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Pre-Settled and Settled Status

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Pre-Settled and Settled Status

The United Kingdom left the European Union on 31 January 2020 at 11 PM and entered a transition period, due to end on 31 December 2020. During this transition period, EU nationals can continue to enjoy their freedom of movement rights in the UK as they did before Brexit. The rights and status of EU, EEA and Swiss citizens living in the UK will remain the same until 30 June 2021. EU citizens and their family members who wish to remain in the UK after 30 June 2021 will need to apply for an immigration status to remain lawfully in the UK under the EU Settlement Scheme (EUSS). EU citizens and their family members who can prove they have lived in the UK for five years or more will be granted settled status, and those living here for less than five years will be granted pre-settled status.

Eligibility requirements for EU settlement scheme

Settled Status

EU citizens and any of their non-EU family members who arrived before 31 December 2020, and have been continuously resident in the UK for five years by the time of their application, will be eligible for settled status enabling them to stay indefinitely.

Pre-settled status

EU citizens and their family members who arrive by 31 December 2020, but will not yet have been continuously resident here for five years by the time of their application, will be eligible for “pre-settled status”. This allows them to stay until they have reached the five-year threshold and then apply for settled status.

Rights & Benefits of EU Settlement scheme
EU nationals and their families granted any settled or pre-settled status under the EU Settlement scheme will be entitled to the below.
  • Work in the UK
  • Use the NHS for free as you do now
  • Enrol in education or continue studying
  • Access public funds such as benefits and pensions, if you’re eligible for them
  • Travel in and out of the UK
In addition to this, the EU Settlement scheme also allows close family members (a spouse, civil partner, durable partner, dependent child or grandchild, and dependent parent or grandparent) living overseas to join their EU citizen sponsor in the UK after 31 December 2020, if the relationship existed on that date. The deadline for applications is 30 June 2021, it is highly recommended that everyone apply by 31 December 2020, to ensure they can show they were living in the UK before that date. The application is free of charge and the applicants can download the EU Exit: ID Document check application to start the ID verification process and then submit the supporting documents by online or post.
How can we assist?
If you are unable to make an application for the EU Settlement Scheme or you are unsure if you qualify, City Legal can offer you full assistance through face-to-face consultation, evaluation of supporting documents and full representation in the submission of your application. We can also provide expert advice to those individuals who meet the criteria but have been subject to criminal convictions or unable to prove their continuous residence for the grant of EUSS. We are a multi award winning law firm and pride ourselves in being approachable, innovative and always going that extra mile to make sure our clients receive the individual attention they deserve. Our Immigration team maintains a high reputation and is committed to provide clear, transparent and reliable advice to our clients.
Frequently Asked Questions

Applications can be made using any device, for example, a laptop, Android device or iPhone.Full guidance can be found at gov.uk.

The processing time for the EU Settlement Scheme is 5 -10 days. However, the application might take longer, if further information or supporting documents are required.
No, It is not required for holders of Indefinite Leave to enter or remain, British National or Irish National (Including those with Dual Nationality) or those exempt from Immigration Control.
The applicants will be able to apply for an administrative review of the decision if there has been any case working errors or appeal the decision to Immigration Tribunals if application is made on or after 11 PM on 31 January 2020.
EU nationals and families must apply under the scheme if they wish to continue living and working in the UK after 30 June 2021. Not applying for the scheme will lead to losing rights to access work, education, medical treatments and public funds.
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