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Protect Your Right to Live and Work in the UK Under the EU Pre-Settled Status Scheme
If you were living in the UK before 31 December 2020, you may qualify for EU Pre-Settled Status, which grants limited leave to remain for five years, with the right to work, access healthcare, and progress to Settled Status once residence requirements are met.
Our SRA-regulated UK-based immigration solicitors help you confirm eligibility, assess your residence history, and prepare a compliant application in line with current Home Office guidance.
Call us now at 020 3384 4389 to speak with a regulated immigration solicitor.
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Confused About the EU Pre-Settled Status Rules? Let Us Guide You
No more confusion or wasted time. Tell us about your case, and we’ll provide an expert-backed, realistic plan to secure your UK visa.
EU Pre-Settled Status is a form of limited leave to remain granted under the EU Settlement Scheme to eligible EU, EEA, and Swiss citizens, and certain family members, who were living in the UK by 31 December 2020 and did not yet have five years’ continuous residence at the time of application.
EU Pre-Settled Status allows you to live, work, and access healthcare in the UK for up to five years. During this period, you are expected to complete a continuous five-year qualifying residence. Once that requirement is met, you may progress to Settled Status, provided you continue to meet the residence and eligibility rules.
Eligible family members of EU, EEA, or Swiss citizens may also qualify under the EU Settlement Scheme, where the family relationship existed before 31 December 2020, and the relevant residence conditions are met. Family members applying from outside the UK must normally apply first for an EU Settlement Scheme Family Permit before travelling. After entering the UK, they must then apply for EU Pre-Settled Status to remain lawfully.
EU Pre-Settled Status UK at a Glance
What is EU Pre-Settled Status?
A grant of limited leave to remain for five years under the EU Pre-settled Status Scheme, available to eligible EU, EEA and Swiss citizens, and certain family members, who were living in the UK by 31 December 2020 and had not yet completed five years’ continuous residence.
How long can you stay?
You can live and work in the UK for up to five years. Once you complete a continuous five-year qualifying residence, you may become eligible to obtain Settled Status, subject to meeting the applicable residence rules.
Can family members apply?
Yes. Certain family members, including non-EU partners and children, may qualify where the family relationship existed before 31 December 2020 and the relevant eligibility conditions are met.
Do you need to reapply for EU Pre-settled Status?
Following a High Court ruling, holders of EU Pre-Settled Status do not lose their lawful status solely for failing to make a second application. The Home Office now carries out checks to identify those who qualify for Settled Status. However, making a voluntary application can still be appropriate where eligibility is clearly met.
The Home Office currently automatically extends most EU Pre-Settled Status records by two years. This update is applied to your digital immigration status, and you are normally notified electronically.
Yes. To preserve your continuous residence, absences should not normally exceed six months in any 12 months, unless a permitted exception applies under the EU Settlement Scheme rules.
Typically, you will need a valid passport or national identity document, evidence of UK residence (such as National Insurance or other official records), and a digital facial image for identity verification.
EU Pre-Settled Status alone does not lead to British citizenship. After obtaining Settled Status and completing a further 12 months of lawful residence, you may be eligible to apply for British citizenship, subject to meeting all statutory requirements.
You Deserves Professional Protection
Many EU citizens unknowingly place their UK residence at risk due to missed Home Office updates, incomplete evidence, or misunderstandings of the EU Pre-settled Status Scheme rules. Our SRA-regulated immigration solicitors monitor ongoing policy changes, assess individual residence histories, and provide structured legal guidance to help protect your status — whether you are seeking clarification, addressing a risk issue, or progressing towards Settled Status.
You can request a confidential consultation to discuss your circumstances and understand the correct legal steps under current Home Office guidance.
Benefits
Why Trust UK Immigration Solicitors for Your EU Pre-Settled Status?
Our SRA-regulated immigration solicitors have experience handling EU Pre-Settled Status applications, including cases involving complex circumstances. We have supported individuals and families by guiding them through the EU Settlement Scheme rules and helping them understand the correct legal route to maintain lawful residence in the UK.
97.37%
Success Rate
37,573
Applications Approved
93.7%
Immigration Appeal Win Rate
4.9/5
Average Rating
From Consultation to Visa Approval
Our immigration specialists streamline your application process by clearly identifying which evidence and strategies will strengthen your case.
