Settled status under the EU Settlement Scheme (EUSS) allows EU, EEA and Swiss citizens, along with their eligible family members, to remain indefinitely in the UK without immigration restrictions. Individuals granted settled status can live, work and access public services such as healthcare and education on the same basis as British citizens.
Although the full EUSS application period officially closed on 30 June 2021, late applications may still be accepted on grounds considered reasonable by UKVI.
In this guide, we set out the current rules on how to apply for settled status and update on recent changes under the EU Settlement Scheme affecting pre-settled and settled status holders.
Section A: What is Settled Status?
Settled status is the official immigration permission granted under the EU Settlement Scheme to eligible EU, EEA and Swiss nationals, and their qualifying family members, allowing them indefinite leave to remain in the UK. Having settled status means there are no restrictions on the length of time a person can stay in the country, offering stability and clarity regarding their rights and status. Settled status is generally confirmed digitally via the individual’s online UKVI account, rather than through physical documents.
1. The Rights and Benefits of Settled Status
Holding settled status gives individuals the legal right to work in any employment or establish their own business without immigration-related limitations. They may live anywhere in the UK without restrictions on the duration of their stay or type of residence. Settled status holders can fully access public healthcare services through the NHS free of charge, subject to the same conditions as British citizens. They also have entitlement to education and can apply for social welfare support or pensions, provided they meet the standard eligibility conditions.
Individuals with settled status may apply for British citizenship after holding that status for at least 12 months, provided they meet all other requirements for naturalisation, including residency rules, good character, sufficient knowledge of English and life in the UK and lawful immigration status throughout the qualifying period. Those married to a British citizen may apply without the 12-month waiting period, if all other requirements are met.
In terms of travel, settled status allows individuals to leave and enter the UK freely. They may spend up to five continuous years outside the UK without losing their settled status; returning even briefly within that time resets the five-year period, offering significant flexibility in terms of personal circumstances or career opportunities abroad.
2. Summary
Settled status offers permanent residence in the UK, providing extensive rights related to employment, housing, healthcare, social support and international travel. Individuals with settled status can establish a stable, permanent life in the UK with the reassurance of secure legal status.
Section B: Settled vs Pre-Settled Status: What’s the Difference?
Under the EU Settlement Scheme, applicants are either granted settled status or pre-settled status, depending primarily on the length of their residence in the UK at the time of application. While both statuses allow individuals to remain lawfully in the country, the rights, conditions and implications associated with each are significantly different.
1. Settled Status
Settled status is granted to individuals who have already completed at least five years of continuous residence in the UK. Individuals with settled status have indefinite leave to remain, allowing permanent residence without immigration conditions. They are entitled to work, study and live anywhere within the UK without restrictions. Access to public healthcare, education and social welfare is on an equal footing with British citizens. Individuals holding settled status may also travel abroad, returning to the UK without limitation provided that any single absence does not exceed five continuous years.
2. Pre-Settled Status
Pre-settled status is a temporary immigration permission granted to individuals who have not yet accumulated five full years of continuous residence at the time of their initial application. Pre-settled status is limited to a five-year duration, during which the individual is expected to accrue the necessary residence to become eligible for settled status.
The Home Office began a phased programme in January 2025 to automatically upgrade eligible pre‑settled status holders to settled status. Pre‑settled status is automatically extended by five years shortly before expiry, providing ongoing lawful residence while awaiting assessment. Automatic conversion relies on internal checks using tax, National Insurance, and government-held records. Individuals are notified by email if their status is successfully upgraded or if further manual action is required.
While pre-settled status holders have rights similar to settled status holders—such as unrestricted access to work, healthcare and education—they face stricter rules on absences from the UK. Historically, individuals with pre-settled status had to limit absences to no more than six months in any 12-month period.
However, as of July 2025, a new rule permits pre-settled status holders to qualify for settled status if they have spent at least 30 months total in the UK within the latest five-year period, even if they have exceeded the previous absence limits. Home Office caseworkers may use detailed travel data as a supplementary tool where tax or benefits records are incomplete to confirm qualifying residence under the new rule. These more flexible absence rules apply only to existing pre-settled status holders. Late applicants or first-time applicants must still satisfy the traditional five‑year continuous residence rule.
