EU Settled Status

1. What is Settled Status and Pre-Settled Status?

• To apply for Settled Status through the EU Settlement Scheme you should have 
 moved to or started residing in the UK by the conclusion of the Brexit transition 
 period, which is December 31, 2020.

Settled Status and Indefinite Leave to Remain (ILR) are comparable in that they both let you reside, work, use the NHS, and come and go from the UK whenever you like. You won’t need to fulfil any other immigration requirements or apply for a UK visa once you have this type of permanent residency.

The status you will have—Settled or Pre-Settled—depends on how long you have been in the United Kingdom.

As of December 31, 2020, you had to be a regular resident of the UK and have maintained “continuous residency” for a minimum of five years to be eligible for Settled Status. The five-year limit is essential because, beginning of June 2021, those who have been in the UK for less years than this will be granted Pre-Settled Status.

It is important to remember that if you have been out of the UK for an extended amount of time, your continuous residency may be questioned. You must not have been out of the UK for more than 12 months at a time throughout your 5-year period to be eligible unless you can demonstrate that your absences were due to circumstances beyond your control or that you have a compelling reason. The Home Office, for example, will grant you an exemption if you were studying, had a medical emergency that required you to leave the UK, were a Crown servant, or had been in the military.

You will be granted a Pre-Settled status if you are unable to maintain continuous residency for the complete five years. You can move to Settled Status following five years of continuous stay in the UK with this type of authorization. Since this is not an automated process, you will have to apply to make a shift.

2. What is the EU Settlement Scheme?

Due to the post-Brexit immigration regulations, the EU Settlement Scheme is a temporary mechanism designed to register all European residents and their family members. Although it is only temporary, a switching period has been notably extended in order to provide all residents with a simple opportunity to apply.

EU nationals can live and work in the UK with ease knowing that they have either Settled or Pre-Settled Status, which protects them from being ordered to leave the country or deported at a later time.

A change to the system in 2023 will automatically renew pre-settled status for individuals who gained it through the EU Settlement system for two years, provided they have not obtained settled status by the expiration date of their pre-settled status.

3. Sponsoring Family Members Under the EU Settlement Scheme

Under the EU Settlement Scheme, citizens from the EU, EEA, or Switzerland may “sponsor” family members to move to the UK and live with them. Children, spouses, and single partners are all covered by this.

Under the EU Settlement Scheme, citizens from the EU, EEA, or Switzerland may “sponsor” family members to move to the UK and live with them. Children, spouses, and single partners are all covered by this.

Furthermore, the relationship must be intact at the time your family member starts applying.

Your family member can apply under the EU Settlement Scheme with a valid identity card or passport if they are native to Switzerland, the EU, or the EEA.

Your family member must, however, already possess a valid UK document, such as a resident card, permanent residence card, or derivative residence card, if they are not citizens of the EU, EEA, or Switzerland. If not, he or she will have to apply for a Family permit under the EU Settlement Scheme. After they have successfully joined you in the UK, they can use the permission to apply for Settled Status on their own.

Your family member will be legally obligated to apply for Settled Status within three months of arriving in the UK if they arrive on or after April 1, 2021.

A family member may apply for a UK visa on their own if you are unable to bring them to the country for any reason. For example, by applying for a UK Spouse or Family Visa.

4. Applying to the EU Settlement Scheme Family Permit

The EU Settlement Scheme Family Permit application process doesn’t require any payments.

Depending on how long it takes for the pending permit to be processed, the holder of the permit is allowed to visit and leave the UK as often as they choose within a four-to-six-month period.

Individual applicants have a choice of either applying for a Family Permit before entering the United Kingdom (apply to the EU Settlement Scheme after arriving) or directly applying for the EU Settlement Scheme from outside the UK.

5. Required documents

A future applicant will need:

• a valid passport
• a valid identity card (for applicants from the EU, Switzerland, Norway, Iceland or 
 Liechtenstein)
• a proof of your living arrangement and your valid British passport if you are a British citizen’s spouse, partner, or dependent family member.

6. Check you eligibility

Only the following individuals are qualified to apply from outside the UK for the EU Settlement Scheme:

• People who have a UK citizen living abroad, sometimes referred to as a Surinder Singh application process. You have to be one of the following: a dependent parent or grandparent, spouse, partner, kid or grandchild under 21 or another dependent 
relative.
• Individuals from the EU, Switzerland, Norway, Iceland or Liechtenstein who own a valid passport or national identity card with a biometric chip.
• Applicants who do not originate from the aforementioned countries but possess a valid biometric resident card issued by the UK.

To enter the UK, any other candidates who do not fall under one of these categories must apply for a family permit.

7. Does BS Immigration help with Settled Status applications?

You can definitely get assistance from our immigration advisers if you are looking for UK Settled Status. While the form is available online, you might want to get help compiling your supporting documents to be sent to the Home Office.

If you have any problems with your documents, we can help you. For example, if you are unable to use your National Insurance Card to demonstrate that you have lived in the UK continuously, we can still support your application.