Switching from Pre Settled to Settled Status

The requirement for pre-settled status holders to make a separate application for full settled status in the UK has been removed. Those with pre-settled status will automatically receive two-year extensions on their status every two years, as long as they continue to meet the eligibility criteria, such as residing in the UK, as detailed below.

The change follows a High Court ruling has found that the requirement for pre-settled status holders to reapply for full settled status after five years, or face loss of lawful status, was unlawful. The case, R (on the application of Independent Monitoring Authority for the Citizens’ Rights Agreement) v Secretary of State for the Home Department (European Commission and another intervening) [2022], was brought as a Judicial Review by the Independent Monitoring Authority (IMA) against the Home Office.

The Court found that the UK’s implementation of the Brexit Withdrawal Agreement in relation to citizens’ rights through the EU Settlement Scheme was unlawful in two specific areas:

 

• If a pre settled status holder does not submit a second application for settled status, they should not lose their right to remain in the UK. This is on the grounds that article 13(4) of the Withdrawal Agreement explicitly states that a right to reside can only be forfeited under specific conditions, none of which are expired status.
• As a result of the above, once the requirements for settled status have been met, settled status rights immediately become available without the need for a second application.

 

The remainder of this article pre-dates the judicial review decision in R (on the application of Independent Monitoring Authority for the Citizens’ Rights Agreement) v Secretary of State for the Home Department (European Commission and another intervening), which overturned the requirement to apply to switch from pre settled to full settled status. 

 

Pre-settled to full settled status guidance

 

Pre-Settled Status is a form of limited leave to remain, granting temporary permission to the holder to stay in the UK for five years. If you have pre settled status and you want to stay in the UK for longer than this, you must apply for settled status within that five-year period, and before your status expires or you will lose your legal right to stay in the UK.

You do not have to wait until the expiry date of your pre settled status stated in your Home Office decision letter. As soon as you have lived in the UK continuously for five years, you should apply for settled status i.e., permanent residence, which will allow you to remain in the UK for an indefinite period, subject to meeting certain conditions. If you’ve spent time living in the Channel Islands or the Isle of Man, this counts as time living in the UK.

 

Pre settled to full settled status requirements

 

• You have lived in the UK for a continuous period of 5 years.
• You have not been absent from the UK for more than 6 months in any 12 month period in the 5 year period being relied upon – there are some exceptions to this requirement, allowing longer periods of absence in certain circumstances, and the Home Office can additionally exercise discretion.
• You meet the suitability criteria, including good character, criminality matters.

 

You might not be able to get settled status after 5 years if either:

 

• you’ve spent more than 6 months outside the UK in any 12-month period
• you got pre-settled status as the family member of an EU, EEA or Swiss citizen and your or your family member’s situation has changed.

 

Continuous residence

To qualify for Settled Status, you must have been continuously resident in the UK for at least five years.

‘Continuously resident’ means that you must have been living in the UK for at least 6 months (180 days) in every 12-month period. The Home Office may agree to one absence of up to 12 months for an important reason, such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting.

It is possible to spend up to 2 years outside the UK without losing your Pre-Settled Status. However, if, for example, you spend a continuous year and a half out of the UK, though you will retain your Pre-Settled Status, it is unlikely that you will qualify for Settled Status. This is because you will not be able to demonstrate the required ‘continuous residence’ in the UK for at least five years. At present, there is no provision to extend a grant of Pre-Settled Status and so if you are unable to qualify for Settled Status before the expiry of your ‘Pre-Settled Status’, you may have to apply to remain in the UK on another basis.

The day your 5 years starts depends on whether or not you’re a citizen of the EU, EEA or Switzerland.

 

If you’re a citizen of the EU, EEA or Switzerland

Your 5 years starts from the day you started living in the UK, not the day you got pre-settled status. You can apply for settled status before your pre-settled status expires – it’s a good idea to do this as soon as you have lived in the UK for 5 years.You don’t have to wait until your pre-settled status is about to expire to apply for settled status.

 

If you’re a citizen of a country outside the EU, EEA or Switzerland

The rules about when your 5 years of residence starts are different depending on if you’re a close family member or an extended family member.

You’re a close family member if you’re a:

• husband, wife or civil partner
• dependent parent or grandparent
• child or grandchild under 21 years old
• dependent child aged 21 or over

 

Your 5 years starts from either the day you arrived in the UK or the day you became a close family member of an EU, EEA or Swiss citizen, whichever was later. For example, if you came to the UK then married a German citizen, your 5 years starts on the day you got married. It doesn’t matter if the EU, EEA or Swiss citizen didn’t have settled or pre-settled status at the time.

