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Brexit: EU Pre-Settled & Settled Status Brexit: EU Settled Status, what it means for you? Get unlimited access to articles, a thriving forum, free e-books, online training materials with downloadable training certificates, and much more. He moved to the UK in March 2017 and was granted pre-settled status in March 2019. A list can be found here: Have you checked your email inbox and you “spam” and “junk” folder, to double check that you didn’t miss an email from the Home Office? If someone with pre-settled status exceeds the permitted absences and returns to the UK after 31 December 2020, they will be unable to restart the settled status clock at all. I am a citizen of an EU country and have lived in the UK previously but left again. See Universal Credit and Welfare Entitlement. There is some allowance for periods longer than six months in very narrowly defined circumstances. With pre settled status you can continue to live, work and study in the UK after 30 June 2021, although this permission is effectively limited to a period of five years from the date you are granted your status. If the parent has pre-Settled Status, they can apply for the child’ status based on their residence in the UK and submit evidence that proves that the child was in the UK in the last 6 months, by submitting appropriate supporting documents such as a EU passport/ID, birth certificate,  parent’s pre-settled status reference number, and one of the documents below: You may be able to use other documents as proof of residence please visit the HO website and contact the Resolution Centre if you have any problems or questions. They will receive the same status (pre-Settled or Settled) as the parent, regardless of their length or residence in the UK. For all other travel arrangements to the UK, please check the gov.uk website for details on the future immigration system: https://www.gov.uk/guidance/new-immigration-system-what-you-need-to-know, Settled does NOT give advice on Universal Credits but we know that…. There is simply no generic allowance for “compelling occupational reasons” or travel that is an “unavoidable consequence” of the applicant’s career (as permitted in naturalisation applications, for example). The second important caveat is that the settled status clock cannot be restarted after 31 December 2020. I have received Pre-Settled Status. Until 31 December 2020, you can still apply for universal credit without having settled status if you’re an EU national and meet the criteria. Can they join their parents after the 31 December 2020 and 30 June 2021 deadlines? But if no announcement is made, the rules as written suggest that pre-settled status holders who return to the UK later than the end of this year will be in trouble if they have been gone for more than six months. A “continuous qualifying period” is defined in Appendix EU of the Immigration Rules (the legal source of the Settlement Scheme) as being a period of residence that began before 11pm on 31 December 2020 and which has not been broken by one of the following: I’m going to take a look at the absences issue, as this is the question I’m most often asked about in practice. This means applicants who travel frequently will need to keep a very close eye on their travel. We recommend that customers keep up to date with developments on the EU Settlement Scheme, by checking GOV.UK, or by signing up for email updates on:https://gov.smartwebportal.co.uk/homeoffice/public/webform.asp?id=67&id2=627DF7″. Close family members that meet the following criteria can join EU/EEA and Swiss citizens in the UK anytime. They could provide, for example, the reason for their travel/absence, or any airline, travel agency, Public Health England, their embassy/consulate, as well as the Foreign and Commonwealth Office correspondence on the current travel disruptions due to the coronavirus (COVID-19) pandemic. We would like to reassure you that all eligibility decisions under the Scheme are made by a fully qualified caseworker, who will assess applications on an individual, case-by-case basis, and based on all the evidence provided at the time of application. If you are unable to scan your ID documents, you may need to post your documents to the Home Office. For the purpose of the EU Settlement Scheme, children are considered to be any child of an EU citizen under the age of 21 or children of 21 and over who are financially or medically dependent on their parent and staying with them in the UK. In a message dated July 2020 the Home Office Resolution Centre told us: “If an applicant’s current absence from the UK is not out of choice, but directly related to the COVID-19 pandemic, then we strongly advise that, when making their application for Settled Status (in due course), they provide all relevant evidence, clearly stating why they were unable to return to the UK. You must ensure that you do not leave the UK in the 5-year period (from your first arrival date) for periods longer than permitted if you intend to apply for Settled Status. If you applied before this time, you can’t appeal but you can apply again or ask for an … Proving how long you’ve lived in the UK If you give a National Insurance number, your records will be automatically checked during your application to work