EUSS Settled Status
What is Settled Status?
Settled Status confers permanent UK immigration status (Indefinite Leave to Remain), granting individuals the right to live in the UK indefinitely.
The EU Settlement Scheme (EUSS) is an immigration program established to secure the legal status of European Union (EU), European Economic Area (EEA), and Swiss citizens, along with their family members, who were residing in the UK by December 31, 2020, following the United Kingdom’s departure from the European Union.
Definition and Benefits of Settled Status
- Settled Status provides comprehensive rights and benefits:
- The right to live permanently in the UK
- Full ability to work, study, and access healthcare
- Eligibility to apply for British citizenship after one year (or immediately if married to a British citizen)
- Children born in the UK after a parent has obtained Settled Status are automatically considered British citizens
Who Qualifies for Settled Status?
Individuals who have completed a continuous period of at least five years of residence in the UK, ending on or before December 31, 2020, or those who transition from Pre-Settled Status after fulfilling the five-year continuous residence requirement.
Residence Requirements
Generally, you are required to have lived in the UK for a continuous period of five years. Settled Status requires evidence of a continuous five-year period of residence in the UK.
Generally, during this five-year period, the total time spent outside the UK in any 12-month period should not exceed six months. However, exceptions exist for significant reasons such as pregnancy, childbirth, serious illness, military service, or reasons related to COVID-19.
How to Apply for Settled Status
The application process for Settled Status is similar to that for Pre-Settled Status. You will be prompted to confirm whether you have resided in the UK for five years or more.
Applications are primarily submitted online via the official UK government website, following these steps:
Step-by-Step Guide to the Application Process
Check Eligibility
Ensure you meet the specific criteria for Settled Status.
Gather Documents
Prepare all necessary identity and residence proofs.
Complete Online Application
Fill out the detailed application form available on the official UK government website. You have the flexibility to save your application and return to it within 70 days.
Verify Identity
Utilise the “EU Exit: ID Document Check” app (available on Android and newer iPhones) for digital identity verification, or send your physical documents by post if required.
Upload Documentation
Upload up to 10 supporting documents (each not exceeding 6MB) to substantiate your claim of UK residence.
Biometrics (if applicable)
If you are from outside the EU, EEA, or Switzerland and do not already possess a biometric residence card/permit, you may be required to provide fingerprints and a photograph at a UKVCAS service point or a designated visa application centre.
Required Documents and Proof of Continuous Residence
Official ID
A valid passport, national identity card, or Biometric Residence Permit (BRP).
Proof of Continuous Residence
Evidence demonstrating your continuous residence in the UK for five years, with the period commencing before December 31, 2020 (unless you are joining a family member).
Acceptable documents include annual bank statements, P60 forms, council tax bills, rental agreements, utility bills, or letters from a General Practitioner (GP).
It is recommended to include at least one document dated within the last six months.
Processing Time and Fees
Applications for Settled Status are free of charge. Processing times typically range from five working days to one month, though they may extend if additional information or verification is necessary.
Travel and Absences
You have the indefinite right to live in the UK.
However, you will forfeit this status if you are absent from the UK for five consecutive years (or four consecutive years for Swiss citizens).
The Home Office has granted certain flexibilities for exceptional absences due to the pandemic.
For such situations, it is advisable to check the most current information directly on the Home Office’s official website.
Managing Your Settled Status
Digital Status Verification
Your status under the EUSS is digital rather than a physical document. You can view, prove, and securely share your status with employers, landlords, or other relevant parties via the UKVI’s “View and Prove your immigration status” online service.
Sharing Codes
To prove your status, you may need to generate unique “sharing codes.” These codes have a limited validity period and should only be shared securely with authorised individuals or entities.
Updating Personal Information
When you obtain a new passport or national identity card, or if your name changes, it is a legal requirement to notify the Home Office of these changes. Failure to do so can lead to complications in the future. It is important to update your address with the Home Office to ensure that crucial correspondence reaches you in a timely manner.
Pathway to British Citizenship
Individuals holding Settled Status are eligible to apply for British citizenship once certain conditions are met. Generally, they can apply one year after obtaining Settled Status (or immediately if married to a British citizen).
Key requirements typically include demonstrating good character, meeting English language proficiency, and passing the “Life in the UK” test.
Family Members and Future Applications
While the EUSS Family Permit primarily focuses on family relationships established before Brexit, individuals with existing Pre-Settled or Settled Status who wish to bring new spouses, partners, or children to the UK post-Brexit will generally need to apply through different visa categories (e.g., the Spouse/Partner Visa route).
It is crucial to understand that these processes are distinct from the EUSS Family Permit and are subject to different requirements.
Frequently Asked Questions
What happens if my application is refused?
If your application is refused, you may have the right to appeal the decision. It is advisable to seek specific guidance on the appeal process from official sources or qualified legal advisors.
Can I travel outside the UK on Settled Status?
You have the indefinite right to live in the UK. You will forfeit this status if you are absent from the UK for five consecutive years (or four consecutive years for Swiss citizens).
How to appeal a Settlement Status decision?
In the event of a refusal for Settlement Status, you possess the right to challenge the decision. Detailed guidance on the appeal process is available from official government sources and specialist legal advisors.
Latest EU Settlement Scheme News
Contact Us
Meridien House
42 Upper Berkeley Street
W1H 5PW
London, England
+44 7739 699 968
+44 20 3988 0575
contact@lexlegal.com
