Settled Status Requirements UK (2026)

The settled status requirements are set out in the Immigration Rules, Appendix EU. To qualify for settled status under the EU Settlement Scheme (EUSS), an applicant must demonstrate qualifying nationality or family relationship, residence in the UK by the relevant date and five years’ continuous residence, together with compliance with the suitability requirements.

Although the main deadline for most applications was 30 June 2021, the legal framework remains highly relevant. Late applications may still be accepted where there are reasonable grounds. Certain joining family members can continue to apply. In addition, significant changes following litigation have altered the position for holders of pre-settled status, including automatic extensions and the introduction of automated checks for conversion to settled status.

What this article is about:
This guide provides a detailed legal analysis of the settled status requirements as they stand in 2026. It explains who qualifies under Appendix EU, how the continuous residence test operates in practice, how criminality and suitability are assessed and how pre-settled status differs from settled status. It also addresses evidential requirements, late applications and how to prove status using the UK’s digital system. Where enforcement and verification issues arise, these must be understood in the wider context of UKVI oversight and wider UK immigration law compliance.

Section A: Who Meets the Settled Status Requirements?

The starting point for any assessment is Appendix EU to the Immigration Rules. Settled status is granted where an applicant meets the eligibility and suitability criteria set out in that Appendix. Eligibility turns primarily on nationality, family relationship and residence.

1. Eligible EU, EEA and Swiss Nationals

Settled status was designed for citizens of EU Member States, nationals of EEA countries (Norway, Iceland and Liechtenstein) and Swiss nationals.

To qualify, the individual must have started residing in the UK before 11pm on 31 December 2020, the end of the transition period following the UK’s withdrawal from the European Union. Residence does not require formal immigration documentation prior to that date. Many applicants relied on employment, self-employment, study or self-sufficiency, although the EUSS simplified the evidential approach compared with the previous permanent residence regime.

The key legal requirement is that the applicant began a period of residence in the UK before the relevant deadline and subsequently completed a continuous qualifying period of five years. Where the individual had not yet completed the five-year period at the point of application, they would typically have been granted pre-settled status instead.

2. Family Members Under Appendix EU

Appendix EU also permits applications by certain family members of qualifying EU, EEA or Swiss citizens. These include spouses and civil partners, durable partners (subject to specific evidential requirements), dependent children and grandchildren and dependent parents and grandparents.

In most cases, the family relationship must have existed before 31 December 2020. However, there are important exceptions, including routes for certain spouses and civil partners formed after that date where the Immigration Rules allow. In addition, some “joining family members” may apply after the main deadline, even if they were not resident in the UK by 31 December 2020, provided the relevant relationship and eligibility criteria under Appendix EU are satisfied.

The precise requirements differ depending on whether the applicant is applying as a direct family member, a joining family member or under a retained right of residence following divorce, separation or death. For retained rights cases, specific evidential and timing requirements will apply and careful route analysis is essential.

3. Special and Derivative Rights Categories

Appendix EU also recognises more complex categories, including individuals with retained rights of residence, primary carers of qualifying children and certain derivative rights cases.

These routes have narrowed over time and some derivative categories are now closed or heavily restricted for new claims, but they remain relevant for certain legacy and transitional cases. Where an applicant’s position depends on retained or derivative rights rather than straightforward nationality or family relationship, specialist assessment is usually required to confirm the correct eligibility route and evidential approach.

Section Summary
To meet the settled status requirements, an applicant must fall within a defined category under Appendix EU. This will typically be an EU, EEA or Swiss national resident in the UK before 31 December 2020, or a qualifying family member. However, the rules also extend to joining family members and certain retained or derivative rights cases. Establishing the correct category is the first step in any settled status assessment.

Section B: Continuous Residence Requirement Explained

Meeting the nationality or family relationship requirement is only part of the test. To qualify for settled status, an applicant must also complete a continuous qualifying period of five years’ residence in the UK in accordance with Appendix EU. This is often the most legally complex aspect of the settled status requirements.

The concept of “continuous residence” under the EU Settlement Scheme differs in important respects from other immigration routes. It is governed by specific absence limits and exceptions, and certain events can break or reset the qualifying period.

1. What Is Five Years’ Continuous Residence?

Under Appendix EU, a continuous qualifying period generally means residence in the UK for at least five years, during which absences must not exceed six months in any rolling 12-month period.

The assessment is not based on calendar years. Instead, it operates on a rolling basis. For each 12-month period within the five-year span, the total time spent outside the UK must not exceed six months, unless an exception applies.