You’re an extended family member if you’re a:

• long-term partner who isn’t married or in a civil partnership
• brother or sister
• aunt or uncle
• niece or nephew
• cousin

If you had a family permit when you arrived in the UK, your 5 years starts on that day. If you didn’t have one of these, your 5 years starts the day you got a residence card.

 

Absences from the UK

You might not be able to get settled status if you spent more than 6 months outside the UK within any 12-month period. There are some exceptions to this. You might still be able to get settled status if you were outside the UK for up to 12 months for:

• an ‘important reason’ – for example, pregnancy or military service
• any reason related to coronavirus – this includes shielding, caring responsibilities and following guidance not to travel

If you were out of the UK for longer than 12 months in a row because of coronavirus, this won’t break your continuity of residence. The first 12 months of your time out of the UK counts towards the 5 years you need for settled status. The rest of the time after 12 months doesn’t count.

 

Change of circumstances

If your relationship with your family member changed before you reached 5 years, you might not be able to switch to full settled status. It depends on what has changed.

Change of circumstances	Impact on status & eligibility
If your family member has died	You can still get settled status after 5 years if either: you lived in the UK as their family member for at least 1 year before they died you’re aged under 21 and you’re in education If these don’t apply, you can’t get settled status.
If your relationship has ended	You can’t get settled status unless an exception applies. There are exceptions if: you were married or in a civil partnership for at least 3 years you and your ex-partner have a child under 18 and lives in the UK and you have responsibility for your child or contact with them. your relationship ended because of domestic abuse
If your family member left the UK	You can only get settled status after 5 years if either: you’re aged under 21 and you’re in education you’re responsible for a child aged under 21 who is in education If these don’t apply, you can’t get settled status.
If you’re no longer dependant on the family member	You can still get settled status after 5 years if you got pre-settled status as: a dependent child aged under 21 a dependent parent The rules are different if you got pre-settled status as another type of dependent relative – for example as a dependent child aged 21 or over. You can only get settled status if you’re still dependent – or if you were dependent on 31 December 2020.

 

 

If you can’t apply for settled status when your pre-settled status ends

 

You might be able to get pre-settled status for another 5 years. You should apply before your current pre-settled status ends.

You can add together the time from both periods of pre-settled status. You can then apply for settled status when you’ve lived in the UK for 5 years in a row. You might be able to get pre-settled status again by applying as a family member. You can do this if you have a family member from the EU, EEA or Switzerland who has pre-settled or settled status. They must have been living in the UK by 31 December 2020.

You can apply as a family member whether or not your first period of pre-settled status was as a family member. Find out more about applying as a family member.

If you can’t apply as a family member, you might be able to get pre-settled status again if both of the following apply:

• the time spent outside the UK was before 31 December 2020
• you were back in the UK by 31 December 2020

 

How to apply to switch

 

To switch from Pre-Settled Status to Settled Status you will need to submit an online form or a paper application form (depending on your particular circumstances) to the Home Office. Additionally, you may need to upload/submit supporting documents to evidence your continued residence in the UK.

 

How long does processing take?

 

Once submitted, the published processing time is between 5 working days and 1 month, however, in our experience applications under the EU Settlement Scheme can take up to 6 months and are subject to further delays.

 

Applying for your children

 

If you have children who were resident in the UK by 31 December 2020, are not British or Irish citizens, and do not have another type of UK immigration status (for example, temporary leave or indefinite leave to enter or remain) they must make an application to the EUSS.

You can apply on their behalf, and when you apply for your child you can ‘link’ their application to yours.

If you or your partner has given birth in the UK since 31 December 2020, and neither you or the other parent had settled status, another form of indefinite leave to enter or remain, or British citizenship when the child was born, you will need to apply to the EUSS on your child’s behalf within 3 months of their date of birth.

You do not need to apply on your child’s behalf if you or your partner held settled status, another form of indefinite leave to enter or remain, or British citizenship at the date the child was born because the child will be British by birth.

 

Don’t lose your status

 

If you spend more than two years outside the UK, your Pre-Settled Status will lapse. Your Pre-Settled status can be revoked if you commit a serious criminal offence or the Home Office believes you submitted false information with your application.

If you have been granted Settled Status, you can spend up to five years in a row outside the UK without losing your status unless you are a Swiss citizen or the family member of a Swiss citizen.

Note that if you’re a Swiss citizen or the family member of a Swiss citizen, you can only spend up to four years in a row outside the UK without losing your Settled Status.