Unlike settled status, pre-settled status can be lost if the individual exceeds allowable absences, fails to upgrade their status after qualifying or breaches other immigration conditions. Pre‑settled status now only lapses after a single continuous absence of five years, replacing the prior two‑year absence rule. This is not retrospective — anyone who was already absent for over two years before 21 May 2024 cannot rely on the five-year rule to regain or preserve status.
3. Summary
The main difference between settled and pre-settled status centres around permanency and rights related to absences. Settled status offers indefinite leave and greater flexibility regarding absence from the UK, whereas pre-settled status provides temporary leave with stricter residency requirements, ultimately designed as a pathway toward achieving settled status.
Section C: Recent Changes to the EU Settlement Scheme (2025 Updates)
Recent rule changes under the EU Settlement Scheme have significantly affected how pre-settled status holders progress to settled status.
1. Automatic Conversion from Pre‑Settled to Settled Status
From January 2025 the Home Office began automatically upgrading eligible individuals with pre-settled status to settled status without requiring a fresh application. Those approaching the expiry of their pre-settled status receive an email advising they will soon be considered for conversion.
The Home Office uses government-held records such as tax, National Insurance and border crossing data to confirm continuous residence and suitability, applying checks consistent with those used at initial application. If eligibility cannot be verified automatically the individual is informed and may apply manually.
2. The New 30‑Month Residency Rule (Effective 16 July 2025)
As of 16 July 2025 applicants holding pre-settled status may qualify for settled status if they have accumulated at least 30 months of actual residence in the UK during the most recent 60-month period. The previous requirement of not exceeding six months absence in any single 12-month period has been replaced by this more flexible approach. Applicants now have the option of qualifying either under the traditional continuous five-year residence requirement or this new 30-month rule outlined in Appendix EU. Home Office caseworkers can draw on travel data as a supplementary tool in cases where financial or benefit records are incomplete. The rule applies both to the automatic process and to new applications under the scheme.
3. Proposed Political Reforms: Potential 10‑Year Settlement Rule
The UK Government’s May 2025 White Paper proposes extending the qualifying period for settlement to ten years for many migrants. However, the Home Office has confirmed that this change will not apply to individuals under the EU Settlement Scheme. Their rights are protected by the Withdrawal Agreement and cannot be changed unilaterally. This position was confirmed by the Home Office in communication with the Independent Monitoring Authority in July 2025.
4. Summary
Automatic conversion now means many pre-settled status holders will no longer need to apply when they reach the qualifying residence period. The introduction of the 30-month rule offers greater flexibility for those who have had long absences. Meanwhile, proposed broader immigration reforms may in future extend the qualifying period for permanent residence to ten years—though those under EUSS may be exempt, and details remain under review.
Section D: Who Can Apply for Settled Status?
Eligibility for settled status under the EU Settlement Scheme depends on nationality, family relationship to qualifying nationals and length of residence within the UK. Applicants must meet specific criteria to qualify for settled status, and these requirements have evolved since the scheme began. Late applications under the EU Settlement Scheme remain possible in 2025, provided that the applicant can demonstrate reasonable grounds for applying after the deadline.
1. EU, EEA and Swiss Nationals
Citizens of the EU, European Economic Area (EEA) countries and Switzerland who began residing in the UK by 31 December 2020 are eligible to apply for settled status. Applicants must demonstrate continuous residence in the UK for at least five years, or meet the new 30-month residence rule introduced in July 2025 if they already hold pre-settled status. Those arriving after the end of 2020 typically fall under other immigration rules, rather than the EUSS, unless joining qualifying family members.
2. Family Members
Family members of eligible EU, EEA or Swiss nationals may also apply for settled status, even if they themselves do not hold EU, EEA or Swiss citizenship. Family members include spouses or civil partners, dependent children or grandchildren, dependent parents or grandparents, and in certain cases extended family members such as unmarried partners in durable relationships.
Eligibility for family members generally depends on the primary EU national’s status and continuous residence in the UK, as well as the family member’s own presence and relationship being established before relevant deadlines.
3. Continuous Residence Rules
To qualify for settled status, applicants must generally demonstrate continuous residence in the UK. Continuous residence traditionally meant residing in the UK for at least five consecutive years without absences exceeding six months in any 12-month period, except under special circumstances such as illness or compulsory military service. However, from July 2025, individuals holding pre-settled status may also qualify if they have accumulated at least 30 months of total residence within the most recent five-year period, even if they have exceeded the previous absence allowances.
