What is Pre-settled Status? Application Process, Requirements and Who can apply

Post Brexit, the residence status for EU citizens who moved to the United Kingdom before 01 January 2021 is protected under UK immigration law. The residence rights of their existing as well as some former family members, and children are also protected. 

The EUSS (EU Settlement Scheme), as part of the UK Immigration Law, provided a basis for a person from the EU, Norway, Iceland, Liechtenstein, or Switzerland who was lawfully resident in the UK before 31 December 2020 and their family members to seek a UK immigration status (settled status or pre-settled status), which they would need to continue to stay here.  A person who is a family member of an eligible person from Northern Ireland might also be able to apply to the EUSS.

Here, pre-settled status is a form of limited leave to remain – when a person applies from inside the UK, or limited leave to enter – when a person applies from outside the UK, granted under the EUSS (EU Settlement Scheme).

Appendix EU

In response to the Brexit situation, the Appendix EU to the UK immigration rules was first laid before Parliament on 20 July 2018 (CM 9675). It was later substituted by the statement of changes laid before Parliament on 22nd October 2020 (HC 813) and amended by the statement of changes laid before Parliament on 4th March 2021 (HC 1248).

Appendix EU is a part of the UK Immigration Rules. It sets out the basis upon which an EU, Norway, Iceland, Liechtenstein, or Swiss citizen who arrived in the UK by 31 December 2020 (the last date of the ‘Withdrawal Period’) and their family members (spouse, child, etc), and the family members of a qualifying British citizen, will be granted immigration status of ILR (Indefinite Leave to Remain) or ILE (Indefinite Leave to Enter) or limited leave to remain or enter the UK after 30 June 2021 (the last date of the ‘Grace Period’), if they apply under this Appendix.

Appendix EU also governs the EUSS (EU Settlement Scheme), which provides a legal route to the EEA and Swiss citizens, and their family members, to secure their rights in the UK after the UK departed from the EU.

Deadline to apply to the EU Settlement Scheme

For most people, the last date to apply to the EUSS (EU Settlement Scheme) was 30 June 2021. However, this specific deadline does not apply to people who already have limited leave or pre-settled status and are applying for settled status.

A person can still apply to the EUSS if:

• The deadline for them to apply is after 30 June 2021

• They have ‘reasonable grounds’ because of which they are applying now, and not by the deadline for an application or within the time since the deadline passed

What they will get?

A successful applicant will be given:

• Settled status (ILR (Indefinite Leave to Remain) – where a person applied from within the UK or ILE (Indefinite Leave to Enter) – where a person applied from overseas), usually where they have resided in the UK for a continuous 5-year period; or

• Pre-settled status

• Applicants will not be asked to choose between the two when applying. The status they get usually depends on how long they have been living in the UK on the date of their application. 

Applicants with less than five years of UK residence will be granted pre-settled status.

What is Pre-Settled Status?

Pre-Settled Status is a special form of limited leave to remain or enter under the EUSS, enabling EU, Norway, Iceland, Liechtenstein, or Swiss citizens, and their family members, to continue enjoying the same rights to live, study, work, and healthcare in the UK as they would have before Brexit. The primary applicant must have started living in the UK before 31 December 2020. 

An eligible person must apply for the EU Settlement Scheme, and depending on the number of years they have resided in the UK, they will be granted either pre-settled status or settled status. 

A 5-year limited leave, also referred to as ‘pre-settled status’, is an immigration status granted under the EU Settlement Scheme. Successful applicants get pre-settled status as 5 years’ LTE (limited leave to enter) (where the application is made outside the UK) or 5 years’ LTR (limited leave to remain) (where the application is made within the UK).

The pre-settled status allows people to live, study, and work in the UK for five years, and also provides a pathway to settled status (also known as Indefinite Leave to Remain or Indefinite Leave to Enter) in the UK once the pre-settled status holder has lived in the UK consecutively for five years.

Pre-settled status was originally granted for five years, after which the status holders had to apply to extend it or switch to settled status. However, pre-settled status in the UK is now automatically extended by a further five years before it expires. Once a person with pre-settled status completes the qualifying residence period, they can apply for or may be upgraded automatically to settled status following Home Office checks of official records.

Who is Pre-Settled Status for?

Citizens of the EU, Norway, Iceland, Liechtenstein, and Switzerland who started residing in the UK by 31 December 2020 (the final deadline of the ‘Withdrawal Period’) and their qualifying family members who wanted to continue their stay in the UK after 30 June 2021 (the final deadline of the ‘Grace Period’), needed to apply to the EUSS.

Successful applicants who have lived in the UK for less than 5 years in a row in is granted a limited leave for a period of 5 years, also known as Pre-Settled Status.

