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  • FAQ

    Last updated: July 25th, 2023

    When should I apply for settled status if I already have pre-settled status?

    The recent court case against the Home Office ruled that people who hold pre-settled status do not lose their rights if they do not make another EUSS application and their pre-settled status expires (see more details at https://the3million.org.uk/faq/ima-pss-jr-consequences)

    However, we still strongly recommend that you apply for settled status as soon as you are eligible, which is as soon as you have 5 years’ residence in the UK.

    • Settled status is a more secure status.
    • Settled status allows longer absences from the UK before status is lost than pre-settled status.
    • Settled status holders face fewer barriers to being eligible to welfare benefits than those with pre-settled status.
    • With pre-settled status, a prison sentence of any length will break continuity of residence meaning you will lose the ability to change from pre-settled to settled status.

    See also this document for more details of the difference of the two statuses.

    Following the High Court judgment, changes made by the Home Office in July 2023 reflect the fact that you may also be able to demonstrate permanent residence rights without having settled status - see this FAQ for more information. However, it will be more cumbersome (requiring more evidence) to demonstrate those rights without a grant of settled status.

    When you receive your decision email from the Home Office, the PDF attached to the email will explicitly mention which status you have. If you have pre-settled status, it will indicate the day your status expires. If you log into View & Prove, you can also see which status you have, and your expiry date if you have pre-settled status.

    If you reach 5 years’ residence before it expires, you can apply for settled status before your pre-settled status expires. For example, if you have been in the UK since 2017 and you received pre-settled status in 2019, then your pre-settled status expires in 2024. However, if you continue to live in the UK, you will reach 5 years’ residence in 2022, at which point you can apply for settled status.

    With pre-settled status, it is important not to break your continuity of residence. This means you cannot be out of the UK for more than 6 months in any 12-month period (with some exceptions allowed for ‘important reasons’ and Coronavirus related absences - see here ). Your 5 years’ continuity of residence must have started before 31 December 2020.

    See also our FAQ How do I upgrade my pre-settled to settled status?

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