By aligning your unique circumstances with Home Office requirements, we help you focus on high-impact preparations while addressing any potential weaknesses in your application.
Maximising Your Approval Chances
Our goal is to maximise the chances of your visa being approved the first time. By carefully reviewing your circumstances, identifying potential weaknesses, and preparing strong supporting evidence, we significantly reduce the risk of refusals. Every application is checked by senior immigration solicitors who apply their expertise to make your case as clear, accurate, and persuasive as possible. This attention to detail is what improves success rates and helps our clients move forward with confidence.
Success Rate Optimisation
We carefully analyse every detail of your application to maximise the chances of approval. By addressing weaknesses, strengthening supporting evidence, and ensuring full compliance with Home Office rules, we optimise your case for success. This thorough approach significantly improves approval rates and gives you confidence throughout the process.
Risk Mitigation Strategies
We identify potential risks in your application early and put safeguards in place to address them. By preparing strong evidence, clarifying complex points, and anticipating Home Office concerns, we minimise the chance of delays or refusals.
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Evidence-based case preparation
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Home Office compliance checks
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Success rate optimisation
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Risk mitigation strategies
From Consultation to Visa Approval
Our immigration specialists streamline your application process by clearly identifying which evidence and strategies will strengthen your case.
By aligning your unique circumstances with Home Office requirements, we help you focus on high-impact preparations while addressing any potential weaknesses in your application.
Maximising Your Approval Chances
Our goal is to maximise the chances of your visa being approved the first time. By carefully reviewing your circumstances, identifying potential weaknesses, and preparing strong supporting evidence, we significantly reduce the risk of refusals. Every application is checked by senior immigration solicitors who apply their expertise to make your case as clear, accurate, and persuasive as possible. This attention to detail is what improves success rates and helps our clients move forward with confidence.
Success Rate Optimisation
We carefully analyse every detail of your application to maximise the chances of approval. By addressing weaknesses, strengthening supporting evidence, and ensuring full compliance with Home Office rules, we optimise your case for success. This thorough approach significantly improves approval rates and gives you confidence throughout the process.
Risk Mitigation Strategies
We identify potential risks in your application early and put safeguards in place to address them. By preparing strong evidence, clarifying complex points, and anticipating Home Office concerns, we minimise the chance of delays or refusals.
Work With Trusted, SRA-Regulated UK Immigration Experts
Your immigration journey is too important to risk on unqualified or unregulated help. Every case we handle is prepared by SRA-regulated solicitors who apply structured legal reasoning, precise documentation checks and full compliance with Home Office and UKVI rules.
Our accreditations are your assurance that you are working with a reputable, experienced and highly trained legal team. We combine decades of immigration expertise with strict professional standards to give you clarity, confidence and complete peace of mind — no matter which visa or application route you are pursuing.
What are the Requirements for EU Pre-Settled Status?
You may be eligible for EU Pre-Settled Status if all of the following apply:
- You are an EU, EEA, or Swiss citizen, or a qualifying family member of one; and
- You were living in the UK by 31 December 2020.
- You did not have five years’ continuous qualifying residence in the UK at the time of your application.
- You meet the residence and identity requirements of the EU Settlement Scheme.
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If you are applying as a joining family member, you must demonstrate that:
- Your family relationship with a relevant EUSS sponsor existed before 31 December 2020.
- The relationship continues to meet the EU Settlement Scheme requirements.
- You do not yet qualify for Settled Status because you have not completed five years’ continuous residence in the UK.
Can non-EU family members apply?
Family members do not need to be EU, EEA or Swiss citizens to apply under the EU Settlement Scheme. Certain non-EU family members may qualify for Pre-Settled or Settled Status, provided they meet the specific relationship and residence requirements set out in the Scheme.
Under the EU Settlement Scheme, eligible non-EU family members may include:
- A spouse or civil partner of an EU, EEA, or Swiss citizen.
- An unmarried (durable) partner, where the relationship existed before 31 December 202,0 and meets the Scheme’s requirements.
- Dependent children of an EU, EEA, or Swiss citizen, or of their spouse or civil partner.
- Dependent parents, in limited circumstances where dependency can be evidenced.
Wider family members, such as cousins or other relatives, are not generally eligible under the EU Settlement Scheme.
In limited circumstances, a non-EU family member may qualify under retained rights provisions, for example, where a relationship has ended due to death or separation. These cases are assessed individually and must meet strict EU Settlement Scheme criteria.
