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EU Pre Settled Status UK

You can stay and work in the UK for up to 5 years if you get pre-settled status. If you have pre-settled status UK, you can leave the UK for up to 6 months every 12 months. 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 02033844389. We’re always available to help you.

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What is EU Pre-Settled Status UK?

People who started living in the UK by December 31, 2020 (the end of the “Withdrawal Period”) and want to stay there after June 30, 2021 (the end of the “Grace Period”) can use the EU Settlement Scheme. This includes EU, EEA, and Swiss citizens and their family members.

A 5-year limited leave, also called Pre-Settled Status, is awarded to eligible individuals who still need to complete a continuous 5-year qualifying residence period in the UK. Once you have lived in the UK for 5 years and met the requirements, you can apply for Settled Status.

Family members of an EU, EEA, or Swiss cousin who started living in the UK by December 31, 2020, and the relationship started before that date can also join the EU Settlement Scheme. Before coming to the UK, they must apply for an EU Settlement Scheme Family Permit. If they want to stay, they must apply for Pre-Settled Status. 

For more details call us not at 02033844389.

Eu settlement scheme family permit

What are the Requirements for EU Pre Settled Status?

To be eligible for Pre-Settled Status, you must meet the following requirements set out by UK Visas & Immigration:

  • You are a member of the EEA; or
  • You are living with an EEA national or a member of their family; or
  • Moreover, you are a family member who has kept their right to live in the EEA because they are related to a relevant EEA person; or
  • You have a legally derived right to live; or
  • You have the right to live in Zambrano, and
  • By December 31, 2020, you had moved to the UK; and
  • Under the EU Settlement Scheme, you are not qualified for Settled Status because you have not lived in the EU continuously for at least 5 years.
  • You must show UK Visas & Immigration that the following is true in order to be eligible for Pre-Settled Status as a new family member:
  • You are a member of an appropriate sponsor’s family who is joining; or
  • Additionally, your relationship with an appropriate sponsor has given you the right to stay in the country as a family member; and
  • Under the EU Settlement Scheme, you are not qualified for Settled Status because you have not lived in the EU continuously for at least 5 years.

Furthermore, it is important to think about whether an application for an EU Settlement Scheme Family Permit should be made first if the family member who is joining lives outside of the EU.

There are different requirements that you may need to meet based on your situation. You might want to get professional help from our expert immigration solicitors. 

Call us now at 02033844389.

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

Can non-EU family members apply?

Family members don’t have to be from the EU, the EEA, or Switzerland to be able to apply for pre-settled, or settled, status under the EU settlement system. They can come from anywhere in the world. This group of applicants is called a non-EU citizen family member.

One’s spouse, civil partner, or unmarried partner who is an EU, EEA, or Swiss person is considered a family member. Additionally, you might be able to apply if you are the child, grandchild, parent, grandparent, or other cousin of an EU, EEA, or Swiss citizen, or if you are married to or legally married to one of those people.

It’s also possible for a person who is not from the EU to apply for settled status if they used to have an EU, EEA, or Swiss family member living in the UK but that person has since died or separated.

To discuss your complex case with experienced solicitors in the UK, call now at 02033844389.

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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,

  • If a person having pre-settled status under the EUSS does not submit a second application before the permission’s five-year expiration date, they will not lose their right to reside in the country.
  • If someone has pre-settled status and lives in the UK for 5 years without a break, they won’t lose their right to stay even if they don’t apply for settled status.

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 02033844389.

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

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 2025, 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.

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What is the difference between Pre settled and Settled status?

You will be able to live, work, and study in the UK as long as you have settled or pre settled status. You will also have full access to healthcare and public funds, such as benefits and pensions if you are qualified.

Also, you will be able to move inside and outside of the UK.

But in general, if you have settled status, you should be able to stay outside the UK for up to five years in a row without losing it. For people who already have settled status, this is only likely to be possible for two years.

If you wanted to become settled, you would also have to keep up your constant residence.

Also, if you have settled status, any children born in the UK while you are living here are immediately British citizens. If you have pre-settled status, on the other hand, any children born in the UK will only be British citizens if they qualify through their other parent. In any other case, these kids would only be eligible for pre settled status UK.

People who have stayed in the UK may also be able to become British citizens.

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

How to Apply for Pre Settled Status UK?

If you want to get pre settled status UK, you will need to show that you lived in the UK by December 31, 2020. However, the following are exceptions:

  • one time of up to twelve months for a serious reason, like having a baby, being sick, studying, getting vocational training, or being sent to work abroad.
  • service in the military for any length of time
  • when you worked abroad for the Crown or as a family member of a Crown worker
  • when you were in the military or as a family member of someone in the military and lived abroad.

Most of the time, you can submit your application online. However, there are some situations where you will need to send a paper application and mail it. For example, if you have a family member who is not from the EU, you will need to send a paper application and mail it.

You’ll need these things to apply:

  • A passport or national identity card is proof of who you are if you are an EU, EEA, or Swiss citizen. For family members who are not from the EU, a biometric residence permit may be needed.
  • Your national insurance number so that your residency can be checked using tax and benefit records; or as an alternative, proof that you live in the UK, which includes proof of continuous residence over a five-year period for those of you searching for settled status;
  • Proof that you are related to a family member from the EU, EEA, or Switzerland if you are not a citizen of those countries.

You will also have to send a digital picture of your face as part of the application process. A “selfie” is one way to do this.

If you need any assistance with your EU to UK Immigration process you can contact our experts online or call us at 02033844389.

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

When may you apply for UK Pre Setteld Status?

You can now apply for the EU settlement plan for free. But in most cases, the last day to apply is June 30, 2021, or December 31, 2020, if the UK leaves the EU without a deal.

Your rights will stay the same until then if you are a citizen of the EU, EEA, or Switzerland or a family member living in the UK. This is only true if you lived in the UK by December 31, 2020, or until the UK leaves the EU without a deal.

If you will satisfy the five-year continuous residence requirement before December 30, 2020, you might want to wait to apply until after that date. That way, if your application is accepted, you will be given settled status.

To submit a request for UK pre-settled status, or to know more in detail call us at  02033844389.

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

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 02033844389.

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

With pre-settled status UK, can I apply for British citizenship?

You can’t apply for British citizenship if all you have is “pre-settled status.” Before you can apply for settled status, you will need to have lived in the UK continuously for five years.

Once you have been given settled status, you will need to stay in the UK for another twelve months before you can apply for British citizenship.

You must also meet the requirements for eligibility, which include being of sound mind and good behaviour and know enough about the English language and how things work in the UK.

Contact us now for assistance 02033844389.

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