The EU settlement scheme was launched for EU, EEA, and Swiss nationals and their family members/extended family members to continue living in the UK after Brexit. The relevant piece of legislation relevant to an application for EU Settled status or pre-settled status is Appendix EU of the Immigration Rules.
An application under the Appendix EU is relevant to EU nationals who have been in the UK before the relevant date that is 31 December 2020. The EU nationals who have entered after this date cannot qualify for a pre-settled status under the Appendix EU of the Immigration Rules.
Whether you apply for pre-settled or settled status depends on the length of your stay. If you have lived in the UK for less than 5 years then you will generally be granted pre-settled status Depending on how many years you had spent in the UK on the date of application, you were granted pre-settled status or settled status.
The last date to apply for EUSS for people already in the UK before 31 December 2020 was 30 June 2021. If you were married or formed a civil partnership before 31 December 2020 then you can come to the UK as a family member of an EU/EEA national under Appendix EU Family Permit of the Immigration Rules It should be noted that if there is a valid reason – why you were unable to apply for pre-settled or settled status before the deadline? then you may still be able to make an application provided that you had ‘reasonable grounds’ for their delay.
Pre-settled status is what limited leave to remain is for non-UK and non-EU nationals. If you are granted pre-settled status, you can live in the UK for 5 years.
The Home Office has announced that some of the applicants will automatically be granted EU Settled Status, however if you have not heard from the Home Office in connection with your status then you must apply for the settled status if you are eligible for the settled status.
EUSS status holders should update their digital status with their latest passport or national ID card details. They should also update their contact information, including their email address, using the 'Update your UK Visas and Immigration account details' service at https://www.gov.uk/update-uk-visas-immigration-account-details
Settled status is indefinite leave to remain or permanent residence. If you are granted settled status, you can live in the UK indefinitely without any time restrictions.
If you don’t apply for settled status, you will automatically be granted a 5-year extension of your pre-settled status before it expires. For this, you must continue to meet the eligibility criteria. You don’t need to contact the Home Office to request an extension of your pre-settled status.
If you have automatically received settled status you don’t need to do anything. However, if you have pre-settled status and you have lived for 5 years continuously in the UK, you can apply for settled status. You can apply for settled status before your pre-settled status expires. You can apply for settled status as soon as you complete 5 years of residence in the UK.
You can count time spent in the UK before you were granted pre-settled status as well. You can also count the time you have spent time living in the Channel Islands or the Isle of Man by counting 5 years of continuous residence. You cannot have absences of six months in any 12 months unless the absences were for important reason – example – pregnancy, serious health issues, etcetera
The applicant should not be subject to a deportation order or exclusion order or exclusion decision. Your presence in the UK should not be conducive to public good because of a conduct you committed after 31 December 2020.
The applicant should have provided any false or misleading information; however, the assessment would be based on the fact whether it is proportionate or not to refuse the applicant. You may not be able to get settled status from pre-settled status after 5 years if you got pre-settled status initially as a family member of an EU, EEA, or Swiss national but your relationship with an EU, EEA, or Swiss citizen has ended, unless you meet the requirements for retained right of residence.
You can apply online on GOV.UK. You can also use a paper form to apply for settled status and send it to the Home Office. You may need to upload or send supporting documents such as utility bills, bank statements, or a letter from a GP or charity to prove your continuous residency in the UK.
You can apply for settled status as soon as you complete 5 years of continuous residence in the UK. You should gather the necessary documents and apply for settled status before the pre- settled status expires.
It takes a few weeks to get a decision on your application for settled status. It can also take time, up to 6 months or more in some cases.
There can be the following change in your circumstances.
If your family member died, you can still apply for settled status after 5 years if you lived in the UK for at least 1 year as their family member before they died or you are below the age of 21 and you are in education.
Unless an exception applies, you cannot apply for settled status.
You can get settled status after 5 years only if you are below the age of 21 and you are in education or you have a responsibility for a child aged under 21 who is in education.
You can get settled status after 5 years if you got pre-settled status as a dependent child aged under 21 or as a dependent parent.
We specialize in helping our clients move from pre-settled status to settled status. We guide you through the complete application process. We ensure that you meet all eligibility criteria. Our team helps you collect the necessary documents and submit your settled status application under the EUSS.
Let us simplify the process and provide specialist assistance to secure your settled status in the UK. For any query related to applying for settled status after pre-settled status, you can call us at +44 (0)20 3411 1261.
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