EU Settlement Scheme: Settled & Pre-Settled Status Guide

If you are a European Economic Area (EEA) national who was living in the UK along with your family by 31 December 2020, you may be eligible to apply to the EU Settlement Scheme to secure your residence rights. Once your application is approved, you will be granted settled or pre-settled status.

However, to be eligible as a person who was living in the UK by that date, you must have started living in the UK by 31 December 2020. Certain family members can also apply to join an eligible EU, EEA or Swiss citizen in the UK, even if they arrived after this date, provided they meet the relevant requirements.

Read the blog below to learn more about the EU Settlement Scheme along with the rights and benefits associated with it.

What is the "Settled" or "Pre-settled" Status?

The eligibility criteria for the EU Settlement Scheme depend on how much time you have spent living in the UK. To obtain the "settled" status, you will usually need to have lived in the UK for 5 years of continuous residence. If you have less than 5 years' continuous residence at the point you apply, you will usually be eligible for the "pre-settled" status.

You will not normally choose which status you receive. The status you are granted usually depends on how long you have been living in the UK when you apply. In certain circumstances, you may also be eligible for settled status before completing 5 years of continuous residence.

Rights Included with "Settled" and "Pre-settled" Status

• If you have the "settled" status, you can spend up to 5 years in a row outside the UK, the Channel Islands or the Isle of Man without losing your status. Swiss citizens and their family members can usually spend up to 4 years in a row outside these areas.
• If you have the "pre-settled" status, you must maintain the required continuous residence in the UK. You will lose your "pre-settled" status automatically if you spend more than 5 years in a row outside the UK, the Channel Islands or the Isle of Man.
• However, time spent outside the UK may affect whether you meet the continuous residence requirements for applying for the "settled" status later.
• You have access to work, healthcare, education and certain public funds and pensions in the UK, provided you meet the relevant eligibility requirements.
• You can travel to and from the United Kingdom with a valid passport or travel document. Your current passport or travel document should be linked to your UKVI account so that your digital status can be checked when you travel.
• Eligible close family members can still join or remain with you in the UK if they meet the relevant requirements. Generally, the family relationship must have existed by 31 December 2020, although there are different rules for children born or adopted after that date and certain other circumstances.
• After having the "settled" status for 12 months, you can usually apply for British citizenship if you meet all the other citizenship requirements.

Are Automatic Extensions Allowed for "pre-settled" status?

If you already have "pre-settled" status, your status will usually be automatically extended by 5 years just before it is due to expire. You should receive an email informing you when this happens.

After your pre-settled status has been extended, it may also be automatically converted to settled status if the Home Office can confirm that you meet the relevant requirements. You can also apply for the "settled" status yourself as soon as you are eligible.

The Home Office may cancel an extension if it determines that you no longer meet the requirements.

What Documents are Necessary for the Settlement Scheme?

The EU Settlement Scheme application is free. The key eligibility requirements under the Settlement Scheme include proving your identity and continuous residence in the UK, where applicable.

For the EU Settlement Scheme, you may need to have the following documents at hand. These include:

• Your current valid passport
• National identity card with biometric chip, where applicable
• Proof of continuous residence
• Proof of your relationship to an eligible family member, where applicable
• Evidence of reasonable grounds if you are making a late application, where required

You can usually scan and submit your evidence through the online application process. In some circumstances, you may be asked to provide an original document or a certified English translation

When is it Necessary to Apply for the Settlement Scheme?

If you do not have both the "settled" and "pre-settled" status, the main deadline to apply was 30 June 2021. However, you must have started living in the UK by 31 December 2020 if you are applying based on your own residence.

In some cases, you can apply late if you have reasonable grounds for not applying by the relevant deadline. Certain family members can also apply to join an eligible EU, EEA or Swiss citizen in the UK after 31 December 2020 if they meet the applicable requirements.

If you have the "pre-settled" status, you can apply for the "settled" status as soon as you are eligible and have completed the required continuous residence. You do not have to wait until your pre-settled status is close to expiring.

How and Where to Apply for the EU Settlement Scheme?

You can apply for the EU Settlement Scheme through a digital application process.

• Applications are made online, while the necessary documents and proof of ID must be provided by post, in person, or via an online app.
• The Government has already released a comprehensive step-by-step guide on how to apply for the Settlement Scheme, including where to find your nearest location offering ID document scanning and how to get Assisted Digital support if necessary.
• You can usually apply for the EU Settlement Scheme from inside the UK.
• Eligible applicants can also apply from outside the United Kingdom. If you are applying from outside the UK, you must meet the relevant requirements and use the appropriate identity document and online process. In some cases, an EU Settlement Scheme family permit may be required before travelling to the UK.