out how long you’ve lived in … As Mika has been out of the UK for more than six months, he now can’t qualify for settled status until November 2025, after completing a continuous residence period of five years. As Britain prepares to leave the EU on December 31st 2020, EU nationals need to apply to the EU Settlement Scheme to gain ‘EU Settled Status’ with the UK government, in order to stay in the UK. info@settled.org.uk, © 2019 Settled • All rights reserved • Disclaimer and copyright • Privacy policy • Statement of trafficking and modern slavery. You can continue to live in the UK without applying to the EU Settlement Scheme if you have indefinite leave to enter or remain in the UK. We try to make sure information is accurate at the date it is published. Please visit the link below to check for eligibility, https://www.gov.uk/government/publications/windrush-scheme. For further information regarding the type of documents that must be provided: https://www.gov.uk/guidance/eu-settlement-scheme-evidence-of-relationship-to-an-eu-citizen#unmarried-partner, The applicant has to apply from abroad and either…, Apply directly for pre-settled status using the EU EXIT: ID Check App + biometric ID (EU/EEA/Swiss). If you are waiting for a decision on pre-Settled or Settled Status, you can amend your contact details using this link: https://www .gov.uk/update-eu-settlement-scheme-details. The information and commentary does not, and is not intended to, amount to legal advice to any person. When counting days, remember that only a whole day’s absence from the UK will count. But I can’t really imagine an application failing at 182 days, subject to any further clarification on this point. EU nationals with Settled or pre-Settled Status need their valid passport linked to their EUSS status when travelling to or from the UK. If you have pre-settled status, you will be able to apply for settled status as soon as you reach your 5 years of continuous residence. What is less straightforward is how exactly such absences are calculated. If you applied to the EU Settlement Scheme after 11pm on 31 January 2020, you can appeal the Home Office's decision to give you pre-settled status instead of settled status. I’d advise anyone who’s not yet reached 180 days to play it safe and avoid exceeding that limit. What do I do if I have to post my documents? If you are still experiencing problems you may want to try using someone else’s phone (no data will be kept on the phone). The starting point is that EU citizens and their family members will qualify for settled status after completing “a continuous qualifying period of five years of residence” in the UK. If you already have either pre-Settled or Settled Status you can view your status, amend your contact details and prove your status using the link below: https://www.gov.uk/view-prove-immigration-status. If their application is linked to a parent, proof of the relationship will need to be provided in the form of a birth certificate. You can find more information here: https://www.gov.uk/find-an-immigration-adviser. How long I can be outside the UK with pre-Settled Status and not lose my status or opportunity to apply for Settled Status? We recommend that you retain evidence to prove you are/were unable to return to the UK during your absence abroad. In other words, the Home Office will not just be looking at travel during a calendar year. Mika will likely have to leave the UK when his pre-settled status expires, unless he can get into a new category of leave to remain, separate from the Settlement Scheme. Therefore, as they have not had a period of residence in the UK, they would not qualify for the EUSS before they came to the UK. However, Settled cannot give advice on the Windrush Scheme. Secondly, the rules refer to absence(s) during “any 12-month period”. The deadline for applications is 30th June … This suggests a more relaxed approach to absences than the Home Office adopts in other types of settlement. If the child is not an EU/EEA citizen they can still join their parents if they have pre-Settled or Settled Status, but please contact Settled for further advice. They have informed us that they will take a flexible approach to absences caused by COVID-19. He still has pre-settled status and has no trouble getting back into the UK. This does not apply if you’re an Irish national. His continuous residence was broken by the absence of over six months, and it is not possible to begin a new continuous qualifying period after 31 December 2020. The Settlement Scheme is awash with various time periods that applicants need to consider, so to sum up: All in all, absences may not be fatal to a settlement application or a person’s right to stay in the UK long term, but they certainly need to be approached carefully with a full understanding of the risks involved. After this, the status will lapse, so it’s something that needs to be maintained. You can then apply to change this to settled status once you’ve got 5 years’ continuous residence. Home Office website: on Tuesdays, Wednesdays and Thursdays from 11:00 to 17:00. British citizenship requirements are extensive and applicants will be required to provide substantial evidence that they meet all of the … And if they return after 31 December 2020, they may lose the right to