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:
| |
| have lived in the UK for less than five years, during which time they must maintain their continuous residence in order to become eligible for settled status. | have lived in the UK for at least five years, during which time they maintained their continuous residence.
| |
How long is it granted for? | For five years, but it can be deemed to have lapsed automatically if you leave the UK for too long. From 2023, the Home Office started a policy of extending pre-settled status shortly before its expiry date. From 2025, they started automatically upgrading some pre-settled status holders, where eligible, to settled status. The Home Office may also remove status if they consider you are no longer eligible for it. See this page on our website for more details. 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 and their family members). It can also be revoked for subsequent criminal offending. |
When do I need to re-apply? | Once you accrue 5 years of ‘continuous residence’ you can apply for settled status. It is possible that the Home Office may automatically grant you settled status if they can determine from their records that you are eligible for it. The Home Office may also have extended your pre-settled status by 2 or 5 years, or may do so once it reaches its expiry date. However the Home Office can also contact you if they think you are no longer eligible. See our web page here for more details. | Never! You do not need to re-apply. |
What are my | You will enjoy the same rights to live, work, and healthcare as you would have before Brexit. 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 for a year (unless you are married to a British citizen) before you can apply - see this FAQ for more details. You also need to check the absence requirements for citizenship as they are stricter than the requirements to be settled. | Perhaps. 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. Note - if you have pre-settled status as a joining family member, then you will not be able to sponsor a child under the EU Settlement Scheme. 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.
