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What is EU settlement scheme
The EU Settlement Scheme was set up by the UK government after Brexit to allow EEA nationals and their family members who were living in the UK before the end of the Brexit transition period (31 December 2020) to continue living, working, and accessing services in the UK legally.
Key points:
Pre-settled status is given to those who started living in the UK before the deadline but haven’t reached the 5 years’ continuous residence needed for settled status. It’s a temporary permission, allowing them to stay until they qualify for settled status.
Settled status is essentially indefinite leave to remain, granted to those with at least 5 years’ continuous residence in the UK.
The scheme also protects family members of eligible British citizens who were living in the EU and returned to the UK before 29 March 2022, allowing them to join or remain with their family.
It’s part of UK immigration rules under Appendix EU.
What is Settled Status?
Settled status is a form of indefinite leave to remain (ILR) granted under the EU Settlement Scheme that allows EEA nationals and their eligible family members to live in the UK permanently.
It does not happen automatically; you must apply online after completing 5 years of continuous residence in the UK.
Settled status holders have the right to:
Work and study in the UK,
Set up a business,
Access healthcare through the NHS,
Use public funds,
Sponsor workers from outside the UK.
Children born in the UK after you have settled status automatically acquire British citizenship at birth, regardless of your citizenship.
Children born outside the UK will not automatically be British citizens but are entitled to come to the UK and apply for settled status.
Unlike other forms of ILR, settled status is not lost after 2 years of absence. You can stay outside the UK for up to 5 years without losing your status.
To maintain settled status while living abroad, you only need to visit the UK at least once every 5 years. The length of these visits doesn’t matter, just the fact of visiting.
Pre-Settled Status — Duration
Pre-settled status is a temporary permission to live and work in the UK, intended as a stepping stone to settled status.
It was for those who had lived in the UK for less than 5 years by 31 December 2020 and who applied by the deadline of 30 June 2021.
The scheme is now closed to new applicants, except for family members of EEA nationals who already hold settled or pre-settled status and are joining them in the UK.
Initially, pre-settled status was granted for a 5-year period.
From September 2023, the UK government introduced an automatic 2-year extension for those who missed the deadline to apply for settled status before their pre-settled status expired.
In May 2024, the government further announced an automatic 5-year extension for pre-settled status holders.
When Do You Qualify for Settled Status?
You qualify once you have been resident continuously in the UK for 5 years under permission granted via Appendix EU, including any period before the settled status application.
Continuous residence means:
You must not have been outside the UK for more than 6 months (180 days) in any 12-month period during those 5 years.
Short absences under 6 months are generally allowed, but any single absence longer than 6 months or cumulative absences over 180 days in a year reset your qualifying period, meaning your 5-year clock starts again from your return.
Time spent living in the UK both before Brexit (before 31 December 2020) and after, while holding pre-settled status, counts towards the 5 years.
If you are absent from the UK for 2 years or more while holding pre-settled status, you lose that status and must reapply if eligible.
How to Apply for Settled Status
Apply online via the official UK government website for the EU Settlement Scheme.
Log in to your existing account (usually the one you created when applying for pre-settled status) or create a new one if needed.
Confirm your identity — this is usually done by:
Using the UK Home Office app to scan your biometric documents (passport or national ID),
Or sending your documents by post, if online verification isn’t possible.
When filling in the application form, you will be asked to:
List all your absences from the UK during the 5-year qualifying period.
Make sure your absences do not exceed 6 months in any 12-month period; otherwise, your continuous residence may be considered broken.
Submit your application and wait for a decision, which typically takes a few weeks.
Excessive Absences with Pre-Settled Status
Normally, absences of more than 6 months in any 12-month period break continuous residence.
Exception: If your residence period started before 31 December 2020, an absence of up to 12 months can still count toward continuous residence if it was for COVID-related reasons, such as:
Caring for a family member affected by COVID,
Being advised by your employer not to return and to work remotely,
Other serious COVID-related circumstances.
Absences longer than 12 months do not count toward continuous residence, but if you can demonstrate a serious reason for the absence, you might still be able to:
Extend your pre-settled status,
Continue working towards the 5-year qualifying period for settled status.
In such cases, the qualifying 5-year period is assessed cumulatively:
From the start date until the absence period that stopped counting,
Then from the date of return to the UK onward.
If there is more than one prolonged absence for serious reasons:
A second absence longer than 6 months but not exceeding 12 months may be allowed,
Provided one of the absences was COVID-related,
The first 6 months of the second absence counts towards continuous residence,
After that, the qualifying period is paused, not reset.
If you do not qualify for settled status after your 5-year qualifying period due to absences, your pre-settled status will be automatically extended for another 5 years.
If Your EU Settlement Scheme Application Is Refused
Administrative Review
If you believe the refusal was due to an incorrect application of Immigration Rules or policies, or if you have new evidence that better supports your case, you can request an administrative review.
You must apply for this review within 28 days of receiving the refusal decision.
The fee is £80, which is refunded if the review finds that the refusal was a mistake.
If your new evidence leads to the original refusal being overturned, you will not get a refund of the fee.
Appeal to an Immigration Tribunal
You may also have the right to appeal the refusal to an immigration tribunal.
Time limits to appeal:
14 days if you are in the UK,
28 days if you are outside the UK.
Timing and Strategy
You can apply for administrative review and appeal simultaneously.
Alternatively, you can wait for the outcome of the administrative review and if still unhappy, appeal afterwards.
Settled Status UK FAQs
Is Settled Status the Same as Permanent Residence?
Settled status is a new form of indefinite leave to remain granted under the EU Settlement Scheme after Brexit to EU nationals and their family members.
Before Brexit, many EU nationals could obtain Permanent Residence (PR) documents under EU law, which showed their right to live in the UK indefinitely.
However, having Permanent Residence does not automatically give you settled status. You must apply for settled status under the EU Settlement Scheme if you want to continue living legally in the UK after the Brexit transition period (unless you have already become a British citizen).
Settled status essentially replaces Permanent Residence for EU nationals and is the mandatory immigration status to remain in the UK lawfully post-Brexit
Will You Lose Settled Status If You Lose Connection with the UK?
Settled status is lost if you stay outside the UK for 5 years or more continuously.
Short visits within that 5-year period are generally enough to maintain your status.
Currently, the guidance suggests you only need to visit the UK at least once every 5 years to keep your settled status.
However, the law or policies might change in the future, so it’s a good idea to keep an eye on official updates.