Pre-Settled Status under the EU Settlement Scheme gives Limited Leave to Remain in the UK to EEA and Swiss nationals and their family members. This confirms the right to live in the UK for a period of 5 years from the date the status is granted.
In order to apply for Limited Live to Remain under the EU Settlement Scheme, you will need to meet some general requirements depending on whether you are an EEA or Swiss national or a family member of one.
Pre-Settled Status Requirements for EEA and Swiss nationals:
- You are a citizen of a qualifying country as listed here: https://www.gov.uk/eu-eea
- You started living in the UK by 31 December 2020
Pre-Settled Status Requirements for non-EEA or Swiss Family Members:
You may be eligible to apply for Limited Leave to Remain under the EU Settlement Scheme if you are a family member of an EEA or Swiss national and you meet the following requirements:
- You started living in the UK by 31 December 2020. You may still be eligible to apply if you come to the UK after 31 December 2020 as a close family member of an EEA or Swiss national if your relationship with them commenced prior to 31 December 2020 and you are still in the relationship on the date of application. If you are a spouse or civil partner of a Swiss national you may be eligible if you start living in the UK by 31 December 2025 and your relationship began between 31 December 2020 and 31 December 2025.
- You are in a relationship with the EEA or Swiss national as their:
- spouse
- civil partner
- unmarried partner
- child (under 21 years old)
- grandchild (under 21 years old)
- great-grandchild (under 21 years old)
- dependent child (over the age of 21)
- dependent parent
- dependent grandparent
- dependent great-grandparent
- dependent relative
- You are related to the Spouse or Civil Partner of the EEA or Swiss national as their:
- child (under 21 years old)
- grandchild (under 21 years old)
- great-grandchild (under 21 years old)
- dependent child (over the age of 21)
- dependent parent
- dependent grandparent
- dependent great-grandparent
- dependent relative
Where you may not meet the above requirements, there are some circumstances which you may still qualify:
- You are separated from your EEA or Swiss national family member
- Your EEA or Swiss national family member has died
- You are the family member of a British citizen who also has EEA or Swiss citizenship, and who lived in the UK as an EEA or Swiss national prior to acquiring British citizenship
- You are the family member of a British citizen and you lived in an EEA country together (outside of the UK), via the ‘Surinder Singh’ route
- You used to have an EEA or Swiss family member living in the UK
- You are the primary carer of a British, EEA or Swiss national
- You are the child of an EEA or Swiss national who used to live and work in the UK or the child’s primary carer
Path from Pre-Settled to Settled Status
After 5 years, you may apply for Settled Status (Indefinite Leave to Remain). Depending on your relationship or immigration history, we can assess if you may apply earlier than the completion of 5 years’ period. See our guide to Settled Status here.
Frequently Asked Questions
When is the deadline to submit an application under the EU Settlement Scheme as an EEA or Swiss national?
For EEA and Swiss nationals, the deadline to submit an application under the EU Settlement Scheme is 30 June 2021. Nevertheless, it is advisable to apply by the end of 2020 to ensure that you can prove that you were in the UK by 31 December 2020.
What is the Home Office fee for Limited Leave to Remain application under the EU Settlement Scheme?
The Home Office does not currently charge a fee for Limited Leave to Remain applications under the EU Settlement Scheme. Please see the latest updates here https://www.gov.uk/settled-status-eu-citizens-families
Can I lose my Limited Leave to Remain under the EU Settlement Scheme?
You can lose your Limited Leave to Remain under the EU Settlement Scheme if you spend
more than 2 consecutive years outside the UK.
What will I need to prove in order to apply for Limited Leave to Remain under the EU Settlement Scheme?
For EEA or Swiss nationals, you will need to prove your identity, nationality, residence in the UK.
For family members of EEA or Swiss nationals, you will need to prove all relevant identities, nationalities, UK residence and qualifying relationship. Additionally, if you do not hold a Biometric Residence Card, you will also need to enrol your biometric information (i.e. fingerprints and a photograph).
As a QC Immigration client, you will benefit from a tailored document list to guide your preparation and help you provide the relevant evidence needed.
Examples of Our Successful Pre-Settled Status 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 with the to prove relationship and residence, before submitting the application 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 was unable to obtain all the necessary documents from her ex-partner. We advised the client with 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.
If you would like to learn more about how we can help you to secure Pre-settled Status under the EU Settlement Scheme application, please call 02036378633 or email info@qc-immigration.com today.
