EU Pre-Settled Status

Our qualified immigration solicitors can help if you intend to obtain EU Pre-Settled Status and stay permanently in the UK.

To get immediate assistance call us now at 0203 384 4389. We’re always available to help you.

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Eligibility and Duration: Requirements for Settled Status

Pre-settled status was originally thought to be a temporary status that would enable the person to obtain the necessary five years of residence in the UK before applying for permanent settled status. As we go into more depth below, this position was declared illegal in the early months of 2023. Call your dedicated solicitor at 0203 384 4389.

Our experienced UK immigration Solicitors can help you with your immigration process.

Does the holder of pre-settled status need to reapply in order to obtain full settled status?

Pre-settled status was awarded to the applicant if they did not have the necessary amount of continuous residence at the time of their initial request under the EU Settlement Scheme.

In order to maintain their indefinite legal status in the UK, holders of pre-settled status were asked by the scheme’s regulations to submit an application for full settled status after completing five years of residency in the country.

In case a person fails to submit a new leave application before their pre-settled status expires, they would immediately lose their ability to work, study, and rent real estate in the UK, as well as their eligibility for benefits and services. Due to the fact that they would no longer be regarded as lawfully present, they could also face removal from the UK.

Our experienced UK immigration Solicitors can help you with your immigration process.

High Court Ruling on Second Application Requirement

In the case of the Independent Monitoring Authority for the Citizens Rights Agreements (IMA) v. Secretary of State for the Home Department [2022], the High Court ruled that people who have pre-settled status under the EUSS ought not to be forced to apply again under the program or risk having their rights removed. Therefore, it was decided that the need to submit a second application was illegal.

The court said it’s not fair for people to lose their right to stay in the UK and all the benefits that come with it just because they didn’t apply for settled status before their current status expires.

The court granted the IMA’s request for judicial review, ruling that failure to apply for settled status or apply again for pre-settled status before the expiration of one’s current status would result in the loss of one’s lawful UK status and all associated rights under Part 2 of the Withdrawal Agreement, the EEA EFTA Separation Agreement, and the Swiss Citizens Rights Agreement.

As a result of this decision,

UK immigration solicitors is one of the top immigration firms based in the UK having its offices in all major cities of the UK.

For one-to-one consultation with your dedicated lawyer at UK immigration solicitors, call now at 0203 384 4389.

Post-Court Decision: Home Office Policy Update

After the court decision, the Home Office said pre-settled status holders no longer have to reapply for full settled status. They mentioned new laws would be made. In July 2023, the Home Office provided updated guidance, stating that the right to stay in the UK with pre-settled status doesn’t end just because someone doesn’t apply again to the EU Settlement Scheme.

Automatic Extension For EU Pre-Settled Status Holders

Starting in September 2023, if you have pre-settled status and haven’t gotten settled status yet, you’ll get a two-year extension automatically. The government has the power to do this, and it will happen without you having to do anything. They’ll update your digital status, and you’ll be informed directly.

Automated Checks and Upgrading to Settled Status

In 2024, the government will use automated checks on its records to confirm if people with pre-settled status have continuously lived in the UK. If they have, these individuals will be upgraded to fully settled status automatically. This upgrade will happen without them having to apply again to the settlement scheme. The government will make sure to check carefully so that settled status is only given to those who should have it. So, if you qualify, your pre-settled status will turn into full-settled status without needing another application.

When the new rules are implemented, pre-settled status holders ought to continue to apply for a transfer from pre-settled to full-settled status if they are eligible and before their status expires.

Our experienced UK immigration Solicitors can help you with your immigration process.

Difference Between Pre-Settled & Settled Status?

You’ll be able to live, work, and study in the UK regardless of whether you are granted settled or pre-settled status. You will also have full access to public funds, healthcare, and benefits, including pensions and benefits if you qualify for them. Additionally, you will be able to come and go from the UK for both statuses.

Settled Status Conditions & Benefits

Our experienced UK immigration Solicitors can help you with your immigration process.

Who can Apply for EU Pre-Settled Status?

If you are a citizen of the UK by December 31, 2020, and you have not yet completed five years of continuous residence by then, you will be qualified to obtain pre-settled status.

