EUSS Pre-Settled Status
Who Can Apply for Pre-Settled Status?
EU, EEA, and Swiss citizens and their family members who were residing in the UK by December 31, 2020, and have lived in the UK for less than five years, are eligible to apply.
Generally, EU, EEA, and Swiss citizens and their family members who were residents in the UK on or before December 31, 2020, are eligible to apply for the EUSS. While the main application deadline for most individuals was June 30, 2021, exceptions exist for late applications if there are “reasonable grounds” for the delay or if a later deadline applies (e.g., for certain family members joining later or for children born/adopted after April 1, 2021).
Eligibility Requirements
Pre-Settled Status requires proof that the applicant was residing in the UK for at least one day on or before December 31, 2020. There must not have been an absence from the UK exceeding six consecutive months since that date.
How to Apply for Pre-Settled Status
Applications are primarily submitted online via the official UK government website.
Step-by-Step Guide to the Online Application
Check Eligibility
Ensure you meet the specific criteria for Pre-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 Residence
Proof of Identity
A valid passport, national ID card, or Biometric Residence Permit (BRP).
Evidence of UK Residence
This can include a National Insurance number (which facilitates automatic checks), annual bank statements, P60/P45 forms, payslips, council tax bills, utility bills, tenancy agreements, or official letters from employers or General Practitioners (GPs).
You must demonstrate that you lived in the UK for at least one day on or before December 31, 2020, and have not been absent for more than six consecutive months since that date.
Application Processing Time and Fees
Applications for Pre-Settled Status are free of charge.
Straightforward applications typically have a processing time ranging from approximately five working days to one month.
However, processing times can extend if additional information is required, if the application is for a minor not linked to an adult, if documents require further verification, or if the applicant has a criminal record.
Rights and Limitations of Pre-Settled Status
Work and Study Rights
You are permitted to work and undertake studies in the UK.
Access to Public Services and Benefits
You can access the National Health Service (NHS) free of charge and enrol in educational institutions. However, access to certain welfare benefits might be more limited compared to individuals holding Settled Status.
How Long Can You Stay on Pre-Settled Status?
You can reside in the UK with Pre-Settled Status for a period of five years. To maintain this status, you must not spend more than two consecutive years outside the UK, the Channel Islands, or the Isle of Man. Failing to adhere to this rule will result in the loss of your Pre-Settled Status.
Transitioning from Pre-Settled to Settled Status
Eligibility for Settled Status After Five Years
Upon completing five years of continuous residence in the UK, you become eligible to apply for Settled Status. This five-year period commences from the date you initially began living in the UK, not from the date your Pre-Settled Status was granted.
Key Requirements for Upgrading Your Status
You must satisfy the continuous residence criteria and meet suitability requirements (e.g., demonstrating good character).
Potential for Automatic Upgrade
The Home Office may, in certain circumstances (especially if they possess sufficient data), automatically upgrade Pre-Settled Status to Settled Status. However, this is not always guaranteed, and individuals making their own application is generally the safest approach.
Managing Your Pre-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.
Travel and Absences
You are permitted to travel in and out of the UK. However, your status will be lost if you spend more than two consecutive years outside the UK, the Channel Islands, or the Isle of Man. This period is calculated by counting every day spent outside these territories.
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
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 Pre-Settled Status?
You are permitted to travel in and out of the UK. However, be aware that you will lose your Pre-Settled Status if you spend more than two consecutive years outside the UK, the Channel Islands, or the Isle of Man.
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