4. Summary
Applicants for settled status under the EU Settlement Scheme must be EU, EEA or Swiss nationals who arrived in the UK before 31 December 2020, or qualifying family members. They must meet either the traditional five-year continuous residence requirement or, if already holding pre-settled status, the newer, more flexible 30-month residence rule introduced in 2025. Eligibility depends heavily on nationality, family relationships and the period spent living in the UK.
Section E: Residence Requirement
To qualify for settled status under the EU Settlement Scheme, applicants must meet residence requirements set by UK immigration rules. Originally, the scheme required applicants to demonstrate five continuous years of residence in the UK. However, recent rule changes have introduced an alternative residency criterion effective from July 2025, providing greater flexibility in meeting eligibility conditions. Applications submitted before 17 July 2025 may be treated under the older continuous residence rules rather than the new 30‑month requirement.
1. Original 5-Year Continuous Residence Rule
The original residency requirement under the EU Settlement Scheme required applicants to have lived continuously in the UK for at least five consecutive years. Continuous residence was defined as having no more than six months of absence in any rolling 12-month period. Absences longer than six months would typically interrupt continuity, meaning the residency period had to start again upon return to the UK, unless specific exceptions applied.
Pre-settled status holders can build up the required five-year residence period regardless of whether their qualifying period began before or after 31 December 2020. What matters is that they meet the continuous residence requirement under Appendix EU, either through five years of continuous residence or the 30-month alternative introduced in July 2025. Certain absences, such as for illness or overseas postings, may still be covered by exceptions.
2. New 30-Month Residence Rule (Effective July 2025)
From July 2025, a new rule has allowed individuals holding pre-settled status to qualify for settled status by demonstrating at least 30 months of residence within the most recent five-year period, regardless of whether absences exceeded six months in any given year. The intention behind this rule change was to offer more flexibility for those whose residency continuity was previously disrupted by extended absences, enabling more individuals to meet the criteria for permanent settlement. Where tax or benefits records are incomplete, caseworkers may rely on detailed travel and border crossing data to assess whether an applicant meets the 30‑month residency requirement.
3. Permitted Absences and Exceptions
Certain types of absences exceeding the standard six-month limit are permitted without breaking continuity of residence. Exceptions include absences due to serious illness, compulsory military service or overseas postings for certain government employees and their family members.
Periods outside the UK directly related to the COVID-19 pandemic, such as travel restrictions or quarantine measures, are also treated as permitted absences under specific conditions and guidance provided by the Home Office.
Since 21 May 2024 pre‑settled status only lapses after one continuous absence of five years from the UK, replacing the previous rule of two‑year automatic lapse. This is not retrospective — anyone who was already absent for over two years before 21 May 2024 cannot rely on the five-year rule to regain or preserve status.
4. Summary
Applicants seeking settled status must satisfy either the original requirement of five years’ continuous residence, with absences of no more than six months per year, or the newly implemented 30-month residency rule effective from July 2025. Exceptions exist for specific situations, such as illness, military service or COVID-19-related absences, allowing flexibility for applicants whose residence would otherwise be considered interrupted.
Section F: How to Apply for Settled Status in 2025
Legal permission to remain under the EU Settlement Scheme is still available in 2025 despite the main application deadline passing in 2021. Several specialised application routes continue, including transitioning from pre‑settled to settled status and submitting late applications under specific circumstances. The information below sets out the current process and deadlines.
1. The Closed Deadline and Exceptions
Most people had to apply under the EU Settlement Scheme by 30 June 2021. Applications submitted after that date are treated as late and will only be accepted if reasonable grounds can be proven. Evidence must clearly show why the applicant could not submit a valid application by the deadline and why they are applying now. Reasonable grounds may include serious illness, domestic violence, delays in obtaining identity documents or ignorance of the requirement as a former permanent resident.
Holding a valid EU permanent residence document issued before 2021 is recognised in Home Office guidance as a reasonable ground for a late EUSS application. Applicants should still provide evidence of confusion or misunderstanding caused by holding the document, as this is not an automatic acceptance but a recognised justification.
