If you are an EU, EEA, or Swiss citizen living in the UK, you may have applied for the EU Settlement Scheme. This scheme allows EU nationals and their family members to continue living in the UK after Brexit. The two main types of status under this scheme are settled status and pre-settled status.
In this article, we will focus specifically on pre-settled status. We will explain how long it is valid for, how to convert it to settled status, and what rights you have while holding pre-settled status. Let’s dive in!
What Is Pre-Settled Status?
Pre-settled status is granted to EU, EEA, or Swiss citizens who have been living in the UK for less than five years before the Brexit transition deadline (31st December 2020). This status allows you to remain in the UK and continue to live, work, and study under the same rights you had before Brexit.
The EU Settlement Scheme was introduced as part of the UK’s withdrawal from the European Union. It enables those who were already living in the UK to secure their immigration status and rights. If you were living in the UK before 31st December 2020, you needed to apply for either pre-settled or settled status to remain in the UK.
How Long Is Pre-Settled Status Valid?
Pre-settled status is generally valid for five years from the date it is granted. This period is significant because it represents the length of time needed for you to be able to qualify for settled status.
The five years are counted from the date you are granted pre-settled status, not from the date you first arrived in the UK. It means that while you hold pre-settled status, you can continue living in the UK. However, you must apply for settled status before your pre-settled status expires if you want to stay in the UK permanently.
The Path from Pre-Settled to Settled Status
Pre-settled status is a temporary immigration status. To gain permanent residence, you must apply for settled status once you have lived in the UK for five years.
How to Qualify for Settled Status?
You can apply for settled status after five continuous years of living in the UK. These five years do not have to be consecutive; as long as you have lived in the UK for a total of five years, you can apply.
Some key points to note:
Absences: You are allowed to be absent from the UK for up to 6 months in any 12-month period without affecting your eligibility for settled status. However, longer absences may impact your application.
Continuous residence: You need to demonstrate that you have been continuously residing in the UK for five years.
How to Apply for Settled Status?
The process of applying for settled status is similar to the application process for pre-settled status. You can apply online through the government website. However, you will need to show proof of continuous residence in the UK for five years, which could include things like tax returns, pay slips, utility bills, or bank statements.
What Happens if You Don’t Apply for Settled Status Before Pre-Settled Status Expires?
If you do not apply for settled status before your pre-settled status expires, your right to stay in the UK may be at risk. Once your pre-settled status expires, you will lose the rights it grants you, such as the ability to live and work in the UK.
In this case, you may be required to leave the UK or apply for a different type of visa to stay. Therefore, it is crucial to keep track of the expiration date of your pre-settled status and apply for settled status in time.
What Rights Do You Have with Pre-Settled Status?
Pre-settled status allows you to remain in the UK, but there are certain rights and restrictions that apply. Here’s a breakdown of what you can and cannot do while holding pre-settled status:
Rights Under Pre-Settled Status
Work and Study: You can work or study in the UK, just like you did before Brexit.
Access to Public Services: You have access to healthcare and other public services, as long as you meet the eligibility requirements.
Travel in and out of the UK: You can leave and re-enter the UK during your pre-settled status, but remember that if you are away for more than 6 months in any 12-month period, it may affect your status.
Family Members: Your family members, such as spouses and children, can also join you in the UK under the same EU Settlement Scheme rules.
Restrictions Under Pre-Settled Status
Not Permanent: Pre-settled status is temporary and you cannot remain on it indefinitely. You must apply for settled status once you reach the five-year mark.
Absence Limits: As mentioned earlier, you are allowed to be absent from the UK for up to 6 months in any given 12-month period. Longer absences may break your continuous residence requirement and affect your ability to apply for settled status.
What Happens If You Are Abroad for More Than Six Months?
If you are absent from the UK for more than six months in any 12-month period while holding pre-settled status, it can impact your continuous residence. This might make you ineligible to apply for settled status once you have lived in the UK for five years.
There are exceptions to this rule:
You may be able to extend your absence period in some situations, such as if you were absent for an important reason like military service or serious illness.
If your absence is due to exceptional circumstances, you may be able to explain this when applying for settled status.
Therefore, it is crucial to keep track of your absences from the UK and ensure they do not exceed the limits.
Can You Apply for Pre-Settled Status After the Deadline?
The deadline to apply for pre-settled or settled status was 30th June 2021. However, if you missed the deadline, you might still be able to apply in certain situations. If you have a good reason for missing the deadline, such as not knowing about the scheme or being unable to apply due to personal reasons, you may still be able to submit an application.
In such cases, it is advisable to contact the UK Home Office or an immigration advisor for guidance on your specific situation.
Can Pre-Settled Status Be Revoked?
Yes, pre-settled status can be revoked under certain circumstances. This might happen if:
You are convicted of a serious criminal offense.
You leave the UK for an extended period that breaks your continuous residence.
You are found to have provided false information in your application.
If your pre-settled status is revoked, you may lose your right to live and work in the UK, and you may be required to leave the country.
Conclusion
Pre-settled status is an important part of the EU Settlement Scheme, allowing EU citizens to continue living in the UK after Brexit. It is valid for five years and provides the right to live, work, and study in the UK during that time. However, it is not permanent, and you must apply for settled status before your pre-settled status expires if you want to stay in the UK permanently.
It is essential to keep track of your pre-settled status expiration date, maintain continuous residence in the UK, and avoid long absences to ensure that you can transition smoothly to settled status.
By understanding how long pre-settled status is valid for and the steps you need to take, you can secure your future in the UK and continue enjoying your rights as an EU citizen.
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