Pre Settled Status in the UK

Pre settled status is a form of limited leave to remain granted under the EU Settlement Scheme to EU, EEA and Swiss citizens, as well as their eligible family members, who moved to the UK before 31 December 2020 but had not yet completed five years of continuous residence at the time of applying. It allows individuals to live, work and study in the UK and access public services, including the NHS and certain benefits, where eligible.

Originally granted for five years, pre-settled status is now automatically extended by a further five years before it expires. Once the holder completes the required residence period, they can apply for settled status or may be upgraded automatically following Home Office checks of official records.

The main consideration for pre-settled status holders is maintaining sufficient UK residence to qualify for settled status. From 16 July 2025, the rules allow eligibility through either the standard six-month absence limit or by showing at least 30 months of physical presence in the UK within a five-year period.

Pre-settled status can still be lost after five continuous years outside the UK, and children born in the UK to holders are not automatically British unless the other parent has British or settled status.

In this guide, we explain what pre-settled status is and how ongoing changes in the EU Settlement Scheme rules may affect your status in the UK.

 

What is pre settled status UK?

 

EU nationals and their families who were living in the UK prior to 31 December 2020 were required to apply to the EU settlement scheme (EUSS) by 30 June 2021 to regularise their legal status in the UK post-Brexit.

When making an application under the EU settlement scheme (EUSS), successful applicants were granted either indefinite leave to remain or enter, known as settled status, or limited leave to remain or enter, known as pre-settled status, based on the length of their UK residency.

To qualify for settled status, applicants needed to show they had lived in the UK for a continuous period of five years at the time of making their application. To satisfy the five-year continuous residence requirement, they must have lived in the UK, the Channel Islands or the Isle of Man for at least six months in any twelve-month period.

Applicants who did not have five years of UK residence were granted pre-settled status. Applicants could not choose which type of status there were applying for, rather this was determined by the Home Office based on checks made against the applicant’s national insurance number and documentation submitted in support of their application to verify UK residency.

Pre-settled status is therefore a five-year grant of limited leave to remain or enter for EU, EEA and Swiss citizens, and their eligible family members, who had not yet completed five years’ residence by the time they applied to the EU Settlement Scheme.

Initially, pre-settled status was deemed to be a temporary status, to allow the individual to attain the requisite five year UK residency at which time they should apply for full settled status. This position was ruled unlawful by UK courts in IMA v SSHD and the Home Office has since safeguarded this leave by automatically adding extensions – initially two-years, but now five-year extensions since  May 2024 – to every grant before it expires, ensuring no holder becomes undocumented while they build up continuous residence.

Pre-settled status exists purely as a digital eVisa, and there is no biometric residence permit or vignette. Holders prove their rights to work, rent, claim benefits or re-enter the UK through the online “View and Prove your immigration status” service, which generates a time-limited share code for employers, landlords or carriers to verify the eVisa record.

 

Rule changes affecting pre-settled status

 

Since the High Court’s landmark ruling in IMA v SSHD, the Home Office has rolled out a series of reforms, most recently the Statement of Changes HC 836 that takes effect on 16 July 2025, which together have overhauled how pre-settled status works.

Most notably, these measures have had the effect of scrapping the two-year lapse rule, granting automatic two-year extensions to eligible holders, creating an automated upgrade pathway to settled status, and introducing a more generous “30 months in 60” absence test.

As a result, holders of pre-settled status now enjoy a far more secure and flexible route to permanent residence under the EU Settlement Scheme.

 

Do pre-settled status holders have to reapply for full settled status?

 

Under the EU settlement scheme’s original rules, pre settled status holders were required to apply for full settled status once they had attained 5 years’ UK residency so as to remain in the UK with indefinite lawful status. If an individual failed to make a subsequent application for leave prior to expiry of their pre-settled status, they would automatically lose their right to work, study and rent a property in the UK, and to access benefits and services. They would also be liable to removal from the UK on the basis that they would no longer be classed as lawfully present.

Since the High Court judgment in The Independent Monitoring Authority for the Citizens Rights Agreements (IMA) v the Secretary of State for the Home Department [2022], the judge held that individuals with pre-settled status under the EUSS should no longer be required to make a second application under the scheme or face losing their rights. As such, the requirement to make a second application was deemed unlawful. Effectively, failure to file a follow-on application can no longer make someone unlawfully present. The court ruled that withdrawing a person’s Brexit Withdrawal Agreement rights simply because they had not “upgraded” to full settled status breached both domestic law and the UK-EU treaties.