Does the holder of EU pre-settled status need to reapply to obtain full settled status?
EU Pre-Settled Status is granted where an applicant has not yet completed five years’ continuous qualifying residence in the UK at the time of their application under the EU Settlement Scheme.
Under the original operation of the EU Settlement Scheme, individuals with EU Pre-Settled Status were expected to apply for Settled Status once they completed five years’ continuous residence in the UK.
This position has since changed. A failure to submit a further application does not automatically result in the loss of lawful residence or associated rights. The legal basis for automatic loss of lawful status in these circumstances was challenged and overturned by the High Court.
High Court Ruling on Second Application Requirement
In 2022, the High Court considered whether individuals holding EU Pre-Settled Status under the EU Settlement Scheme could lawfully lose their residence rights solely because they had not made a second application. The Court concluded that such an outcome was not compatible with the citizens’ rights protections set out in the Withdrawal Agreement.
The Court held that residence rights under the EU Settlement Scheme cannot automatically lapse simply because an individual did not apply for Settled Status before the expiry date recorded on their EU Pre-Settled Status.
The Court granted the Independent Monitoring Authority’s application for judicial review and confirmed that lawful residence under Part Two of the Withdrawal Agreement is not lost solely because a person fails to apply again under the EU Settlement Scheme.
As a result of this judgment, individuals with EU Pre-Settled Status do not lose their lawful residence solely for failing to make a further application, provided they continue to meet the residence conditions required under the EU Settlement Scheme.
UK immigration solicitors are one of the top immigration firms based in the UK having its offices in all major cities of the UK.
Post-Court Decision: Home Office Policy Update
Following the High Court judgment, the Home Office issued updated guidance confirming that a person’s lawful residence under EU Pre-Settled Status does not automatically end solely because they have not made a further application under the EU Settlement Scheme.
Automatic Extension For EU Pre-Settled Status Holders
From September 2023, the Home Office began automatically extending most EU Pre-Settled Status records by two years where Settled Status has not yet been granted. These extensions are applied to an individual’s digital immigration status, and affected holders are normally notified electronically.
Automated Checks and Upgrading to Settled Status
The Home Office has indicated that it intends to use automated record checks to identify individuals with EU Pre-Settled Status who have completed five years’ continuous residence in the UK. Where the available records confirm eligibility, an individual may be granted Settled Status without submitting a further application. These processes are subject to verification and ongoing policy development.
Until automated processes are fully implemented, individuals who believe they meet the requirements for Settled Status may still choose to apply voluntarily, particularly where they need formal confirmation of their permanent status.
What is the difference between EU Pre-settled status and Settled status?
Both EU Pre-Settled Status and Settled Status allow a person to live, work, and study in the UK, and to access healthcare. Access to public funds, including benefits and pensions, depends on meeting the relevant eligibility criteria.
Both statuses permit travel in and out of the UK, subject to residence and absence rules under the EU Settlement Scheme.
- A key difference concerns absence limits
- Settled Status is normally lost after an absence of five consecutive years from the UK.
- EU Pre-Settled Status is normally affected by absences of more than six months in any 12 months, unless a permitted exception applies.
To progress from EU Pre-Settled Status to Settled Status, an individual must complete five years’ continuous qualifying residence in the UK, in line with the EU Settlement Scheme rules.
There are also differences in relation to children born in the UK. A child born in the UK may be a British citizen at birth if at least one parent holds Settled Status or British citizenship. Where a parent holds only EU Pre-Settled Status, a child is not automatically British, but may be eligible for status under the EU Settlement Scheme or for British citizenship at a later stage, depending on the circumstances.
British citizenship is a separate application and is available only where statutory residence, language, and good character requirements are met.
How to Apply for EU Pre-Settled Status UK?
To apply for EU Pre-Settled Status, you must demonstrate that you were living in the UK by 31 December 2020. The EU Settlement Scheme also allows for limited permitted absences, which may be accepted in specific circumstances.
- One time of up to 12 months for a serious reason, like having a baby.
- A single period of absence of up to 12 months for an important reason, such as pregnancy, childbirth, serious illness, study, vocational training, or overseas work.
- Compulsory military service of any length.
- Time spent overseas in Crown service, or as a family member of a Crown servant.
- Time spent overseas in the armed forces, or as a family member of a serving member.