Automatic extensions of Pre-settled Status

From September 2023, following the ruling of the UK High Court of Justice in the IMA v SSHD case dated 20 December 2022, someone’s Pre-Settled Status will automatically be extended without the need to reapply for it. The pre-settled status will be extended before it is due to expire at the end of 5 years' residence in the UK, if the status holder has not yet moved to Settled Status. 

The extension of an individual’s Pre-Settled Status initially lasted for two years, but from 21 May 2024 onwards, it lasts for five years. This means people who obtained two-year extensions starting from September 2023 and thus expiring in September 2025 may get a second extension of five years. Once the extension is in place, people’s full rights granted by pre-settled status will continue.

Converting to Settled Status

Once a person with pre-settled status in the UK has completed 5 years of continuous residence here, they may either be automatically upgraded or manually apply for settled status, which gives them the right to live, study, and work in the UK indefinitely without any immigration restriction. 

Home Office HMRC (HM Revenue and Customs)/DWP (Department for Work and Pensions) data checks now upgrade eligible pre-settled holders to settled status without an application.

Losing Pre-settled Status

A person with pre-settled status who stayed away from the UK for two years by 21 May 2024 lost their pre-settled status. However, this rule has changed now. Pre-settled status now lapses only after five consecutive years outside the UK (or four years for Swiss citizens).

Applying for Pre-settled Status

A person can usually apply for the EUSS online using any device, for example, an Android device, or iPhone, or a laptop.

The applicant will be asked if they have lived in the UK for 5 or more years, or less than 5 years. Those who choose less than 5 years are applying for pre-settled status.

If a person cannot use the online service, for example, because they don’t have or can’t get hold of their passport or national identity card, they can contact the EUSS team at UK Visas and Immigration (the ‘Resolution Centre’) to know how they can apply.

The resolution centre will usually send the applicant an application form. The applicant must send a completed application form along with any supporting documents to the Home Office by post to the address below.

EU Settlement Scheme
PO Box 2076
Liverpool
L69 3PG

The applicant must not send their form back by email unless the Resolution Centre tells them to do so.

Applying from outside the UK

A person from the EU, Norway, Iceland, Liechtenstein, or Switzerland can apply from outside the UK if they hold a valid passport or national identity card with a biometric chip.

A person from somewhere else can apply to the EUSS from outside the UK if they have a UK-issued BRC (Biometric Residence Card), which can be used for 18 months after the expiry date printed on the BRC.

Otherwise, an individual will need to first apply for an EU Settlement Scheme Family Permit to come to the UK, and once they are in the UK, they can apply to the EUSS. 

There is no fee to apply to the scheme.

What will one need to apply?

A person from the EU, Norway, Iceland, Liechtenstein, or Switzerland who started residing in the UK by 31 December 2020 will need evidence to show their:

Identity

A person from the EU, Norway, Iceland, Liechtenstein, or Switzerland needs a valid passport or national identity card, and also a digital photo of their face.

A person not from any of these countries needs to provide one of the following:

• A valid passport

• A BRC (biometric residence card) issued in the UK that expired no more than 18 months ago

• An eVisa (or previously Biometric Residence Permit) issued in the UK that expired no more than 18 months ago

The applicant will also need to provide a digital photo of their face.

Those with no BRC or with a BRC that expired more than 18 months ago will need to provide their fingerprints (excluding children aged 5 and under).

A person with none of these may be able to use other evidence in certain situations.

A person can either scan their document, such as a passport or a BRC, and upload their photo using the ‘EU Exit: ID Document Check’ app on an Android phone or an iPhone, or they can send their document through the post and upload their photo using the online application form. 

Continuous residence in the UK and (unless a person is applying to join a family member) it started by 31 December 2020

A person applying to the EUSS will need to provide evidence of the number of years they have continuously resided in the UK. Those who have spent less than 5 years will get pre-settled status.

A person who arrived in the UK by 31 December 2020 can give their NI (National Insurance) number, which allows the Home Office to conduct an automated check of their residence on the basis of tax and certain benefit records. 

Those who arrived in the UK on or after 1 January 2021 will need to provide more evidence.

Other evidence required

If the deadline of 30 June 2021 did not apply, the applicant will need evidence to prove why. If the deadline did apply, or they had a later deadline and they failed to meet it, they will need to provide evidence of their reasonable grounds for the delay in applying.

A person aged 18 or over will be checked by the Home Office to ensure that they have not committed serious or repeated crimes, and they do not pose a security threat.

Children of those with Pre-settled Status

If a person holds pre-settled status, their children will only acquire British citizenship at birth if their other parent is a British citizen or settled in the UK. Otherwise, the child may acquire pre-settled status but will not automatically be British.