Pre-settled vs settled status

The main differences between pre-settled and settled status.

 

Pre-Settled
Settled
What is it?

UK immigration status called Limited Leave to Remain

UK immigration status called Indefinite Leave to Remain

Who is it for?

EU, EEA, Swiss citizens and their family members who:

  • reside in the UK by 31 Dec 2020,
  • have no serious criminal record, and:

have lived in the UK for less than five years.

have lived in the UK for at least five years, during which time they spent less than 6 months abroad in any 12 month period (unless for compulsory military service; a single absence of 6 12 months may be allowed for an “important reason”). This is called “continuous residence.”

How long is it granted for?

For five years, but you will lose it if you leave the UK for a period of 2 consecutive years. In addition, your period of “continuous residence” resets to 0 if you spend over 6 months abroad in any 12-month period. (But see this FAQ). This means you will lose the ability to change your pre-settled status to settled. It can also be revoked for subsequent criminal offending.

Forever, but you will lose it if you leave the UK for a period of 5 consecutive years (4 years for Swiss citizens). It can also be revoked for subsequent criminal offending.

When do I need to re-apply?

You need to re-apply to change your pre-settled status to settled before your pre-settled status expires. You will be able to do this as soon as you accrue 5 years of “continuous residence”. (But see this FAQ)

Never!
You do not need to re-apply.

What are my
employment and welfare rights?

You will enjoy the same rights to live, work, and healthcare as you do now. Pre-settled status is not a “right to reside” for the
purpose of access to welfare (but see this FAQ). This has been subject to legal challenge – please read this
CPAG website
, and particularly the section “What can a claimant in a similar position do?” The Withdrawal Agreement also means that you may be able to show an alternative “right to reside” by being a worker for example. 

You will enjoy the same rights to live, work, healthcare and welfare as UK citizens, as your settled status is evidence that you have a right to reside in the UK.

Can I apply for UK Citizenship?

Perhaps, you need to be settled in the UK before you can apply - see this FAQ for more details.

Not necessarily. The requirements for
citizenship and settled status are different. Also, if you do apply, you can only do so after holding settled status for a year – unless you are married to a British citizen.

What status will my child get?

If you have pre-settled status and you link your child’s application to yours, your child will get pre-settled status. However, also see this FAQ.

If you have settled status and you link your child’s application to yours, your child will get settled status.
If you have a baby (born in the UK) after you have been given settled status, your baby will be born a British citizen and does not need to apply for settled status.

 

Note: this is a simplified overview of main differences. If you have concerns about your eligibility, in particular whether a criminal record will interfere with your application, you should seek advice.

Do not wait to claim Universal Credit if you were made involuntarily unemployed

This is especially important for pre-settled status holders. You must claim as soon as you lose your job. Do not wait.

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