Apply for Settled Status under the EU Settlement Scheme

If you are in the UK with Pre-Settled Status under the EU Settlement Scheme, you may be eligible to switch to Settled Status. Settled status gives you proof that you have the right to live in the UK permanently and you can usually apply for British citizenship once you’ve settled for 12 months. 

What is Settled Status?

Following the Brexit Withdrawal Agreement, Appendix EU of the Immigration Rules provides the framework for individuals applying for limited (pre-settled status) or indefinite (settled status) leave in the UK.

Settled status is similar to Indefinite Leave to Remain (ILR), in other words, permanent residence. It allows individuals to live in the UK permanently, upon completion of a residence period of 5 years. 

Upon obtaining settled status, individuals can live and work in the UK without any time restrictions, access public funds and services including NHS healthcare, and travel freely in and out of the country. 

There is no deadline if you are applying for settled status. After holding settled status for 12 months, individuals may apply for British citizenship, unless married to a British citizen, in which case may apply for citizenship sooner.

Children born in the UK to those who have been granted settled status will be British citizens.

Requirements for Settled Status

Most applicants now eligible to apply for Settled Status will already have been granted Pre-Settled Status. To switch from pre-settled to settled status, applicants must demonstrate five years of continuous residence in the UK. Continuous residence generally means that the applicant has lived in the UK for at least six months in any 12 months over the five years, with some exceptions for serious illness, study, or compulsory military service.

You may apply to switch when you have lived in the UK for a continuous 5 years. The 5-year residence period is counted from the day you started your continuous residence, not the date you were granted pre-settled status. For example, if you began living in the UK on 25 July 2019, you will be eligible to apply for settled status on 24 July 2024. 

If you were living in the UK by 31 December 2020 and fall into one of the following categories, you may apply to switch from pre-settled to settled status:

• EU, EEA, and Swiss Citizens: This includes citizens of EU countries, Iceland, Liechtenstein, Norway, and Switzerland.
• Family Members of EU, EEA, and Swiss Citizens: This includes:
  • Non-EU family members such as spouses, civil partners, long-term partners, dependent children or grandchildren, and dependent parents or grandparents.
  • Relatives of an EU, EEA, or Swiss citizen (including Irish citizens) who did not need to apply.
  • Those with EU, EEA, or Swiss nationality and a British citizen family member.
  • Family members who have retained the right of residence due to the end of a relationship with an EU, EEA, or Swiss citizen (e.g., due to separation or death).
• Certain Other Categories: This includes:
  • Individuals who have a derivative right to reside, such as primary carers of British citizens.
  • Individuals with a Zambrano right to reside.
  • Children of an EU, EEA, or Swiss citizen who used to live and work in the UK, or the child’s primary carer.

The requirements you need to meet will vary based on your circumstances. For tailored advice, consider consulting an immigration adviser.

How to apply for Settled Status

You’ll need to make a new application to the scheme to switch from pre-settled status to settled status. The application process for transitioning from pre-settled to settled status is designed to be straightforward, though it requires careful attention to detail to ensure all criteria are met.

• Timing of Application: Applicants can apply for settled status as soon as they reach the five-year continuous residence threshold. It is advisable to apply promptly to avoid any gaps in status.
• Evidence of Residence: The application must include evidence of continuous residence in the UK. Acceptable documents include payslips, utility bills, bank statements, tenancy agreements, or letters from employers or educational institutions. The evidence must cover the entire five-year period.
• Online Application: Applications are submitted online through the Home Office website. The process involves creating an account, completing the application form, and uploading the necessary documents. Applicants will also need to verify their identity using the EU Exit: ID Document Check app or by sending their documents to the Home Office.
• Processing Time: While the Home Office aims to process applications within five working days, more complex cases may take longer. Applicants are advised to check the status of their application regularly and respond promptly to any requests for additional information.

Applying for your child

Each child must have their application. You can apply for your child or they can apply for themselves. Children born in the UK may be eligible for British Citizenship by Registration.

Application Fee for EU Settlement Scheme Settled Status

There is no application fee for applying for Settled Status under the EU Settlement Scheme. Additionally, applicants are not required to pay the Immigration Health Charge.

Who Does Not Need to Apply to the EU Settlement Scheme?

You are exempt from applying to the EU Settlement Scheme if:

• You have been granted indefinite leave to enter or remain in the UK.
• You hold Irish citizenship, including those with dual British and Irish citizenship.
• You have British citizenship or are otherwise exempt from immigration control.
• You work in the UK but do not live here, known as a ‘Frontier Worker’. Instead, you should apply for a Frontier Worker Permit. However, non-EEA family members of Frontier Workers should apply to the EU Settlement Scheme.

Differences Between Pre-Settled Status and Settled Status

Pre-settled status was granted to individuals who have not yet lived in the UK for a continuous five-year period. It is a temporary status that allows the holder to reside in the UK for an additional five years from the date it is granted. The deadline to apply for pre-settled status was 30 June 2021.

Holders of pre-settled status can:

• Live and work in the UK
• Access healthcare
• Enroll in education
• Claim certain public funds, though these rights may be more limited compared to settled status holders.

Settled Status is granted to individuals who have completed a continuous five-year residence period in the UK. Unlike pre-settled status, settled status is not subject to residence requirements once granted. However, it can be lost if the individual remains outside the UK for more than five years. Settled status provides greater security and stability compared to pre-settled status.

How Do You Check EU Settled Status?

For employers recruiting an overseas national for a UK-based job, or landlords and letting agents letting residential property in England, right to work and right to rent checks are essential.

To conduct these checks:

• Obtain a Share Code: The individual with settled status under the EU Settlement Scheme (EUSS) generates a share code via their online account. This code can be emailed or given directly to the employer, landlord, or letting agent.
• Verify the Code: Input the share code and the individual’s date of birth into the online service. This will display the individual’s settled status, confirming their right to work or rent in the UK.

To avoid penalties for employing or renting to someone without the right to live in the UK:

• Take Copies and Record Dates: Ensure that copies of the checks are taken and the dates recorded.
• No Follow-Up Needed for Settled Status: Since settled status grants unlimited right to work or rent, no further checks are required.

Does Settled Status Expire?

A common question is how long settled status is valid for. Settled status grants indefinite permission to remain in the UK. However, if you leave the UK for more than five years, you will lose your settled status.

Can I Apply for a British Passport with Settled Status?

To apply for a British passport, you must hold British citizenship. EU citizens wishing to naturalise as British citizens need to prove they have had indefinite leave to remain, including lawful status under the EUSS, for the relevant qualifying period.

After obtaining settled status under the EUSS, an overseas national may become eligible to apply for British citizenship once they have met the required residency period and other citizenship requirements. Typically, this means living in the UK for 12 months after being granted settled status. However, if you are married to a British citizen, the 12-month residency requirement does not apply.

How we can help

Whether you need expert advice on the requirements for settled status, an independent assessment of your eligibility, or professional help with preparing an application, our team is here to support you.

We pride ourselves on being approachable and proactive, committed to understanding and addressing our clients’ needs. Our dedicated team provides clear and reliable immigration advice with a professional and friendly approach.

Contact our team on 0208 757 5751 or use our contact form. 

Frequently asked questions