Settled Status under the EU Settlement Scheme

What is Settled Status

Settled status allows EU, EEA, and Swiss citizens to live in the UK indefinitely. This route resulted from the United Kingdom's departure from the European Union, enabling individuals and their families who had been legally residing in the UK to continue living and working in the country after Brexit.

Settled status is often called permanent residence, which is used interchangeably.

Difference between Settled and Pre-Settled Status

Settled status is a permanent UK immigration status for EU, EEA, and Swiss citizens (and their family members) who have lived in the UK for at least five years. It provides full rights to live, work, access healthcare, and claim welfare benefits without the need to reapply. Settled status holders can also apply for UK citizenship after one year.

In contrast, pre-settled status is temporary and available to those who have lived in the UK for less than five years before December 31, 2020. It is valid for five years, after which individuals must apply for settled status to continue residing in the UK.

Benefits of Settled Status

Being "settled in the UK" legally means holding a permanent immigration status that allows a person to live, work, and access public services in the UK without any time restrictions. It is equivalent to Indefinite Leave to Remain (ILR) or settled status under the EU Settlement Scheme. Individuals with settled status have full rights to:

• Stay indefinitely in the UK without reapplying for permission.
• Work and study without restrictions.
• Access public healthcare (NHS) and other welfare benefits.
• Travel in and out of the UK freely, although long absences can lead to loss of status.

Being settled also includes a pathway to British citizenship after 12 months of holding settled status, provided other requirements (such as good character and language tests) are met. Additionally, children born to settled status holders in the UK automatically gain British citizenship at birth.

Who is Eligible for Settled Status?

The deadline for most people to apply for settled status was 30 June 2021. However, you may still apply if you have a different deadline or "reasonable grounds" for submitting a late application. Reasonable grounds can include situations like being a victim of domestic abuse or dealing with a severe illness.

Different deadlines include being a family member of someone from the EU or certain other countries, applying for a child born or adopted after April 2021, being a family member of someone from Northern Ireland, or being exempt from immigration control.

Residency Requirements

Eligibility for settled status depends on when and how long you have lived in the UK. Generally, you must have spent at least 6 months in the UK for every 12 months during this period. You must be an EU, EEA, or Swiss citizen and have been a resident in the UK by 31 December 2020. You may be eligible for pre-settled status if you have lived in the UK for less than five years. You can apply for settled status once you reach five years of continuous residence.

Family Members and Dependents

Family members of eligible EU, EEA, or Swiss citizens may also apply for settled or pre-settled status, regardless of nationality, as long as they can prove their family relationship. Even if they started living in the UK after 31 December 2020, they may still be eligible to apply, provided their relationship was established before that date.

The family members eligible for settled Status include:

• Spouse
• Civil partner
• Unmarried partner
• Children, grandchildren, great-grandchildren under 21 years old
• Dependent children over the age of 21
• Dependent parents, grandparents, great-grandparents
• Dependent relatives

Requirements for non-EU family members:

Non-EU family members can apply for settled status if at least one of the following requirements is met:

• You hold Pre-Settled Status under the EU Settlement Scheme, or have an EEA Residence Card
• You have lived in the UK for a continuous period of 5 years with your qualifying EEA or Swiss national family member
• You are in a relationship with the EEA or Swiss national as their:
• spouse
• civil partner
• unmarried partner
• child (under 21 years old)
• grandchild (under 21 years old)
• great-grandchild (under 21 years old)
• dependent child (over the age of 21)
• dependent parent
• dependent grandparent
• dependent great-grandparent
• dependent relative
• You are related to the Spouse or Civil Partner of the EEA or Swiss national as their:
• child (under 21 years old)
• grandchild (under 21 years old)
• great-grandchild (under 21 years old)
• dependent child (over the age of 21)
• dependent parent
• dependent grandparent
• dependent great-grandparent
• dependent relative

Where you may not meet the above requirements, there are some circumstances which you may still qualify:

• You are separated from your EEA or Swiss national family member.
• Your EEA or Swiss national family member has died.
• You are the family member of a British citizen who also has EEA or Swiss citizenship and who lived in the UK as an EEA or Swiss national prior to acquiring British citizenship.
• You are the family member of a British citizen, and you lived in an EEA country together (outside of the UK), via the ‘Surinder Singh’ route.
• You used to have an EEA or Swiss family member living in the UK.
• You are the primary carer of a British, EEA or Swiss national.
• You are the child of an EEA or Swiss national who used to live and work in the UK or the child’s primary carer.

Required Documentation

When applying for settled Status, you will need to provide the following as part of your application:

• Official ID: A valid passport, national identity card, or Biometric Residence Permit (BRP).
• Digital Photo: Required if you are not submitting a BRP.
• Proof of Continuous Residence: Evidence that you have lived in the UK continuously for 5 years, starting before 31 December 2020.
• Family Member Applications: If you are applying as a family member, you must provide evidence that your family member's UK residence started before 31 December 2020.
• Late Applications: If you are applying after the 30 June 2021 deadline, you must provide proof of a different applicable deadline or explain the "reasonable grounds" for your late submission.

Evidence of Residence

You must provide evidence covering the required five-year period of continuous residence. This includes at least one document dated within the last six months to prove that you have maintained your residence without interruption. All documents must be official, dated, and include your name. There is no fixed list of acceptable evidence, as the Home Office reviews each application individually. The required documentation may vary depending on whether you are proving a longer or shorter period of residence.