You can easily apply for the EU Settlement Scheme from inside the UK. Applicants can also apply from outside the United Kingdom. However, applications from outside the UK must be submitted through the online app since you will be unable to post your identity document to the UK for verification.

How to Prove Your Continuous Residence in the United Kingdom?

The application form will ask for a National Insurance Number and will complete an automated check to determine whether you are eligible for the "settled" or "pre-settled" status. If you do not have a National Insurance Number or if the automated check does not determine that you are eligible, you can use other documents to demonstrate your continuous residency in the UK.

• You can take copies of the documents. Original documents are not necessary.
• The evidence does not need to cover your entire residence in the UK. It must be enough to show whether you qualify for the "settled" or "pre-settled" status.
• Documents with a single date will count as evidence for one month. They can also be used to cover a longer period if they have start and end dates covering a period of more than 1 month.
• Evidence that covers a longer period of time includes:
  • A valid permanent residence
  • Annual bank statements
  • P60
  • Council tax bill
  • Certificate of Degree or yearly transcript
  • Rental agreements
  • Evidence of Payment
  • Letter of Student Status
• Evidence that covers a shorter period of time includes:
  • Utility bills
  • Monthly bank statements
  • Payslips
  • Letter from your GP

Note: You may be asked to provide further evidence if the documents you provide do not sufficiently demonstrate when you started living in the UK or whether you meet the continuous residence requirements.

What Happens if you Break your Continuous Residence Period?

If you have been outside the UK for more than 6 months in any 12-month period, this can normally break your continuous residence. However, there are certain exceptions for important reasons, such as childbirth, serious illness, study, vocational training, an overseas work posting or certain COVID-19-related circumstances.

If you are applying for the "settled" status, you must meet the applicable continuous residence requirements. If your absence does not fall within an allowed exception, the period of continuous residence may need to start again when you return to the UK.

If you have "pre-settled" status, you must continue to meet the relevant residence requirements. You can lose your pre-settled status automatically if you spend more than 5 years in a row outside the UK, the Channel Islands or the Isle of Man.

In Such cases:

• If you have "pre-settled" status and no longer meet the requirements when it expires or is cancelled, you may require a visa to continue living, studying or working in the UK.
• If you do not have "pre-settled" or "settled" status, you may require appropriate immigration permission before you come to or remain in the UK

What to Do After Your Application is Submitted?

To provide further information, you must check your emails and phone calls regularly. The Home Office may contact you directly if they have any queries regarding your application or need any further evidence from you.

Once your application is successful, you will receive a decision letter via email or post confirming your "settled" or "pre-settled" status. The letter itself cannot be used to prove your status.

You will also receive an eVisa, which is a digital record of your identity and immigration status. You can use the online service to view and prove your status and share your status with relevant organisations when required.

Note: If your application is refused or rejected, you should check the information provided with the decision and consider the appropriate next steps, including whether you have a right to challenge the decision or make another application where eligible.

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How to Get Support With the EU Settlement Scheme?

Under the EU Settlement Scheme, applicants can seek support if they require advice related to their application. If you require help, you can review the official requirements, check the documents needed and seek appropriate professional assistance to understand the application process and discuss your issues, if any.

Important Points to Remember for the Process

Here are a few points to keep in mind for the overall EU Settlement Scheme process.

• If the details you provided at the time of your Settlement Scheme application have changed, you must update these to view and prove your rights to certain individuals, such as employers or landlords.
• You can use government online services if you have applied to the EU Settlement Scheme or if you have changed your:
  • Mobile phone number
  • Email address
  • Name
  • Identity documents
  • UK address
• You can also use this service if you are waiting for a decision and have changed your email address or contact details.
• If you fail to provide the correct contact details, you might not get important updates about your application or status.
• You should keep your identity documents and personal information up to date on your UKVI account.
• If you have a new passport or identity document, you should update your UKVI account so that your digital immigration status is linked to your current document.

Conclusion

The EU Settlement Scheme plays a major role in protecting the rights of eligible EU, EEA and Swiss citizens and their family members who wish to continue living in the United Kingdom. Understanding the difference between "settled" and "pre-settled" status, meeting the eligibility requirements and keeping your immigration status up to date can help you avoid unnecessary complications.

If you are eligible, ensuring your status is secure is an important step towards maintaining your right to live, work, study and access essential services in the UK easily.

If you are facing any issues, you can take help from the Visament website. They have trained professionals who can help you with your EU Settlement Scheme application.