You can live, work, and study in the UK for as long as you like, and you’re not restricted from entering or departing the country by immigration laws if you have settled status in the UK.
The fact that the UK is now your home may also help you feel more at ease. In addition, settled status is a fantastic pathway that provides access to British citizenship.
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Since the UK left the EU at the end of 2020, and with the closure of the EU settlement scheme to new applications, we’ll look at the rights you have with a settled status in the UK.
We’ll also discuss the settled and pre-settled status and check out some frequently asked questions.
What Rights Do I Have in the UK with Settled Status?
As per the regulations prior to the transition phase, those who are given settled or pre-settled status will continue to have the same rights to work, study, and access healthcare, pensions, and other benefits in the UK.
In addition, individuals holding either settled or pre-settled status under the EU settlement program are permitted to leave the UK for a maximum of five years before their status is automatically lost.
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Children born in the UK to those who have been granted settled status will be British citizens.
What is the Settled Status Under Appendix EU?
Appendix EU of the UK Immigration Rules provides the foundation for granting indefinite leave to enter or remain in the UK for EEA and Swiss nationals, and their families.
When an application is submitted from outside the UK, indefinite leave to enter (ILE) is granted; when an application is submitted from within the UK, indefinite leave to remain (ILR) is given.
By means of the Immigration Rules, Appendix EU effectively enforces the Brexit Withdrawal Agreement while safeguarding the rights of Swiss and EEA nationals.
The terms “ILE” and “ILR” in these regulations relate to achieving settled status. Limited permission to leave or remain, on the other hand, indicates pre-settled status.
Any foreign resident with settled or pre-settled status will be guaranteed the right to live and work in the UK and access housing, education, and health services, including free NHS healthcare. They will also be able to collect state benefits when they are qualified.
What is Settled Status Under the EUSS?
For qualified EEA and Swiss nationals and their family members who can demonstrate continuous residency in the UK for a minimum of five years, settled status under the EUSS is the granting of indefinite leave.
Thus, the successful candidate will have permanent access to benefits and healthcare services, as well as the ability to live, work, study, and rent real estate in the UK with settled status.
Most EUSS applicants had to submit their applications by June 30, 2021. However, pre-settled individuals might still do so after five years of continuous residency.
Additionally, there are a few specific situations when a fresh application to the program may still be submitted. Let us take the example when a person or a family member is a citizen of the European Union, Switzerland, Norway, Iceland, or Liechtenstein.
In that case, individuals may still apply to the EUSS provided they, or a family member, were residents of the UK as of 11 p.m. on December 31, 2020.
And they must either:
- Fulfill the requirements for an extension of the application deadline, which allows a variety of individuals to submit a legitimate application even at this late date.
- Possess justifiable reasons, such as being a victim of domestic abuse or having medical concerns, for not applying by the deadline of June 30, 2021.
If approved, the applicant would receive either pre-settled status or settled status, depending on how long they had been in the UK.
If the applicant has already lived continuously for five years, they will be granted settled status without having to pick which status they want.
The applicant must be able to demonstrate that they have lived in the UK, the Channel Islands, or the Isle of Man for at least six months out of every twelve months for the past five years.
When calculating the five years of continuous residence, the day of any residence is taken into account, not the day the individual was given pre-settled status.
Settled Status Absences that Don’t Count
When attempting to establish settled status, the following absences of more than six months in a calendar year will not be considered a break in lawful continuous residence:
- One 12-month stay abroad for a compelling cause, such as a life-threatening sickness, childbirth, education or training for a career, a posting to work abroad, or a coronavirus
- Mandatory military duty abroad for any duration of time
- Time served abroad as a Crown servant or a member of a Crown servant’s family
- Time that was spent serving overseas, either as a member of the armed forces or as a family member of a service member.
- Operating in the marine sector of the United Kingdom
Applying to Switch to Settled Status
To apply to switch to settled status, you’ll need:
- Your identity document – Your passport, national identity card, biometric residence card, or permit
- A mobile number
- An email address
- Your National Insurance Number
- Find out what proof you can provide if you’re applying on behalf of a child or another family member.
You might need proof of how long you’ve lived in the UK if the Home Office can’t verify this from your National Insurance Number.
What is Pre-settled Status?
When the settlement system was open for applicants, full settled status was usually awarded to individuals who had continuously resided in the UK for five years or longer.
On the other hand, the applicant would have been given pre-settled status if they had begun residing in the UK by December 31, 2020, and had applied by June 30, 2021, if they had been in the country for less than five years.
Those with pre-settled status were first granted restricted leave to enter and stay in the UK for five years, after which they had to reapply under the EUSS for indefinite leave to enter and remain.
The High Court deemed This requirement unlawful, and new Home Office guidance was issued in July 2023, changing the rules for pre-settled status holders’ upgrading’ to full settled status.
Frequently Asked Questions
What to do if your application fails?
If you believe an error was made and you do not receive settled status, you may be able to ask for an administrative review on GOV.UK. The fee is £80, and if the decision is overturned due to an error, you will receive your money back.
Does settled status expire?
Permission to stay in the UK indefinitely is granted by settled status. However, if you leave the UK for longer than five years, you will lose your settled status.
Can I apply for a British passport with settled status?
You must be a citizen of the United Kingdom to apply for a British passport.
EU nationals must demonstrate that they have been in possession of indefinite leave to remain, which includes lawful status under the EUSS, for the necessary amount of time.
Can you get British citizenship with settled status?
After obtaining settled status under the EUSS, a foreign person may be qualified to apply for British citizenship naturalization after fulfilling all other requirements and completing the necessary residency duration.
Unless they are married to a British citizen, in which case this 12-month requirement does not apply, the applicant must typically have resided in the UK for 12 months after being awarded established status to apply for citizenship with settled status.
What if you’ve missed the EU settled status deadline?
Numerous EU nationals with indefinite leave status have been living legally in the UK for a number of years.
However, if this is unclear from their passports or other old-style documentation, or if they no longer have any official proof of their indefinite leave, they may worry about whether they are still living lawfully in the UK following Brexit.
The good news is that many people can now use a Biometric Residence Permit (BRP) to verify their status by submitting a free No-Time-Limit (NTL) application.
Does settled status mean permanent residence?
Settled status means you can reside in the UK for as long as you like. This will also give you the right to work, study, rent property, access benefits and healthcare services, including the NHS.
How long is settled status valid for?
The grant of settled status gives a person the right to live in the UK indefinitely. It also means they can apply to naturalize as British citizens after 12 months.
What are the rules for settled status?
To be eligible for settled status under the EU Settlement Scheme (EUSS), you must have lived in the UK legally for 5 years.
How long does settled status last?
UK settled status is indefinite but may be lost if you are absent from the UK for more than five years.