2. Process for Transitioning from Pre‑Settled to Settled Status
From January 2025 the Home Office introduced an automatic conversion process that upgrades qualifying pre‑settled status holders to settled status using internal records such as HMRC earnings or National Insurance data. Applicants whose status cannot be verified automatically are informed and may be invited to apply manually. Individuals invited to apply manually receive a notice and usually have 60 days to submit the required documentation. For those applying manually, the process remains the same as for new applications. Applicants must submit identity documents, evidence of residence and any required documentation via the official online service or by post for exceptional cases. Expired pre‑settled status is automatically extended by five years pending eligibility reviews. Caseworkers may draw on alternative evidence such as NHS registrations or council tax records if income data is incomplete.
3. Submitting a Late Application with ‘Reasonable Grounds’
Eligibility for late application remains open in 2025 if you can show valid reasons for missing the June 2021 deadline. Evidence must persuade the Home Office that delay was beyond your control. Decisions on late applications now carry closer scrutiny and higher evidential requirements than before.
Since 2023, the Home Office has taken a stricter approach to late EUSS applications. If no reasonable grounds are accepted, the application is treated as invalid and rejected without a right of appeal or administrative review. Judicial review remains the only available remedy.
4. How to Apply—Step by Step
Applicants should begin with the official GOV.UK portal. Identity verification is required using a passport or national ID. Once identity is confirmed, residence evidence must be provided. Acceptable documentation includes tax records, NHS registrations, council tax bills, tenancy agreements or bank statements showing consistent presence in the UK. Those who cannot apply online should contact the EU Settlement Scheme team, which issues a paper form that must be posted to the Home Office. The application process remains cost-free. Applicants can expect manual application decisions within approximately five to eight weeks. Settled status remains confirmed digitally via a UKVI account; physical documents are rare.
5. Summary
The main EUSS application window closed in June 2021 but eligible applicants in 2025 may still apply or upgrade. If you already hold pre‑settled status and meet residence criteria, status may be upgraded automatically or through a manual application. Anyone who missed the original deadline should act promptly and gather strong evidence of reasonable grounds. Whether applying for the first time or upgrading, use the official GOV.UK process and provide clear documentation to support your eligibility.
Section G: Upgrading from Pre‑Settled Status to Settled Status
Individuals who hold pre‑settled status may now become eligible for settled status under updated rules introduced in 2025. Whether that transition occurs automatically or through a manual application depends on specific conditions.
1. Automatic Upgrade Eligibility
From late January 2025 the Home Office began automatically converting eligible pre‑settled status holders to settled status. If a holder’s pre‑settled status is nearing expiry, they receive an email advising that they may be under consideration for conversion. Home Office systems then assess eligibility using government-held information, including tax and National Insurance records, border crossings and criminal record data. If those checks confirm continuous residence and suitability, settled status is granted without any action needed from the individual.
The conversion rollout is phased, so not all eligible individuals will receive automatic status immediately. Where automatic conversion is not possible, pre‑settled status is extended for up to five years while eligibility continues to be reviewed.
2. When a Manual Upgrade Application Is Necessary
A manual application becomes necessary if the Home Office cannot verify eligibility automatically. Reasons may include gaps in residence records or absence from the scheme’s conditions. Holders who previously applied for settled status and were refused under the original continuous residence rule may now qualify under the new 30‑month rule effective from July 2025 and should consider applying again. Automatic conversion is not available to individuals applying for the first time under the EU Settlement Scheme or those applying late with reasonable grounds for delay.
3. How to Manually Apply for Settlement
Anyone eligible for settlement may start the manual process at any time via the official GOV.UK portal. Proof of identity via passport or national ID is required, along with documentation demonstrating residence in the UK for either five years continuous residence or at least 30 months within the past five years. Those switching status due to family membership should also supply evidence of a qualifying relationship. Applicants can update identity or contact details in their UKVI digital account to ensure the Home Office has correct information. There is no application fee and the process remains the same used for new settlements. Applicants applying manually should expect a decision within five to eight weeks.
Where an application is refused, applicants may request an administrative review; in limited circumstances judicial review may be pursued.