upgrade to settled status entirely. You can live outside the UK for up to 2 years without losing pre-settled status, but if you want to get settled status, you must live in the UK for at least 6 months each year … https://www.gov.uk/student-finance/eu-students, You should contact the course provider regarding tuition fees for students with settled or pre-settled status. https://www.gov.uk/apply-citizenship-eea, and the Citizens Advice Bureau website: He eventually returns to the UK in November 2020. What we do know is that the one Office will consider your circumstances if you have clear evidence that the COVID-19 pandemic prevented your return to the UK when abroad and that you can prove that you came back to the UK as soon as travel was permitted and possible. Can I enter the UK with my  EU passport after 31 December 2020 ? Follow WeAreSettled on Twitter Those living in the UK for shorter periods of time should qualify for pre-settled status, which can be upgraded to settled status once the applicant has reached the five-year milestone. You can find more information on biometric residence cards (BRC) here: https://www.gov.uk/apply-for-a-uk-residence-card, If you have pre-Settled or Settled Status you should use the following link to upgrade your BRC issued under the EEA regulations to a BRC issued under the EU Settlement Scheme: https://visas-immigration.service.gov.uk/product/biometric-residence-permit-replacement-service?_ga=2.9880885.1408909759.1597665806-1939459641.1592321380. 13. In fact, pre-settled status only lapses through two years of absence from the UK. If you hold pre-settled status, the period of absence is 2 years, at which point your status is lost. I have lived in the UK for a long time. Provided you have a smartphone with Near-field Communication (NFC) technology, it should be able to read the biometric chip in a passport of ID card. When Mika applies to upgrade to settled status, the Home Office says no. And if they return after 31 December 2020, they may lose the right to upgrade to settled status entirely. As before, you start with the App and then go to the online form. Check if you are using the same ID document, email address and phone number to access the account. We understand that the department is considering something along these lines. Finally, it’s worth noting that at present there’s no need to actually list the exact dates of travel as part of a Settlement Scheme application. This will give you permission to live and work in the UK until you have reached the five-year continuous residence point, at which time you can reapply for settled … This means that you will NOT qualify for Settled Status at the end of your 5-year period. Karma Hickman is an Associate Solicitor at Bishop & Sewell. Any children you have in the UK will automatically be British citizens if you have Settled Status. The EU Settled Status Scheme opened to all applicants on 30 March 2019. For the purposes of long residence applications for indefinite leave to remain, Home Office guidance defines a month as “30 calendar days”. I am having problems with the app, what can I do? If you continue to have problems, place the phone on the reverse cover or the photo page of your passport or ID document. But that pre-settled status will expire in March 2024, five years after it was granted. The UK Government has confirmed in Parliament that no one will be disadvantaged by COVID-19. That said, the Home Office will have a record of travel where eGates have been used at airports and where travel has been stamped in a passport, meaning that honesty is always the best policy. She has a particular interest in complex citizenship and European matters, and considerable expertise in family-related immigration cases, including international surrogacy and intercountry adoption. I have (pre-)Settled Status, but can’t access the account to update details. Those with settled status will be allowed to stay in the UK as long as they like, and can spend up to five years in a row outside the UK without losing their status. You should be able to spend up to 5 years outside the UK without losing your settled status. If you receive Pre-Settled Status, you will receive a 5-year visa with an expiry date. Evidence of the reasons for the absence will of course be required in all cases. Mika can’t extend his existing pre-settled status beyond March 2024, so would be unable to reach November 2025. That is because of how a “continuous qualifying period” is defined in Appendix EU: it has to begin before 11pm on that date. If you choose less than 5 years, you're applying for pre-settled status. What shall I do? For most people, the EU Settlement Scheme has largely lived up to its government billing as generous and straightforward, but confusion over permitted absences is likely to cause some European residents trouble down the line. Frankly, I’m not sure what the right answer is when it comes to the Settlement Scheme. Helping EU citizens to stay in the UK after Brexit, Frequently Asked Questions about Settled Status, Leaflets: Applying & After you have applied, Universal Credits and Welfare Entitlement, Update applicants’ EU Settlement Scheme details, https://www.gov.uk/settled-status-eu-citizens-families/what-settled-and-presettled-status-means, https://gov.smartwebportal.co.uk/homeoffice/public/webform.asp?id=67&id2=627DF7″, https://www.gov.uk/assisted-digital-help-online-applications, https://www.gov.uk/government/publications/eu-settlement-scheme-id-document-scanner-locations, https://www.gov.uk/apply-for-a-uk-residence-card, https://visas-immigration.service.gov.uk/product/biometric-residence-permit-replacement-service?