In response to the ruling, the Home Office confirmed that the requirement for pre-settled status holders to reapply for full settled status would be removed and that new legal provisions would follow. The Home Office issued new guidance in its July 2023 Statement of Changes confirming that the right to reside in the UK on the basis of pre-settled status “does not expire by virtue of failing to make a second application to EUSS“.

Immigration Rules changes in 2023 guaranteed that every pre-settled holder would receive a two-year extension before their original five-year grant expired. The extension was applied automatically to the digital record; no action was required from the migrant.

Further amendments lengthened the automatic extension to five years and removed the expiry date that previously appeared to employers and landlords in the online checking services, reducing the risk of wrongful refusal of work or housing.

On the same day the Immigration (Leave to Enter and Remain) Order 2000 was amended so that both pre-settled and settled status now lapse only after five consecutive years outside the UK(or four for Swiss cases). Anyone who had already been away for two years by 21 May 2024 still lost their status, but no new two-year lapses can accrue.

A further statement detailed that from September 2023, two-year extensions will automatically be granted to anyone with pre settled status who has not yet obtained settled status. This will apply by virtue of the Secretary of State’s powers under section 3(3)(a) of the Immigration Act 1971. The extension will be automatically applied to the individual’s digital status before it expires and will be confirmed to the individual directly.

Since January 2025, a phased programme now checks HMRC and DWP databases to confirm whether a holder has completed five years’ qualifying residence. Where the test is met and there are no disqualifying factors, the system automatically grants settled status and emails the holder; the first such conversions were issued in late January 2025.

The current position for pre-settled status holders is that you will not lose your residence rights, or your ability to work, rent or claim benefits, simply because you have not applied for settled status. Your digital e-Visa will show an open-ended grant of pre-settled status, extended by five years at a time until you are converted to settled status or choose to apply for it yourself.

You may apply manually as soon as you believe you qualify, and many people still do so where they need settled status quickly (for example, before applying for a mortgage, sponsoring a non-EU family member, or naturalising). The Home Office encourages such proactive applications, but it is no longer a legal requirement.

 

Continuous residence requirement for pre-settled to full settled status

 

Automatic or manual, the upgrade depends on meeting the continuous-residence rules. From 16 July 2025 you can satisfy this in either of two ways:

 

• No more than 180 days’ absence in any rolling 12-month period (with one possible longer “important-reason” break), or
• At least 30 months of physical presence in the UK during the most recent 60-month window.

 

If the data matching cannot find enough UK presence, you will not be upgraded and the Home Office may ask for evidence or, where absence is prolonged and ongoing, exercise its power to curtail your leave.

So while pre-settled status now rolls forward automatically and is upgraded to settled status either by a Home-Office data sweep or, if you prefer, by a standard online application. Maintaining sufficient residence, rather than meeting a procedural deadline, is now the only condition you need to watch.

 

What is the difference between settled and pre status?

 

Both settled and pre-settled status under the EU Settlement Scheme allow individuals to live, work and study in the UK. Holders of either status can access NHS healthcare and public funds (including pensions and benefits, if otherwise eligible), and may travel freely in and out of the UK.

However, there are important differences between the two statuses, particularly in relation to how secure the immigration status is and what future rights it confers.

Settled status is a form of indefinite leave to remain, meaning your immigration status does not expire and there is no time limit on your stay in the UK. By contrast, pre-settled status is a form of limited leave, initially granted for five years. Since September 2023, the Home Office has been automatically extending this leave by a further five years before it expires, with additional extensions available as needed to protect continuity of lawful residence.

A key difference relates to how long you can remain outside the UK without losing your status. If you hold settled status, you can be absent from the UK for up to five continuous years (or four years if you are a Swiss citizen or their family member) without losing your right to return. From 21 May 2024, the same five-year absence limit also applies to pre-settled status. Previously, pre-settled status would lapse after just two years abroad, but that rule no longer applies to any new absences occurring after that date.

If you hold pre-settled status and want to become settled, you must complete a qualifying five-year residence period in the UK. From 16 July 2025, this can be met in one of two ways:

 

• by being absent no more than six months in any 12-month period (with one permitted absence of up to 12 months for an “important reason”), or
• by proving at least 30 months of physical presence in the UK during any rolling 60-month period, regardless of how the absences were distributed.

 

Another distinction relates to children born in the UK. If you have settled status, your children born in the UK will usually be automatically British at birth.

However, if you hold pre-settled status, your children will only acquire British citizenship at birth if their other parent is British or settled. Otherwise, they may acquire pre-settled status but will not automatically be British.

Finally, only those with settled status can apply to naturalise as a British citizen., usually after holding that status for 12 months (or immediately if married to a British citizen), subject to meeting the residence and good character requirements.