If you spend over this amount of time outside the UK without returning, your Settled Status will lapse. If this does occur and you wish to return to live in the UK, you will need to make a new application under a different route. Please note that the new application will need to meet the Immigration Rules in force at the time and therefore it is possible that some people may not be eligible to apply to return to live in the UK if their settled status lapses. The Home Office can revoke your status if:

 

• You commit a serious criminal offence; or
• The Home Office believes that you submitted false information as part of your application.

 

How to view and prove your status and share this with third parties

 

Third parties may include employers and landlords.

It is important to note that EEA citizens should still be able to show their identity documents to prove their rights in the UK until 30 June 2021.

The Home Office will not issue physical proof of your status, unless you are a non-EEA family member who has not previously been issued with a biometric residence card.

The confirmation email and the PDF letter you receive are not proof of your status so you will need to log in to your online profile to prove your status.

To log into your online profile, you will need to:

1. Choose the identity document you used in your application, for example:
   • Biometric residence card (BRC)
   • National identity card
   • Passport
2. Enter your passport/ID card/ BRC number
3. Enter your date of birth
4. Confirm who you are

A ‘one-time’ six-digit access code will be sent to your phone or email address, depending on what you have specified. This code is valid for a limited time. Once you enter it, you will be logged into your online profile and be able to view your Pre-Settled or Settled Status.

Once you have logged into your online profile, you can also navigate to “Prove your status to someone” and receive a ‘share code’ to prove your status to others, such as employers and landlords.

 

Need Assistance?

 

For expert advice, contact our immigration specialists.

 

Switching from Pre Settled to Settled Status FAQs

 

What is the difference between pre-settled and full settled status?

Pre-settled status is granted to EU citizens and their family members who have lived in the UK for less than five years. It allows you to stay in the UK for a further five years from the date you received it. Full settled status, on the other hand, is granted to those who have lived in the UK for five continuous years. It gives you the right to stay indefinitely and enjoy the same rights as a British citizen.

 

When can I apply for full settled status?

You can apply for full settled status as soon as you have completed five continuous years of residence in the UK. It’s advisable to start gathering your documents well in advance so you can apply as soon as you are eligible, and before your pre-settled status expires.

 

What counts as continuous residence?

Continuous residence means living in the UK for at least six months in any 12-month period over five years. Some exceptions apply, such as spending up to 12 months outside the UK for an important reason, like pregnancy, serious illness, or study.

 

What documents do I need to prove my residence?

Documents that can prove your residence include bank statements, utility bills, council tax bills, and rental agreements. You may also provide letters from employers, doctors, or educational institutions as evidence.

 

What should I do if my application is rejected?

If your application for full settled status is rejected, you may be able to appeal the decision or apply again. It’s important to understand the reason for the rejection, which will be detailed in the decision letter. You might need to provide additional evidence or correct any mistakes in your application.

 

How long does it take to get a decision on my application?

The decision on your application for full settled status typically takes a few weeks, but processing times can vary. You’ll receive an email notification once a decision has been made.

 

Can I lose my full settled status once it’s granted?

You can lose full settled status if you leave the UK for a continuous period of five years or more. It’s important to maintain your connection to the UK to retain your status.

 

 

What rights do I have with full settled status?

With full settled status, you have the right to live, work, and study in the UK indefinitely. You can also access public services such as the NHS and apply for British citizenship if you meet the criteria.

 

Glossary

 

 

Term	Definition
Pre-Settled Status	A temporary status granted to EU citizens and their family members who have lived in the UK for less than five years, allowing them to stay for five years.
Full Settled Status	A permanent status granted to EU citizens and their family members who have lived in the UK for five continuous years, allowing them to stay indefinitely.
Continuous Residence	The requirement to live in the UK for at least six months in any 12-month period over five years to qualify for full settled status.
EU Settlement Scheme	The UK government’s programme that allows EU citizens and their family members to apply for pre-settled or full settled status.
Eligibility Criteria	The specific requirements that must be met to apply for full settled status, including continuous residence and necessary documentation.
Proof of Residence	Documents used to demonstrate continuous residence in the UK, such as bank statements, utility bills, or rental agreements.
Application Process	The steps required to apply for full settled status, including completing the online form, submitting documents, and waiting for a decision.
Rejection	When an application for full settled status is not approved, usually due to insufficient evidence or failure to meet eligibility criteria.
Appeal	The process of challenging a rejected application, which may involve providing additional evidence or correcting errors.
Indefinite Leave to Remain	Another term for full settled status, granting the holder the right to live and work in the UK indefinitely.
Absences	Periods of time spent outside the UK that may affect an applicant’s continuous residence status, with some exceptions allowed.
British Citizenship	The status of being a legal citizen of the United Kingdom, which can be applied for after holding full settled status for a certain period.