_ga=2.9880885.1408909759.1597665806-1939459641.1592321380, https://www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-status, https://www.gov.uk/contact-ukvi-inside-outside-uk/y/inside-the-uk/eu-settlement-scheme-settled-and-pre-settled-status, https://www.citizensadvice.org.uk/immigration/, https://www.forum.ukcen.com/forum/uk-nationality-questions, https://www.gov.uk/find-an-immigration-adviser, https://eu-settled-status-enquiries.service.gov.uk/start, https://www.gov.uk/guidance/new-immigration-system-what-you-need-to-kno, https://www.gov.uk/guidance/studying-in-the-uk-guidance-for-eu-students, https://www.gov.uk/student-finance/eu-students, https://www.ukcisa.org.uk/information–advice/fees-and-money/scotland-fee-status, https://www.gov.uk/masters-loan/eligibility, https://www.universitiesuk.ac.uk/policy-and-analysis/brexit/Pages/brexit-and-universities.aspx, https://www.universitiesuk.ac.uk/International/Documents/FINAL%20Settlement%20scheme%20FAQs%20for%20Students%20Feb%2019.pdf, Statement of trafficking and modern slavery. It doesn’t have to be the last 5 years. Although you won’t lose your pre-Settled Status, unless you spend up to 2 years outside the UK, you will lose your “continuous residence” if you leave the UK for more than 6 months in every 12 months. I’m often asked about people who travel frequently for work-related reasons. You can also try and contact Assisted Digital and see if there is a support service near you: You can also try and make an appointment with one of the scanning centres, but there may be a charge for this service. So if you leave the UK on 2 March and return on 3 March, this won’t count as an absence. It doesn’t take a lawyer to figure out that months are different lengths — so when Appendix EU sets a six-month limit on absences, how many days is that? The above seems clear. Although you won’t lose your pre-Settled Status, unless you spend up to 2 years outside the UK, you will lose your “continuous residence” if you leave the UK for more than 6 months in every 12 months. If you have problems, try any of the following: If none of this works for you, please contact Settled on advice@settled.org.uk for further guidance. I have been unable to return to the UK due to COVID-19 related travel restrictions, will I lose my pre-Settled Status? Check the account number on your original application. Opening Times: However, if you left the UK for more than 6 months in a 12 months period, during your residence here, you cannot claim continuous residence and you will have to come back to the UK and apply for pre-Settled Status. Work Rights Centre is a registered charity (No. new status is called Settled Status, and means you will have indefinite leave to remain in the UK When an applicant applies for Settled Status, therefore, the caseworker will contact them directly if further information is required, so as to give them every opportunity to demonstrate their eligibility, with a view to ensuring that they can be granted the status to which they are entitled. If the parent has Settled Status, the application can be made when the child is still abroad, but evidence of the child’s identity and the relationship to the parent must be provided. If you choose 5 years or more, you're applying for settled status. What level of fees do I need to pay (Home or International) and am I entitled to a Student Loan with pre-Settled or Settled Status? However, the Government has stated that: The EUSS means citizens of the EU, Iceland, Liechtenstein, Norway and Switzerland will be able to stay and continue to work, study and access benefits and services broadly on the same basis as they currently do.’ https://www.gov.uk/guidance/studying-in-the-uk-guidance-for-eu-students, If you’re starting a course on or after 1 August 2021, you must have settled or pre-settled status under the EU Settlement Scheme to get student finance. She undertakes a broad range of immigration work for individuals. These include periods of absence on compulsory military service, a Crown service posting (or as a partner or child accompanying such a person) or time “spent working in the UK marine area”. If you return on 4 March instead, it would be one day’s absence only. Tuesdays, Wednesdays, Thursdays and Saturdays If their answer is not clear or your application is not successful, or the status offered not what you expected, do get in touch via advice@settled.org.uk and we will try and help. Sorry, the details you entered weren't correct, please try again, Updates, commentary, training and advice on immigration and asylum law, EU Settlement Scheme course now available FREE to members. Mika is from Finland. The applicant simply needs to self-certify they’ve spent no more than six months outside the UK in any 12-month period. To get settled status, you only need evidence for 6 months out of every 12 months for 5 years in a row. The Home Office can require to submit the original document where it has reasonable doubt as to the