Applications under the EU Settlement Scheme are normally submitted online. Paper applications are accepted only in limited circumstances, for example, where an applicant is unable to apply digitally.
The need for a paper application depends on the applicant’s individual circumstances and not solely on nationality.
When applying, you will normally be asked to provide:
- A valid passport or national identity document to confirm your identity.
- Your National Insurance number, where available, to allow automated residence checks using HMRC records, or alternative evidence of UK residence where required.
- Evidence of your family relationship, where you are applying as a family member.
- A digital facial image for identity verification.
When may you apply for UK EU Pre-Settled Status?
The standard deadline for applying under the EU Settlement Scheme has passed. However, late applications may still be considered where an applicant can demonstrate reasonable grounds for missing the original deadline, in line with Home Office guidance.
Absence from the UK in EU Pre-Settled Status because of COVID
Under the EU Settlement Scheme, a person’s continuous qualifying residence is normally broken if they are absent from the UK for more than six months in any 12 months during their five-year qualifying residence, unless a permitted exception applies.
One issue that arose during the COVID-19 pandemic was whether extended absences caused by pandemic-related disruption could be treated as a permitted exception.
Guidance issued by the Home Office confirms that certain COVID-19-related absences may be accepted as permitted, where an applicant can provide evidence that their absence was linked to pandemic-related reasons such as illness, quarantine, travel disruption, or restrictions beyond their control.
Can I apply for British citizenship with EU Pre-Settled Status?
Holding EU Pre-Settled Status alone does not make a person eligible for British citizenship. To progress, an individual must first complete five years’ continuous qualifying residence in the UK and obtain Settled Status under the EU Settlement Scheme.
After obtaining Settled Status, most applicants are required to complete a further twelve months of lawful residence in the UK before becoming eligible to apply for British citizenship.
In addition, an applicant must meet all statutory naturalisation requirements, including the good character requirement, knowledge of the English language, and knowledge of life in the UK.
British citizenship is not automatic and remains a discretionary decision assessed by the Home Office based on the applicant’s individual circumstances.
FAQs About EU Settlement Scheme
Yes. Following a High Court judgment and subsequent policy updates, a person does not automatically lose lawful residence solely because the expiry date on their EU Pre-Settled Status has passed. In addition, the Home Office now automatically extends most Pre-Settled Status records by two years, which is reflected in the individual’s digital immigration status.
No. EU Pre-Settled Status is not a visa. It is a form of limited leave to remain granted digitally under the EU Settlement Scheme. It confirms a person’s lawful immigration status in the UK but is not issued as a physical visa or vignette.
A failure to apply again does not, by itself, result in the loss of lawful residence. The Home Office now uses record checks to identify individuals who qualify for Settled Status. However, where a person clearly meets the requirements, making a voluntary application can still be appropriate, particularly if formal confirmation of permanent status is needed.
Yes, in certain circumstances. Non-EU family members may qualify where the family relationship existed before 31 December 2020 and the relevant EU Settlement Scheme requirements are met. In many cases, a family member applying from outside the UK must first obtain an EU Settlement Scheme Family Permit before applying for Pre-Settled Status after arrival.
EU Pre-Settled Status is a temporary grant of limited leave to remain, while Settled Status is permanent residence. Settled Status allows longer absences from the UK and is a necessary step before applying for British citizenship. Progression from Pre-Settled to Settled Status depends on completing five years’ continuous qualifying residence.
You do not lose your lawful status simply because you did not apply in time. Your digital record may be extended automatically. However, it remains important to keep evidence of your UK residence and ensure your personal details are up to date in case the Home Office needs to verify your eligibility.
Yes. You may travel in and out of the UK, but absences should not normally exceed six months in any 12 months if you wish to preserve continuous residence. Longer absences may be permitted only in specific circumstances, such as serious illness or pandemic-related disruption, where supported by evidence.
Pre-Settled Status alone does not lead to British citizenship. You must first obtain Settled Status, then usually complete a further twelve months of lawful residence before applying for British citizenship. Citizenship is a separate, discretionary application and depends on meeting all statutory requirements.
Immigration solicitors can assess eligibility, review residence history, advise on absences, clarify whether an application or upgrade is appropriate, and address complex or refused cases. Legal advice is particularly important where residence records are incomplete or circumstances fall outside standard cases.
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