EU Settlement Scheme – Pre-Settled Status

Following Brexit, the UK Government had introduced the EU Settlement Scheme to transition all EU nationals living and working in the UK under the EEA Regulations with UK domestic visas. If the EU national and/or dependent family member has been resident in the UK for less than 5 continuous years, they will be granted Pre-Settled Status. After 30 June 2021, any EU national without the EU Settlement Scheme Pre-Settled Status will no longer be able to legally live and work in the UK and may be required to leave the UK.

What is the EU Settlement Scheme Pre-Settled Status? 

The EU Settlement Scheme Pre-Settled Status has been introduced to allow EU nationals to continue living and working in the UK as they were entitled to do when the UK was a member of the European Union. Following Brexit and a result of the UK leaving the European Union, EU law under the EEA Regulations no longer applied in the UK and therefore EU national and their family member dependents must apply under the EU Settlement Scheme before 30 June 2021 to continue living and working in the UK.

Requirements for the EU Settlement Scheme Pre-Settled Status application

In order to qualify for EU Settlement Scheme Pre-Settled Status you will need to satisfy UK Visas and Immigration (UKVI) that:

  • You are a relevant EEA citizen; or
  • You are a family member of a relevant EEA citizen; or
  • You are a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or
  • You are a person with a derivative right to reside; or
  • You are a person with a Zambrano right to reside; and
  • You started living in the UK before 31 December 2020; and
  • You are not eligible for Settled Status under the EU Settlement Scheme solely because you have not completed a continuous qualifying period of residence of at least 5 years.

The exact requirements you will need to satisfy will vary depending on your circumstances. You may want to speak to our expert immigration lawyers for legal advice.

Can I lose my EU Settlement Scheme Pre-Settled Status?

If you spent a period of 2 years or more outside the UK, you will risk losing your EU Settlement Scheme Pre-Settled Status. It is therefore important that you take immigration advice from expert immigration solicitors and barristers who can ensure that you do not lose your EU Settlement Scheme Pre-Settled Status. 

Am I eligible to apply for under the EU Settlement Scheme Pre-Settled Status?

In order to assess whether you are eligible to apply under the EU Settlement Scheme Pre-Settled Status, you must meet the following requirements:

  • You are an EU, EEA or Swiss citizen;
  • You are not an EU, EEA or Swiss citizen but you are a family member of an EU, EEA or Swiss citizen;
  • Relevant family members include the spouse, civil partner or unmarried partner of an EU, EEA or Swiss citizen, as well as the child, grandchild or great-grandchild under 21 years old, dependent child over the age of 21, dependent parent, grandparent or great-grandparent or dependent relative of either an EU, EEA or Swiss citizen or their spouse or civil partner.

If you have any doubts about applying for the EU Settlement Scheme Pre-Settled Status, please contact our immigration lawyers for expert advice.

Am I eligible to apply for settlement in the UK under the EU Settlement Scheme Pre-Settled Status?

Yes, you can apply for settlement in the UK after completing a continuous residence period of 5 years in the UK. Once you have completed 5 continuous residence in the UK, you will be granted the EU Settlement Scheme Settled Status.

Am I exempt from applying under the EU Settlement Scheme Pre-Settled Status?

You are exempt from applying under the EU Settlement Scheme Pre-Settled Status if the following applying to you:

  • You have been granted indefinite leave to enter or remain in the UK; or
  • You have Irish citizenship (including British and Irish Dual Citizenship); and
  • You are Swiss national, the deadline to apply for your family members to join you in the UK is extended to 31 December 2025. 

You also cannot apply if you have British citizenship or are exempt from immigration control.
You also do not need to apply to the EU Settlement Scheme if you work in the UK but do not live here (referred to as a ‘Frontier Worker’). You should instead consider applying for a Frontier Worker Permit. Non-EEA citizen family members of Frontier Workers should apply to the EU Settlement Scheme.

If you have any doubts about applying for the EU Settlement Scheme Pre-Settled Status, please contact our immigration lawyers for expert advice.

Making an EU Settlement Scheme Pre- Settled Status application with OneLaw Chambers

At OneLaw Chambers, our immigration solicitors and barristers regularly assist with EU Settlement Scheme Pre-Settled Status Visa applications in order for applicants to remain and settle in the UK. We have assisted many foreign national applicants to prepare and submit successful EU Settlement Scheme Pre-Settled Status Visa applications and we have represented clients from all over the world.

Whether you require expert immigration advice on the requirements of the Immigration Rules, an independent immigration assessment of your prospects of qualifying for a EU Settlement Scheme Pre-Settled Status Visa or professional immigration representation with preparing your EU Settlement Scheme Pre-Settled Status Visa immigration application, our immigration solicitors and barristers can help you.

We are committed to ensuring that our immigration solicitors and barristers prepare every immigration visa application with utmost quality and skill so that successful outcome is achieved every time. Our immigration solicitors and barristers operate in a friendly and cooperative manner to provide our clients with the best client care and service during the entire immigration application process.


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