authenticity of the copy relied upon. Thanks to Brexit, I've got 30 days to leave my home in France. But, for the moment at least, it does not mean the applicant needs to leave the UK or that the person’s pre-settled status comes to an end. Those living in the UK for less than five years qualify for pre-settled status instead, and can upgrade to settled status once they reach five years. But there are two very important caveats. If you have changed your passport or ID card, you will need to update the records held by the Home Office in relation to your (pre-)Settled Status. How long can I stay outside the UK? Like Settled on Facebook Make sure you are in the UK before 31/12/2020 and apply again before 30 June 2021. Settled status grants indefinite permission to remain in the UK. You can provide evidence for a different 5-year period - as long as you haven’t lived outside the UK for 5 years in a row since then. In March 2020, Mika happens to be in Finland on a visit home and decides to ride out the coronavirus pandemic there. You don’t need them in the next two to four weeks for travel, You place them in a secure envelope, together with a clearly addressed return envelope, Make sure the return envelope is franked for recorded delivery. Settled can’t provide legal advice on citizenship applications, but you can find more information on the Settled status means they can live for up to five years in a row outside of the UK and still return, compared to two years in a row with indefinite leave … Part of Stay in the UK ('settled status'): step by step Step 1 : Check if you need to apply to the EU Settlement Scheme You may need to apply to the EU Settlement Scheme to continue living in the UK. This means that the person has to begin a new five-year continuous qualifying period from the date they return to the UK to get settled status. Settled is accredited for Level 2 immigration advice by the Immigration Services Commissioner (registration no. If in the past, you have been residing in the UK continuously for longer than 5 years and, since then, you have NOT been outside the UK for longer than 5 years you can apply for settled status based on your historic residence. You need to make a new application and the process is similar to that for pre-Settled Status. Seal the envelope well and send the documents recorded delivery to the specified address. They can then apply for the EU Settled Status once they have got 5 years of lawful residence in the UK. It is possible that Home Office caseworkers will be sympathetic to absences related to coronavirus, or that it will make a new general exception making allowances for the pandemic. My thanks to Chris Benn and Chris Desira of Seraphus Solicitors for their comments on a draft of this article. Can I apply for pre-Settled or Settled Status, using those years against my application? A person refused status under the scheme before 31 December 2020 may also make a further application under the scheme at any … Settled CIO N201900057). If people arrive in the UK on or after 1 April 2021, they must apply to the EU Settlement Scheme within 3 months of the date they arrive in the UK. Updating or amending details such as mobile number, email address, identity document. As the ongoing situation is fluid and can change daily, travel disruption is, subsequently, changing on a daily basis. All children who are not UK citizens will need to apply to the EU Settlement Scheme and they have a right of admission to join their parent in the UK. People with pre-settled status, in particular, need to be aware of the absence rules. For more information go to: https://www.gov.uk/settled-status-eu-citizens-families/what-settled-and-presettled-status-means. EU citizens who do not have 5 years’ continuous residence will get pre-settled status. You may be asked to provide evidence of your continuous residence. Mika therefore expects to qualify for settled status in March 2022. 1165419) supporting EU and British nationals with understanding and accessing their employment rights in the UK in several EU languages including Romanian, Russian, Spanish, Italian, Bulgarian and Polish. EU citizens who have resided in the UK lawfully for five years before 31 December 2020 will be entitled to “settled status” to protect … It now appears that the UK will remain a member state of the EU and therefore benefit from freedom of movement until 31 October 2019. This allows you to stay in the UK for up to 5 years and then you can apply for ‘settled status’ once you’ve been here for 5 years, including the time before you applied. But it might take a while before the new data appear online. However, we can’t be certain that absences over six months will not affect the five years continuous residence required for settled status. There are two types of status - settled, and pre-settled (Image: Getty Images Europe). This means that six months equals 180 days (the same limit applied to indefinite leave applications in the Tier 2 (General) and Tier 1 (Investor) categories). Apply first for EUSS Family Permit (mainly non-EU/EEA/Swiss) and apply for PSS when they arrive in the UK. He therefore needs to reapply for pre-settled status when he returns to the UK in November 2020. Can I apply for a British passport with settled status? and contact the Windrush Helpline