On the other hand, you should be granted settled status if your application under the EU settlement scheme is approved and you have resided in the UK for five years or longer. This will allow you to continue living, having a job, and/or studying in the UK for as much time as you like.

In the qualifying residence period, EU citizens are not allowed to spend more than six months out of 12 months away from the UK. This involves absences caused by the COVID pandemic unless exceptional circumstances can be shown, such as the absence being caused by the individual being ill with COVID or because of mandatory sola.

Absence from the UK in Pre-Settled Status because of COVID

According to the rules and regulations, a person loses their eligibility for full settled status after being out of the country for more than six months out of every twelve months during their qualifying five-year residency, unless there are exceptional reasons.

The question is whether the pandemic’s prolonged absence from the UK counts as an exceptional situation.

However, according to Home Office guidelines from January 2021, an individual will only be exempt from the excessive absence requirement if they can demonstrate that their absence was caused by a COVID-19 illness or a forced quarantine.

For further details, call now at 0203 384 4389

Our experienced UK immigration Solicitors can help you with your immigration process.

Are family members who are not in the EU eligible?

Family members may apply for pre-settled, or settled, status under the EU settlement program from anywhere in the globe; they do not have to be citizens of the EU, the EEA, or Switzerland. We refer to these applicants as family members who are not EU citizens.

If your family member is from the EU, EEA, or Switzerland, like a spouse, partner, or parent, you might be eligible to apply. This includes children, grandchildren, grandparents, and other relatives connected to them.

If you’re not from the EU but had a family member from there living in the UK, you might still be eligible for settled status, especially if that family member has moved away or passed away.

To discuss your complex case with experienced solicitors in the UK, call now at 0203 384 4389

How Can I Apply for an EU Pre-Settled Status?

You must provide evidence that you were a UK resident as of December 31, 2020, in order to apply for pre-settled status. The following are the alternatives to this:

If you need any assistance with your EU to UK Immigration process you can contact our experts online or call us at 0203 384 4389.

Our experienced UK immigration Solicitors can help you with your immigration process.

Documents Required For EU Pre-Settled Status

In most situations, you will be eligible to send in your application online; however, there are some restricted exclusions, such as for some non-EU family members, who must submit requests for pre-settled or settled status by paper application and post. You have to fulfil the following pre-settled requirements:

A digital picture of your face must be submitted as part of the application procedure. You can accomplish this by taking a “selfie.”

Our seasoned solicitors have assisted individuals like you. Contact us today at 0203 384 4389 to explore your options and secure expert guidance.

Our experienced UK immigration Solicitors can help you with your immigration process.

When is it possible to submit a request for UK pre-settled status?

The EU settlement mechanism is currently accepting applications at no cost. But in the majority of circumstances, the last day to apply is June 30, 2021, or December 31, 2020, if the UK exits the EU with no deal.

To submit a request for UK pre-settled status, or to know more in detail call us at 0203 384 4389.

Our experienced UK immigration Solicitors can help you with your immigration process.

Can someone having pre-settled status in the UK apply for British citizenship?

If you are only qualified for pre-settled status, you cannot apply for British citizenship. Before you apply for established status, you must have lived in the UK continuously for five years.

After receiving settled status, you must remain in the UK for one additional year before submitting a request for British citizenship.

To be eligible, you must also meet certain requirements, such as being of sound mind and moral character and possessing adequate English language skills and familiarity with UK culture. Call 0203 384 4389.

Our experienced UK immigration Solicitors can help you with your immigration process.

Frequently Asked Questions

Most of the time, a child needs a visa in order to live in the UK. For instance, if their parent is a foreign national working or studying in the country, the child may need a Child Dependant Visa.

Your stay in the UK is only allowed to last five years if you have pre-settled status. In order for you to be eligible for full settled status, you must complete the necessary five years of continuous residence.
The processing of an application may take five business days or more.
Indeed, you may lose your pre-settled status if you leave the UK for two consecutive years. Additionally, if you spend more than six months abroad within any 12 months with pre-settled Status, your term of “continuous residence” resets to zero.

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