Important updates for those with Pre-settled or Settled status

On 27 October 2021, the UK government announced some important updates for those with pre-settled and settled status under the EU Settlement Scheme.

Documents used for travel

When travelling to or from the UK, UK Visas & Immigration (UKVI) are recommending you travel using the document you used to apply to the EUSS. If you are travelling on a different document, then you should update your UKVI account to add that document. You can do this by either using the ‘Update your UK Visas and Immigration account details’ service here or by signing-in and using the ‘update details’ function of the View and Prove service here.

Other important updates for those with pre-settled and settled status under the EUSS include switching from pre-settled or settled status, applications for children, family members who are yet to apply, joining family members and late and pending applications.

Switching from pre-settled to settled status

If you have pre-settled status you can upgrade to settled status as soon as you are eligible. This is usually after 5 years of continuous residence in the UK.

The 5 years are counted from the date you first arrived in the UK. you do not need to have held pre-settled status for 5 years to apply for settled status.

If you are eligible for settled status you must apply to the EUSS before your pre-settled status expires.

You may not be eligible for settled status if during the 5 years you have been absent from the UK for more than 6 months in a 12-month period. Some specific exemptions may be applicable, including an absence for an important reason or related to COVID-19. Check the COVID-19 guidance for EUSS applicants before you apply.

Applying for your children

Your children who were resident in the UK by 31 December 2020 must also apply to the EUSS if they are not British or Irish citizens and do not have another type of UK immigration status (for example, temporary leave or indefinite leave to enter or remain).

You can apply on their behalf, and ‘link’ their application to yours.

You must also apply on behalf of your child if they were born in the UK after 31 December 2020, and neither you or the other parent had settled status, another form of indefinite leave to enter or remain, or British citizenship when the child was born. You will need to apply to the EUSS on your child’s behalf within 3 months of their date of birth.

If you or your partner held settled status, another form of indefinite leave to enter or remain, or British citizenship at the date the child was born, you do not need to apply on your child’s behalf, because the child will be British by birth.

Family members who have not yet applied

Family members who are not British or Irish citizens, or do not hold another form of UK immigration status and were resident in the UK by 31 December 2020 and have not yet applied to the EUSS, should do so urgently. This includes any family members who are not EU, EEA or Swiss citizens and also those who hold an EEA Biometric Residence Card (BRC), even if the BRC has an expiry date after 30 June 2021.

Joining family members

Eligible family members who wish to join you in the UK on the basis of your settled or pre-settled status should apply to the EUSS from outside the UK (where they are eligible to do so) or they should apply for an EUSS family permit to come to the UK to make their EUSS application. There is no deadline for them coming to join you. They can join you at any point. Those who has been granted an EUSS family permit must apply to the EUSS within 90 days of their arrival in the UK.

Late and pending applications

If you are making a valid application to the EUSS after 30 June 2021 you will secure your rights while your application is considered, including the right to healthcare, and the right to work or (in England) to rent property. Applications should be submitted as soon as possible and must explain what reasonable grounds you have for the application to be considered outside the deadline.

If you would like more information on any of the above, please get in touch with the team here at Migrate UK.