Acceptable forms of evidence include:

• National Insurance number
• Annual bank statement
• Signed letter from your employer
• Dated and addressed council tax bill
• P60 or P45
• Recent payslip
• Utility bill (water, gas, electricity) showing a UK address
• Letter from your GP

Fees

Applying to the EU Settlement Scheme is free of charge.

Processing Times

Once submitted, you can expect a decision from the Home Office within 6–8 weeks. However, administrative delays may occur due to the high volume of applications following Brexit. To avoid unnecessary delays, submitting a well-prepared application and having a skilled legal representative to monitor and follow up on your progress is crucial.

How to Apply for Settled Status

The application process is completed online and is relatively quick. The complexity arises in ensuring that the correct documentation and evidence are provided, especially if submitting a late application, where the reasons must be compelling.

You can apply for settled status from outside the UK. If you are from the EU, Switzerland, Norway, Iceland, or Liechtenstein, you can apply using a valid passport or biometric national ID card.

For other nationalities, you may apply if you hold an unexpired UK-issued biometric residence card. Otherwise, you will need an EU Settlement Scheme family permit to enter the UK and apply from within the country.

1. Check Your Eligibility: Ensure you meet the eligibility requirements based on your residency status and any family connections.

2. Gather Necessary Documents: The documents you'll need may vary depending on your circumstances, but generally include:

• Proof of identity (valid passport, national ID card, or BRP)
• Evidence of continuous residence in the UK
• Evidence of eligibility
• Proof of "reasonable grounds" if applying after the deadline
• Criminal background check (UK or overseas)

3. Complete the Online Application: All applications must be submitted online via the UK government website.

4. Verify Your Identity: You can verify your identity using the EU Exit: ID Document Check app or by submitting your documents by post.

5. Upload Documentation: You can upload up to 10 documents to prove your UK residence. Each document should be no larger than 6MB.

6. Submit Your Application: Once all steps are completed, submit your application online to the Home Office.

Switching from Pre-Settled to Settled Status

If you already hold pre-settled status, you can apply to switch to settled status once you have achieved five years of continuous residency in the UK. This process requires reapplication, ensuring that all residency requirements are met.

If you mistakenly accepted pre-settled status or your circumstances have changed, you can reapply to switch to settled status.

What Happens After You Apply

Once your application is submitted, the Home Office will review your documentation and verify your identity. If your application is valid, you will receive a certificate of application, which confirms your rights while awaiting a decision on your pre-settled status. This certificate allows you to live and work in the UK during the review process.

If your application is successful, you will receive a letter by post or email confirming whether you have been granted pre-settled or settled status. It's important to note that this letter does not prove your status. With settled status, you can live and work in the UK indefinitely and are eligible for the same benefits as a British citizen.

In most cases, you will be eligible to apply for British citizenship after a year.

Refused Application

If your application is refused, the Home Office will send you a letter detailing the reasons for the rejection and outlining whether you can reapply or appeal the decision.

Before proceeding, it is essential to review and understand the reasons for refusal carefully. Often, refusals occur due to insufficient evidence or failure to meet eligibility criteria. Addressing these issues with additional information can lead to a successful outcome.

Appeal and Review Options

Appeal

If your application is rejected, you have the right to appeal to the First-tier Tribunal (Immigration & Asylum Chamber). This involves a formal process where a judge reviews your case. You must file the appeal within 14 days if you're in the UK, or within 28 days if you're outside the UK.

Administrative Review

Alternatively, you can request an administrative review. This involves a reassessment of your application by an official to determine if an error was made during the initial decision. You must submit this request within 28 days of the refusal. The review will only consider the evidence submitted initially, so your initial application must be thorough and accurate.

Common Reasons for Refusal:

• Failure to meet eligibility criteria
• Insufficient evidence of eligibility
• Inability to prove residence in the UK before 31 December 2020
• Being subject to a deportation or exclusion order
• Providing inaccurate or misleading information or documents

Travelling With Settled Status

When travelling, it is advisable to always carry your biometric residence card, as it will help facilitate smooth entry into the UK. However, BRPs are transitioning to Evisas, which you will need to complete before Dec 31st, 2024.

Proving Your Settled Status

After obtaining settled status, you must prove it when dealing with landlords, employers, or local councils. The decision letter from the Home Office needs to be validated proof of your status. Instead, you will need a "share code" to verify your status.

Using a Share Code

A share code is a nine-digit alphanumeric code that allows third parties, such as employers or landlords, to verify your immigration status. You can generate a share code from your online account on GOV.UK, and it remains valid for 90 days.

Viewing Your Status Online

Settled status does not come with physical documents. Instead, you can prove and view your status online via the GOV.UK portal. The EU Settlement Scheme Resolution Centre can assist you if you have trouble accessing your account.

To view your status online, you will need:

• The email address or phone number used during your application.
• The identity document is linked to your status.

QC Immigration: Successful EU Settlement Case

AA Swedish couple had resided in the UK for more than five years, but they did not have National Insurance numbers as they had never worked in the UK. We provided ongoing advice, a tailored document list, and assistance in submitting the application. As a result, they were granted Indefinite Leave to Remain under the EU Settlement Scheme within 24 hours.

Get Help With Settled Status

With the deadline for applying for settled status now passed, many applicants face new questions and concerns. At QC Immigration, we provide comprehensive immigration advice, covering everything from pre-settled and settled status to British citizenship.

Our team has extensive experience in helping clients address visa rejections and refused visa applications. We will carefully review your decision letter, identify the reasons for refusal, and guide you on the best path forward.

If you're looking for an expert immigration advice service and support throughout the process, contact us to discuss how we can assist with your case.