The five-year period must be completed before the date of application for settled status. If an applicant had not yet reached five years’ continuous residence at the time of application, they would typically have been granted pre-settled status instead.

Importantly, the residence must have begun before 11pm on 31 December 2020. The five-year period may, however, extend beyond that date.

2. Permitted Absences

Appendix EU provides limited flexibility for certain longer absences.

An applicant may rely on one period of absence of up to 12 months for an important reason, such as serious illness, childbirth, study, vocational training or an overseas posting. In addition, absences may be permitted where the applicant was absent due to compulsory military service, certain periods of service in the UK armed forces, Crown service or employment with specified UK governmental organisations.

Home Office policy also introduced concessions in response to the COVID-19 pandemic. These concessions allowed certain extended absences linked to COVID-related illness, quarantine, travel disruption or public health restrictions to be disregarded, subject to evidential requirements. In limited scenarios, COVID-related factors could mean more flexibility than the standard “one absence of up to 12 months” model, including where an individual was prevented from returning to the UK and can evidence that disruption.

Where an absence exceeds the permitted limits and no exception applies, the continuous qualifying period will normally be broken.

3. What Breaks Continuous Residence?

Certain events will interrupt or reset the continuous qualifying period.

Excessive absences beyond the permitted limits will usually break continuity. Where this occurs, the applicant must begin a new five-year qualifying period from the date of their return to the UK.

A period of imprisonment in the UK will also break continuous residence. Time spent in prison does not merely pause the clock, it interrupts the qualifying period. The individual must complete a fresh continuous qualifying period following release.

Removal, deportation or an exclusion decision may also affect eligibility and will usually engage both the residence and suitability provisions of Appendix EU. Where enforcement action is in scope, wider UKVI compliance considerations may also be relevant depending on the individual’s circumstances.

It is therefore essential to assess carefully the timing and duration of all absences, whether any absences qualify as permitted exceptions, whether any period of imprisonment has occurred and whether the five-year period was fully completed before application. Errors in calculating continuous residence are a common cause of refusal.

Section Summary
To satisfy the settled status requirements, an applicant must complete five years’ continuous residence under Appendix EU. Absences must not exceed six months in any rolling 12-month period, subject to limited exceptions, including one permitted absence of up to 12 months for an important reason and COVID-related concessions. Excessive absences or imprisonment will usually break the qualifying period and require it to restart. A precise analysis of residence history is central to any settled status application.

Section C: Suitability Requirements

In addition to meeting the eligibility and residence criteria, an applicant must satisfy the suitability requirements under Appendix EU. Even where the five-year continuous residence test is met, an application for settled status may be refused if the Home Office considers that the applicant falls within the relevant refusal provisions.

The suitability assessment under the EU Settlement Scheme is distinct from, and in some respects narrower than, the general refusal grounds under Part 9 of the Immigration Rules. It reflects the UK’s obligations under the Withdrawal Agreement and the underlying principles of EU law, particularly in relation to proportionality.

1. Criminal Convictions

Applicants aged 18 or over are required to declare criminal convictions as part of the application process. The Home Office will conduct checks against its internal records and other databases.

A criminal conviction does not automatically result in refusal. Instead, the decision-maker must assess whether the individual’s conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, or whether the case falls within the relevant deportation or exclusion provisions.

For conduct committed before 31 December 2020, the assessment must be consistent with EU law principles, including proportionality. This means that the seriousness of the offence, the time elapsed since the offence, the applicant’s conduct since conviction and their level of integration in the UK are all relevant factors.

For conduct occurring after 31 December 2020, the Home Office may apply the domestic deportation and refusal framework under UK law more directly, although proportionality and the individual’s circumstances remain relevant in practice. Where criminality is in issue, individuals may also need to consider the wider legal framework governing criminal convictions and immigration status, particularly where future applications, enforcement action or status review may follow.

Persistent offending or serious offences are more likely to result in refusal. Minor or isolated offences, including most minor motoring offences, will not normally lead to refusal unless part of a wider pattern of criminal behaviour.

2. Deportation, Exclusion and Removal Decisions

An application will normally be refused where the applicant is subject to a deportation order, a deportation decision, an exclusion order or an exclusion decision.

The existence of such a measure will usually be determinative unless it has been revoked or successfully challenged. Where deportation action is pending, the application may be refused or placed on hold depending on the circumstances. For related principles and procedural risk, the Home Office approach must be understood alongside the wider UK deportation rules.

