If you’re an EU, EEA or Swiss citizen, you and your family can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021, the deadline to be able to apply is the 31 December 2021. If the UK leaves the EU without a deal, you will need to be living in the UK before it leaves the EU to apply. It is free to apply to the scheme to see if you are entitled to the pre- settled or settled status.
Successful applications to the EU Settlement Scheme, means you’ll be able to continue living and working in the UK after 30 June 2021. You will be given either a settled or pre-settled status.
You will not be asked to choose which status you’re applying for, the status you get depends on how long you’ve been living in the UK when you apply. Your rights will be different depending on which status you get.
This means you need to apply:
- were born in the UK but are not a British citizen
- have a UK
‘permanent residence document’
- are a family member of an EU, EEA or Swiss citizen who does not need to apply – including if they’re from Ireland
- are an EU, EEA or Swiss citizen with a British citizen family member
You may be able to apply if you’re not an EU, EEA or Swiss citizen but:
- you used to have an EU, EEA or Swiss family member living in the UK (but you’ve separated, or they’ve died)
- you’re the family member of a British citizen and you lived outside the UK in an EEA country together
- you’re the family member of a British citizen who also has EU, EEA or Swiss citizenship and who lived in the UK as an EU, EEA or Swiss citizen before getting British citizenship
- you’re the primary carer of a British, EU, EEA or Swiss citizen
- you’re the child of an EU, EEA or Swiss citizen who used to live and work in the UK, or the child’s primary carer
You do not need to apply if you have already obtained indefinite leave to entre or remain in the UK, British or Irish citizenships (including dual).
Once you have a settled or pre-sett
led status you will be able to work in the UK, use the NHS, enrol in education, have access to public funds and travel freely in and out of the UK.
Pre-Settled Status
If you do not have 5 years’ continuous residence when you apply, it will usually mean you will get a pre-settled status. You must have started living in the UK by 31 December 2020 (or by the date the UK leaves the EU without a deal). You can then apply to change this to settled status once you’ve got 5 years’ continuous residence, you MUST do this before your pre-settled status expires. You can stay in the UK for a further 5 years from the date you get pre-settled status.
When pre-settled status is granted you can stay outside the UK for up to 2years without losing your status.
Settled status
You’ll usually get settled status if you have started living in the UK by 31 December 2020 and lived in the UK for a continuous 5 years (at least 6 months in any 12-month period).
There are some exceptions to this w
hich can be one period of 12 months for an important reason (for example, childbirth, serious illness, study, vocational training or an overseas work posting).
If you have served or serving a compulsory military service/armed forces or a Crown servant of any length or you are a family member.
When settled status is granted you can stay outside of the UK for up to 5 years without losing your status.
Do you have a question about settled or pre-settled status?
Permits2Work are registered with the OISC [Office of the Immigration Services Commissioner] to the highest level, and we are also recognised as an assured sponsor by the Home Office – approved to provide advice and UK immigration services, including audits under the Points Based System. We pride ourselves on helping companies and individuals with the highest standard of service.
If you have any questions, please do not hesitate to contact us on [email protected] or call us on 01793 836010.