 

Aspect	Settled status	Pre-settled status
Type of leave	Indefinite leave to remain	Limited leave for 5 years, automatically extended by a further 5 years before expiry (and again if necessary)
Loss of status for long absences	Lapses after 5 continuous years outside the UK (4 for Swiss routes)	Same 5-year lapse rule since 21 May 2024; the old 2-year limit no longer applies
Upgrading / continuity test	Not applicable — status is permanent	Must complete a 5-year continuous qualifying period: • no more than 180 days’ absence in any rolling 12-month period (with one possible 12-month “important-reason” break), or • at least 30 months’ physical presence in the UK during the latest 60-month window (rule effective 16 July 2025)
Automatic conversion	Not applicable	Home Office HMRC/DWP data checks now upgrade eligible holders to settled status without an application; manual upgrade remains optional
Children born in the UK	Child is automatically a British citizen at birth	Child is not automatically British unless the other parent is settled or British; otherwise the child acquires pre-settled status
Path to citizenship	May apply to naturalise after 12 months (immediately if married to a British citizen), subject to residence and good-character tests	Must first obtain settled status, then meet the naturalisation residence period

 

 

How to upgrade pre settled status to full settled status

 

If you hold pre settled status under the EU Settlement Scheme (EUSS), you can upgrade to settled status once you meet the continuous residence requirement. Upgrades can now happen either automatically or by making a manual application, depending on your circumstances and preferences.

 

Option 1: Automatic upgrade to settled status

 

Since January 2025, the Home Office has been running an automated process to identify pre-settled status holders who meet the criteria for settled status. This is done by checking government-held data, such as records from HM Revenue & Customs (HMRC) or the Department for Work and Pensions (DWP), to confirm whether you have completed the necessary period of UK residence.

If the system confirms that you meet the qualifying criteria, you will be granted settled status automatically. You will be notified by email once the upgrade has been applied, and your digital immigration record will be updated to reflect your new status. There is no need to submit an application or provide additional documents in these cases.

However, not everyone will be picked up through this automated system—particularly if you haven’t been in regular employment or receiving benefits. In such cases, the Home Office may be unable to confirm your residence based solely on data checks.

 

Option 2: Apply manually for settled status

 

You can also choose to apply manually for settled status at any time once you believe you meet the qualifying residence requirement. This is often the preferred route if you need settled status urgently—for example, to apply for British citizenship, sponsor a family member, or secure a mortgage.

To apply, you will need to log into your EU Settlement Scheme account and start a new application for settled status, and provide proof of your identity, usually via the online ID Check app. Submit evidence of your residence in the UK over the required period, if your National Insurance records do not show sufficient coverage.

 

Residence requirement: how to qualify

 

To be eligible for settled status, you must have completed a five-year continuous qualifying period of residence in the UK, Channel Islands or Isle of Man. As of 16 July 2025, there are two ways to satisfy this:

 

• Standard test: You have lived in the UK for five years and during each 12-month period you were absent for no more than 180 days (with one longer absence of up to 12 months allowed for an “important reason”, such as serious illness, study or work overseas).
• New alternative test: You have been physically present in the UK for at least 30 months within any rolling 60-month period, regardless of how your absences were distributed. This rule offers greater flexibility and helps individuals affected by extended absences during events such as the COVID-19 pandemic.

 

Note that your pre settled status will not expire while you wait for an automatic upgrade. The Home Office now grants automatic five-year extensions to pre-settled status before it expires, ensuring continuity of lawful residence.

Once granted, settled status is indefinite, meaning it does not expire. However, it can be lost if you are absent from the UK for five continuous years (or four years for Swiss cases).

If you’re not sure whether you qualify for settled status yet, it is still worth checking your own records or seeking advice. You can apply manually as soon as you meet the residence requirement; you do not need to wait for the Home Office to act.

 

Can I apply for British citizenship with pre settled status UK?

 

You are not eligible to apply for British citizenship while you hold pre-settled status. You must first meet the qualifying residence requirement, typically five years of continuous residence in the UK, and then apply for and be granted settled status under the EU Settlement Scheme.

Once you have obtained settled status, you will generally need to reside in the UK for a further 12 months before you can apply to naturalise as a British citizen, unless you are married to or in a civil partnership with a British citizen. In that case, the 12-month residence requirement after obtaining settled status may not apply, provided you meet all other criteria at the time of application.

In addition to the residence requirements, you must also satisfy the other naturalisation criteria, including:

 

• Being aged 18 or over;
• Being of sound mind and demonstrating good character;
• Meeting the English language and Life in the UK test requirements;
• Intending to continue living in the UK (or to live in the UK with your British spouse or civil partner, if applicable).

