Settled Status application
Settled status under EU Settlement Scheme gives permanent right to reside in the UK. EEA nationals and their family member(s) who lived in the UK for a continuous period of five years with EU Settlement Scheme status are able to apply for settled status (Indefinite Leave to Remain – ILR) under the EU Settlement Scheme.
To be eligible for settled status (‘Indefinite Leave to Remain’ – ILR) the applicants need to evidence residence in the UK for a continuous five-year period (i.e. presence in the UK).
There are certain categories of applicants that are likely to face difficulties when switching from pre settled to settled status. Those are applicants with lengthy absences from the UK who break their continuous residence and elderly applicants who may find it challenging to provide required evidence of residence.
Changes to EU Settlement Scheme (EUSS) announced in May 2024
Home Office announced changes to the EU Settlement Scheme in July 2023 to ensure that nobody loses their immigration status if they do not apply to switch from pre-settled to settled status.
In May 2024 Home Office will change the duration of pre-settled status extensions from 2 to 5 years. The Home Office will also remove the pre-settled status expiry date from the digital profiles shown to third parties in the online checking services for Right to Work, Right to Rent and View and Prove.
Furthermore, from May 2024 the loss of EUSS pre settled status will occur after 5 years of absence from the UK. Previously pre settled status lapsed after 2 years of absence.
WHAT IS CONTINUOUS QUALIFYING PERIOD OF RESIDENCE FOR SETTLED STATUS
Completing a continuous qualifying period of residence generally means that the applicant has not been absent from the UK and Islands (or, where applicable, the UK) for more than 6 months in total (in a single period of absence or more than one) in any given 12-month period, throughout the period of residence relied upon by the applicant for Settled Status application.
There are some exceptions:
• a single period of absence of more than 6 months but which does not exceed 12 months is permitted, where this is for an important reason, such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting or because of COVID-19.
WHEN CONTINUOUS QUALIFYING PERIOD OF RESIDENCE IS BROKEN
A continuous qualifying period is broken where the person served or is serving a sentence of imprisonment of any length in the UK and Islands (or, where applicable, the UK), unless the conviction which led to it has been overturned.
A continuous qualifying period is also broken by any of the following in respect of the person, unless it has been set aside or revoked:
• any decision or order to exclude or remove them from the UK under regulation 23 or 32 of the EEA Regulations (or under the equivalent provisions of the EEA Regulations of the Isle of Man)
• a decision to which regulation 15(4) of the EEA Regulations otherwise refers in respect of their right to permanent residence in the UK, unless that decision
arose from a previous decision under regulation 24(1) (or the equivalent decision, subject to the equivalent qualification, under the EEA Regulations of the Isle of Man)
• an exclusion decision
• a deportation order, other than by virtue of the EEA Regulations
• an Islands deportation order
• an Islands exclusion decision
