Settled and Pre-Settled Status applications under the EU Settlement Scheme
Citizens of Member States of the European Union who emigrated to the UK before 23.00 hours local time on 31 December 2020 and who wish to continue living in the UK after 30 June 2021 must apply to obtain settled status or pre-settled status.
Settled status
Settled status is an immigration status in the UK granted to EU nationals under the British law (not under the European Union law applicable in the UK before Brexit, but not applicable anymore after 1 January 2021). Those who receive settled status (indefinite leave to remain) are “settled”, meaning ordinarily resident in the UK, without being subject under the immigration laws to any restriction on the period for which they may remain in the United Kingdom.
Settled status is granted to those who can prove that they have lived continuously for 5 years in the UK. There is no need to prove that they have “exercised their EU Treaty rights”, meaning that they have worked as employees or self employed persons, that they have been looking for work, or that they have been students or self-sufficient (that they have been living in the UK as persons with sufficient resources not to become a burden on the social assistance system and who have had comprehensive sickness insurance cover). These were the requirements for obtaining permanent residence, granted under the EU law which no longer applies in the UK after Brexit.
Settled status is the equivalent of Indefinite Leave to Remain granted to non-EU nationals. Those who receive settled status can stay in the UK for as long as they wish, can work and study in the UK, use NHS health services free of charge, access public funds (social benefits, pensions) if they are eligible, and travel without restrictions in and from the UK.
Settled status is lost if the holder spends a continuous period of 5 years outside the UK without returning for even one day in the UK. The Home Office can revoke settled status granted to a person if they commit a serious offence or if the Home Office considers that settled status has been granted on the basis of false information provided in the application.
If you would like to apply for settled status, please contact me at 07492525115 (leave me a text or WhatsApp message if I can’t reply) or send me an email at sorin@muflic.uk or write to me on Messenger (search on Facebook my profile, Sorin Muflic).
My fee is £150, plus £75 for the second adult in the same family applying at the same time, plus £50 for each child applying at the same time as an adult.
There are no fees charged by the Home Office for these applications.
Pre-settled status
Those who do not have 5 years of continuous residence at the date of the application may be granted pre-settled status (limited leave to remain). They will be able to stay in the UK for another 5 years from the date of that status being granted.
Before the expiry date of the pre-settled status, the holder must apply for settled status if they wish to remain in the UK after the pre-settled status expires. To be granted settled status, they must prove that they have lived for a continuous period of 5 years in the UK.
An application for the extension of pre-settled status will not be possible after 30 June 2021. This means that a person who on the date of expiry of their limited leave to remain in the UK does not qualify for settled status will have to leave the country, or apply for entry clearance or for an extension of stay on another route, under the post-Brexit immigration rules, with requirements which will likely be more difficult to meet.
Pre-settled status gives the same rights as settled status: the right to work, to study, to claim benefits, to use NHS health services, and to travel to and from the UK without restrictions. The difference is that the rights under the pre-settled status are for a limited period of time (5 years from the date of the decision).
Pre-settled status is lost if the holder spends a continuous period of 2 years outside the UK without returning even for a single day. But just as important is that by leaving the UK for 6 months or more in any period of 12 months, the clock for settled status resets and makes it unlikely or impossible to apply for settled status before the expiry date of pre-settled status. My advice for anyone in this situation or unsure of their status is to contact me urgently (and, if possible, before 30 June 2021) for an assessment of the available options.
If you would like to apply for pre-settled status, please contact me at 07492525115 (leave me a text or WhatsApp message if I can’t reply) or send me an email at sorin@muflic.uk or write to me on Messenger (search on Facebook my profile, Sorin Muflic).
My fee is £150, plus £75 for the second adult in the same family applying at the same time, plus £50 for each child applying at the same time as an adult.
There are no fees charged by the Home Office for these applications.