4. Summary
Eligible pre‑settled status holders now have the option of receiving settled status without submitting a fresh application, thanks to an automatic conversion process launched in January 2025. If that conversion is not possible due to incomplete records or failure to meet residence conditions, individuals must apply manually, using either the original five‑year rule or the more flexible 30‑month rule introduced in July 2025. Manual application remains available at any point if applicants prefer not to wait for automatic processing.
Section H: FAQs
Can I still apply for settled status if I missed the June 2021 deadline?
Yes, you may still apply if you can demonstrate clear and reasonable grounds explaining why you missed the deadline. Late applications require compelling evidence, such as illness or issues obtaining necessary documents. Official guidance now confirms that holding an EU permanent residence card issued before 2021 is in itself sufficient reasonable grounds to apply late.
Do I get a physical document after receiving settled status?
No physical document is provided. Settled status is confirmed digitally through your UKVI online account. You can generate a share code to demonstrate your status to employers, landlords or authorities when necessary. Share codes remain valid for 30 days and can be generated repeatedly. Physical documents are only issued in exceptional cases.
Can I lose my settled status once it is granted?
Settled status can be lost if you spend more than five continuous years outside the UK. Returning briefly during this period resets the five-year clock, allowing you to maintain status. For those still holding pre‑settled status on or after 21 May 2024, the status is automatically extended for up to five years while eligibility is reviewed.
What can I do if my application for settled status is refused?
If refused, you may request an administrative review of your decision. In limited circumstances, you could consider judicial review if you believe the decision was unlawful. Legal advice is strongly recommended. If your late application is rejected due to insufficient grounds, administrative review is not available and judicial review may be the only option.
Do absences from the UK affect my eligibility for settled status?
Absences longer than six months in a single 12-month period can impact eligibility under the traditional five-year rule, unless specific exceptions apply. The newer 30-month residence rule allows greater flexibility for those with extended absences. The 30‑month residence rule applies only to current pre‑settled status holders; first‑time or late applicants must still meet the standard five‑year continuous residence criteria.
Section I: Glossary Table
| Term | Definition |
|---|---|
| Administrative Review | A process allowing applicants to challenge a Home Office decision due to perceived errors. |
| Automatic Conversion | The process introduced in 2025 whereby pre‑settled status is upgraded to settled status automatically using internal records. |
| Continuous Residence | A period of uninterrupted residence in the UK, traditionally requiring no absences longer than six months in a year, unless exceptions apply. |
| Durable Relationship | An established partnership typically evidenced by at least two years of cohabitation or a long-term emotional and financial bond. |
| EU Settlement Scheme (EUSS) | The immigration programme allowing eligible EU, EEA and Swiss nationals and their families to remain permanently in the UK after Brexit. |
| Judicial Review | A legal process allowing challenges to Home Office decisions on grounds of legality rather than merit. |
| Pre‑Settled Status | Temporary permission granted to EU, EEA and Swiss nationals who have not yet completed five years’ continuous residence. |
| Reasonable Grounds | Acceptable justifications recognised by the Home Office for late applications under the EUSS, including serious illness or holding a permanent residence card issued before 2021. |
| Settled Status | Indefinite leave to remain, granting permanent residence in the UK without immigration restrictions. |
| Share Code | A unique digital code generated via the UKVI online account allowing individuals to demonstrate their immigration status to third parties. |
| UKVI | UK Visas and Immigration, the Home Office department responsible for managing immigration applications and status. |
| 30-Month Residence Rule | A new rule introduced in July 2025 allowing pre‑settled status holders to qualify for settled status after demonstrating at least 30 months of residence in the UK within the past five years. |
Section J: Additional Resources and Links
| Resource | Description | Link |
|---|---|---|
| GOV.UK – EU Settlement Scheme | Official UK government information on settled and pre-settled status, eligibility criteria and application processes. | Visit GOV.UK |
| EU Settlement Scheme Guidance (Home Office) | Comprehensive Home Office guidance outlining rules and latest updates to the EU Settlement Scheme. | View Guidance |
| Administrative Review: EU Settlement Scheme | Information from GOV.UK on how to request an administrative review if your application for settled status was refused. | Administrative Review |
| the3million | Leading advocacy group providing resources and support for EU citizens applying under the EU Settlement Scheme. | the3million.org.uk |
| Home Office Media Blog | Official updates and fact sheets from the Home Office regarding the EU Settlement Scheme and immigration policies. | Home Office Media |
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
