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Imran & Co Solicitors
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Pre-Settled Status under the EU Settlement Scheme

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Overview

Pre-Settled Status under the EU Settlement Scheme is part of the EU Settlement Scheme, which allows EU, EEA, and Swiss citizens and their family members to continue living in the UK post-Brexit. It is designed for those who have not yet lived in the UK for five years continuously.

Key Features:

Eligibility:

  • EU, EEA, and Swiss citizens who started living in the UK by 31 December 2020.
  • Family members of these citizens, even if they are not from the EU, EEA, or Switzerland.
  • Applicants who have not yet accumulated five years of continuous residence in the UK.

Rights Granted:

  • Right to live, work, and study in the UK.
  • Access to healthcare, pensions, and other benefits as entitled.

Duration:

  • Pre-settled status is granted for five years.
  • Within these five years, holders can apply for settled status once they reach five years of continuous residence in the UK.

Continuous Residence:

  • To qualify for settled status, you must not have been absent from the UK for more than six months in any 12-month period, with some exceptions.

Latest Updates from the Home Office (as of August 2024):

Automatic Extension of Pre-Settled Status:

  • The Home Office has introduced an automatic extension for pre-settled status holders who have not yet applied for settled status before their pre-settled status expires. This aims to prevent individuals from losing their rights if they forget to apply for settled status in time.

Application Reminders:

  • The Home Office will send reminders to pre-settled status holders as they approach their five-year mark to encourage timely application for settled status.

Flexibility for Absences:

There has been increased flexibility regarding absences from the UK due to COVID-19, allowing more exceptions for those who had to leave the UK due to pandemic-related

FAQ (Frequently asked questions):

Pre-settled status is granted to EU, EEA, and Swiss citizens and their eligible family members who have been living in the UK for less than five years. It allows them to stay in the UK for a further five years, after which they can apply for settled status.

Applications are made online through the UK government website. You need to provide proof of identity and residence in the UK.

You can live, work, and study in the UK. You are also entitled to NHS healthcare, public funds, and pensions.

You can apply for settled status once you have lived in the UK for five continuous years. Apply before your pre-settled status expires.

With the new automatic extension, your pre-settled status will not expire if you fail to apply for settled status in time. You will receive reminders to apply.

Yes, close family members (spouse, civil partner, dependent children, grandchildren, parents, and grandparents) can apply, even if they are not from the EU, EEA, or Switzerland.

  • Valid passport or national identity card.
  • Proof of residence in the UK (e.g., bank statements, utility bills, tenancy agreements).

Yes, but you must maintain your continuous residence requirement to apply for settled status.

Generally, you cannot be absent for more than six months in any 12-month period. Exceptions are made for specific reasons, such as childbirth, serious illness, or COVID-19-related disruptions.

The Home Office has made allowances for absences due to COVID-19. These should be documented and explained in your application for settled status.

You can claim benefits if you meet the eligibility criteria, similar to those with settled status.

Yes, you should update the Home Office if there are changes in your personal details, such as your name, address, or passport number.

Yes, you can work or study without any restrictions.

You can appeal the decision, request an administrative review, or reapply if you believe you have additional evidence to support your application.

You can seek help from legal advisors, immigration solicitors, or organizations that support EU citizens in the UK.

For Expert legal advice and assistance, reach out to Imran & Co Solicitors today.

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