 

You must also ensure that your absences from the UK do not exceed the permitted thresholds in the five-year (or three-year) qualifying period before applying.

So, while pre-settled status does not prevent you from becoming British in the future, you must first upgrade to settled status and then meet the naturalisation requirements before making an application for British citizenship.

 

Pre settled status FAQs

 

What is pre-settled status?

Pre-settled status is a form of limited leave to remain under the EU Settlement Scheme. It allows eligible EU, EEA, Swiss citizens and their family members to live, work, study and access healthcare and public funds in the UK. It is typically granted to applicants who had not yet completed five years of continuous residence in the UK at the time of applying.

 

How long does pre-settled status last?

Pre-settled status was originally granted for five years. However, since September 2023, the Home Office has begun automatically extending this by a further five years before it expires, with additional extensions available if needed.

 

Can I lose my pre-settled status if I leave the UK?

Yes, but only after a continuous absence of five years. Prior to May 2024, pre-settled status would have lapsed after two years abroad, but that rule no longer applies to any new absences. You must now be outside the UK for five years in a row for your pre-settled status to lapse.

 

Do I have to apply again to get settled status?

Not necessarily. Since January 2025, the Home Office has begun automatically upgrading eligible individuals to settled status by checking official records, such as HMRC or DWP data. If the system confirms that you meet the residence requirement, you will be upgraded without needing to apply. However, you can still make a manual application at any time if you prefer.

 

How do I qualify for settled status?

You need to complete a five-year continuous residence period in the UK. From 16 July 2025, this can be met in two ways: either by keeping absences below six months in any 12-month period (with one longer absence allowed for an important reason), or by showing you have been physically present in the UK for at least 30 months within the most recent five years.

 

What happens if I do nothing?

Your status will not expire or become invalid simply because you don’t apply for settled status. You will receive an automatic extension before your pre-settled status expires, and the Home Office will attempt to upgrade you to settled status when you qualify.

 

Can my child born in the UK become British if I have pre-settled status?

Not automatically. A child born in the UK to someone with pre-settled status will only be a British citizen at birth if the other parent is British or settled. Otherwise, the child may be eligible for pre-settled status or may need to register as British at a later date.

 

Can I apply for British citizenship with pre-settled status?

No. You must first obtain settled status before applying to naturalise as a British citizen. In most cases, you must then hold settled status for at least 12 months before applying, unless you are married to a British citizen.

 

How can I prove my status?

Pre-settled and settled status are both held digitally. You can prove your status using the Home Office’s online ‘View and Prove’ service, which allows you to share a code with employers, landlords, or other organisations that need to check your status.

 

Can I still apply for pre-settled status now?

The main deadline to apply for pre-settled status passed on 30 June 2021. However, you may still be able to apply if you have reasonable grounds for applying late or are joining a qualifying family member under the terms of the Withdrawal Agreement.

 

 

Glossary

 

 

Term	Definition
Pre-settled status	A form of limited leave to remain granted under the EU Settlement Scheme to individuals who had not yet completed five years’ continuous residence in the UK at the time of applying.
Settled status	Indefinite leave to remain granted under the EU Settlement Scheme to individuals who have completed five years of continuous residence in the UK, giving them permanent lawful status.
Continuous residence	The requirement to have lived in the UK, Channel Islands or Isle of Man for a qualifying period, subject to specific rules on permitted absences.
30-month rule	A new rule (effective from 16 July 2025) allowing pre-settled status holders to qualify for settled status if they have been physically present in the UK for at least 30 months within the most recent 60-month period.
EU Settlement Scheme (EUSS)	The UK government’s scheme for granting immigration status to EU, EEA and Swiss citizens and their family members following Brexit.
Digital status	Immigration status held electronically with no physical document. Status is accessed and shared via the Home Office’s online ‘View and Prove’ service.
Indefinite leave to remain (ILR)	A form of immigration status that allows a person to stay in the UK without any time limit. Settled status under the EUSS is a type of ILR.
Limited leave to remain	Time-limited permission to stay in the UK. Pre-settled status is a form of limited leave to remain.
Automated upgrade	The process by which the Home Office automatically converts eligible pre-settled status holders to settled status using government-held data, without requiring an application.
Naturalisation	The legal process by which a non-British national becomes a British citizen, usually following a qualifying period of residence and settled status.
Withdrawal Agreement	The agreement between the UK and the EU that sets out citizens’ rights and other arrangements following the UK’s departure from the EU.
Good character requirement	A legal criterion for naturalisation requiring applicants to demonstrate law-abiding behaviour and a clean immigration and criminal history.
View and Prove service	The Home Office’s online system allowing individuals to access and share their digital immigration status with employers, landlords or service providers.