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  • FAQ

    Last updated: January 4th, 2023

    I am a non-EU citizen and was granted pre-settled status on the basis of my relationship with an EU family member. My family member has left the UK / passed away, will I still be able to apply for settled status?

    (In this FAQ, we use EU citizens to mean EU, EEA or Swiss citizens, and non-EU to mean family members who are not EU, EEA or Swiss citizens.)

    If your EU family member has died, you can still apply for settled status if one of the following applies:

    • you lived continuously in the UK as their family member for at least one year immediately before their death; or
    • you are a child and you are still in education (this also applies if your parent left the UK rather than died); or
    • you are a parent with custody of a child who is still in education and whose EU parent has died or left the UK (though that child must have come to the UK before 31 December 2020) .

    If you are not eligible to apply for settled status, because you don’t fall into one of the categories above, then you will still be able to stay in the UK until your pre-settled status expires. After it expires, you will need to apply under a different UK immigration route if you wish to stay in the UK.

    See https://www.gov.uk/settled-status-eu-citizens-families/join-EU-EEA-Swiss-family-member for more information. 

    See https://www.gov.uk/family-permit/apply-retained-right-of-residence for more information if you are currently outside the UK.

    The European Union has published a detailed leaflet about retained and derivative residence rights, which you can download here.

    We recommend you seek legal advice if you are in this situation, or if you are a family member of someone in this situation. See https://www.the3million.org.uk/useful-links for details of organisations who can provide legal advice.
     

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