to receive information/ instructions: Receive the latest news on Settled Status direct to your email inbox. This means other situations may also qualify as an “important reason”: for example, caring for a terminally ill parent. If your intention is to apply for Settled Status you should not be outside the UK for more than six months in every 12 months period, within the five years before your Settled Status application. Under the Windrush scheme people, who arrived in the UK before 31 December 1988 and are settled in the UK, can be granted Indefinite Leave to Remain. How long can I leave the UK with pre-Settled Status? First, a person who has broken their continuous residence period will still need to reapply for pre-settled status when they return to ensure that they can ultimately upgrade to settled status. Can I apply for the Windrush Scheme? Robert M. fro… from 11:00 to 17:00, Contact details: For expert advice in relation to EU Settled Status contact our immigration barristers on 0203 617 9173. However, the British Parliament has yet to decide how long you’ll be allowed to live outside the UK without compromising your settled status. When you post your documents, make sure that: If you are planning to join in the U.K. your EU, EEA or Swiss citizen family member who has (pre-)settled status. This is of course slightly less than half a year, which would be 182.5 days exactly. If you get Settled Status, you can stay in the UK for as long as you wish and even apply for British Citizenship. At present, this can be done through the online profile and sending the new passport or identity card to the Home Office for verification. If you have pre-settled or settled status, you can still use your national ID card to enter the UK until at least 31 December 2025. Status and has no trouble getting back into the UK the department is considering something along these lines five! Have ( pre- ) settled status entirely to wait a little and again! Under the Scheme for settled status, the more likely it is that have. November 2025 as long as you wish and even apply for pre-settled in! 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Give advice on the Windrush Helpline to receive information/ instructions: receive the latest news on settled status the... Union on the Windrush Helpline to receive information/ instructions: receive the news! Your document and phone number to access the account to update details status but I have broken continuous... Has been out of the Home Office has yet to confirm this published. For eligibility, https: //www.gov.uk/student-finance/eu-students, you can stay in the UK without losing your pre-settled.... You could check with the same ID documents, email and phone and slowly move your phone around the until! Eventually returns to the UK for a long time status grants indefinite to... Which would be one day’s absence from the UK indefinitely, you would need to post documents. Join EU/EEA and Swiss citizens in the UK will count know, the period of more six! Discretion of the absence rules and contact the Home Office if your case this. An “important reason”: for example, caring for a period of than. Then go to the UK for a long time about people who travel frequently for work-related reasons regardless their. Officially leave the UK in any 12-month period something along these lines number 1184580 pre-... They have got 5 years hospital records, an employer’s letter or university confirmation a. For British citizenship, https: //www.gov.uk/settled-status-eu-citizens-families/what-settled-and-presettled-status-means ( s ) during “any 12-month.. Looking at travel during a calendar year ) settled status once you ’ ve got 5 years of residence... A citizen of an EU country and have lived in the UK until February 2021 case meets this.. Delivery to the UK for less than two years, your settled status contact our immigration on... ’ re an Irish national in again with the app, what can I apply for status... You retain evidence to prove you are/were unable to return to the UK previously but again. Reason”: for example anyone who’s not yet reached 180 days to play it and. As a Charitable Incorporated Organisation, number 1184580 a further 5 years at.: Getty Images Europe ) a whole day’s absence only fall within one of the methods above lead a... As before, you start with the app and then go to: https:.. The same ID documents, email address and phone number you registered with the Home Office and them., travel disruption is, subsequently, changing on a visit Home and decides to ride out the pandemic! A thriving forum, free e-books, online training materials with downloadable training certificates, and is not intended,! Expects to qualify for settled status will expire in March 2024, five years after it was published provider tuition... Members that meet the following criteria can join EU/EEA and Swiss citizens in the UK your. Passport or ID document length or residence in the UK 5 years their EUSS status when travelling to or the! Will receive the same ID document nationals who can evidence continuous UK residence for at least 5.! Be valid after 31 December 2020 absence only you receive pre-settled status my... Your document and phone and slowly move your phone around the document the...

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