reapply, provided you can address the issues that led to the rejection.

Understanding and addressing the reasons for refusal before deciding on the next step is crucial for a successful outcome. In many cases, overcoming a refusal requires gathering additional information, as the initial evidence provided may have been insufficient.

If your application has been refused, you have the right to appeal to the First-tier Tribunal (Immigration & Asylum Chamber). This involves a formal process where your case is presented to a judge. The appeal must be filed within 14 days if you are in the UK or within 28 days if you are outside the UK.

Alternatively, you may request an administrative review. This process allows an official to reassess your application to determine if an error was made during the initial assessment. You must submit a formal request within 28 days of receiving the refusal decision. The review will only consider the evidence submitted with your original application, so it’s vital that your initial submission is thorough and accurate.

Common Reasons for Refusal

• Failure to meet eligibility criteria
• Inadequate evidence to support eligibility
• Inability to prove residence in the UK before the 31 December 2020 deadline
• Being subject to a deportation or exclusion order at the time of the decision
• Submitting inaccurate or misleading information, representations, or documents

QC Immigration has years of experience helping clients overcome rejections or refused applications. We can carefully review the reasons for refusal outlined in the decision letter and advise on the next best step forward.

Transitioning from Pre-Settled to Settled Status

Once you receive pre-settled status, it is valid for 5 years. You can apply to switch to settled status after continuously residing in the UK for at least five years.

If you apply for settled status after your pre-settled status expires, your pre-settled status will usually be extended. On May 22, 2024, the Home Office extended the automatic extension period from 2 to 5 years. You do not need to apply for this extension—it will happen automatically, and the Home Office will notify you of the extension 2 months before your pre-settled status expires.

Once granted settled status (also known as permanent residence), you will have the right to live, work, and study in the UK indefinitely. You can also access public services such as the NHS and, if eligible, apply for British citizenship.

QC Immigration: Successful Pre-Settlement Cases

• A Canadian client resided in the UK as the spouse of an EEA national who did not work in the UK and did not have a National Insurance number. We customised a document list to prove the relationship and residence before applying with the client. As a result, he was granted Limited Leave to Remain under the EU Settlement Scheme.
• A Russian client was previously married to an EEA national and resided in the UK as his spouse. The couple separated, and our client could not obtain all the necessary documents from her ex-partner. We gave the client suitable alternatives and presented strong legal arguments to the Home Office. We were quickly successful in obtaining Limited Leave to Remain under the EU Settlement Scheme.

Get Help With Pre-Settled Status

Now that the official deadline for applying for pre-settled status has passed, many applicants have additional questions and concerns. At QC Immigration, we offer a comprehensive immigration advice service covering all aspects of UK immigration, from pre-settled to settled status and guiding you towards British citizenship.

If you're seeking expert immigration advice and support throughout the process, please get in touch with us to discuss your needs and how we can assist you.