3. False or Misleading Information

An application may also be refused on suitability grounds where the applicant has provided false or misleading information, failed to disclose material facts including relevant convictions or submitted fraudulent documentation.

The Home Office takes non-disclosure seriously. Attempting to conceal a conviction may carry greater risk than the conviction itself, particularly where the underlying offence would not otherwise have met the refusal threshold. In addition to refusal, providing false information may affect future immigration applications and can engage broader immigration consequences.

4. National Security Considerations

Where an applicant is considered a threat to national security, public policy or public security, settled status may be refused. These cases are rare but are expressly provided for under Appendix EU.

Section Summary
Satisfying the residence requirements alone is not sufficient to secure settled status. Applicants must also meet the suitability requirements under Appendix EU. Criminal convictions are assessed on a proportionality basis, particularly for pre-2021 conduct, and only serious or persistent offending is likely to justify refusal. Deportation or exclusion orders and the provision of false information will normally lead to refusal. A careful review of any criminal history is therefore essential before applying.

Section D: Pre-Settled Status vs Settled Status

Where an applicant did not meet the five-year continuous residence requirement at the time of applying under the EU Settlement Scheme, they were generally granted pre-settled status rather than settled status. Understanding the distinction between these two forms of status is central to analysing the settled status requirements in practice.

Although both forms of status arise under Appendix EU, they confer different levels of security and are subject to different absence rules and long-term implications.

1. What Is Pre-Settled Status?

Pre-settled status (also known as limited leave to remain under Appendix EU) was granted to individuals who began residing in the UK before 11pm on 31 December 2020 but had not yet completed a five-year continuous qualifying period. It allowed the holder to remain in the UK for a period of five years from the date of grant. During that time, they could live, work and study in the UK.

Once the individual completed five years’ continuous residence, they became eligible to qualify for settled status, provided they continued to meet the requirements under Appendix EU. It is important to note that an individual can retain valid pre-settled status but still fail to qualify for settled status if absences or other events break the continuous qualifying period required for the upgrade.

Following litigation and amendments to the Immigration Rules, the Home Office introduced automatic extensions of pre-settled status. In addition, automated checks may convert eligible individuals to settled status where the residence and other requirements are satisfied. However, not all cases are capable of automatic conversion and some individuals may still need to apply proactively, especially where residence evidence is not fully captured by automated records. The process and risk points are considered in detail in our guidance on switching from pre-settled to settled status.

2. Key Legal Differences Between Pre-Settled and Settled Status

Although both statuses permit residence and employment in the UK, there are significant differences.

Length of Leave
Pre-settled status is time-limited. Settled status (indefinite leave to remain under Appendix EU) is granted without time restriction.

Absence Limits
A person with pre-settled status will generally lose that status if they are absent from the UK for a continuous period of more than two years. A person with settled status will generally lose that status after five consecutive years’ absence (four years in the case of Swiss nationals). The settled status absence rule should be understood alongside wider indefinite leave to remain principles, particularly where individuals hold multiple forms of long-term permission or have historic grants outside Appendix EU.

Access to Public Funds
Both statuses allow access to public funds in principle. However, individuals with pre-settled status may be required to demonstrate a qualifying right to reside in order to access certain means-tested benefits. By contrast, holders of settled status are treated more consistently with those holding indefinite leave to remain and are not subject to the same additional residence tests.

Path to British Citizenship
Settled status is normally required before applying for naturalisation as a British citizen, unless the individual already holds indefinite leave to remain under another route. Pre-settled status alone is insufficient. The individual must first obtain settled status and satisfy the relevant residence and good character requirements under nationality law. For practical guidance on the wider route, see British citizenship application requirements.

3. Automatic Extensions and Recent Rule Changes

Following a High Court judgment concerning the rights of pre-settled status holders, the Home Office amended the operation of the scheme. Key developments include automatic extensions of pre-settled status to reduce the risk that individuals become unlawfully present solely because they failed to make a second application, and the introduction of an automated process designed to identify individuals who have completed a five-year continuous qualifying period and convert them to settled status in appropriate cases.

These changes do not remove the legal requirement to meet the settled status criteria under Appendix EU. They alter the administrative mechanism, not the substantive legal test. Individuals remain responsible for ensuring they meet the continuous residence requirement and for taking action where the automated process does not resolve their case.

Section Summary
Pre-settled status is a temporary form of leave granted to those who had not yet completed five years’ continuous residence. Settled status confers indefinite leave and greater long-term security. The two statuses differ in absence limits, benefit access and eligibility for British citizenship. Although automatic extensions and conversion mechanisms now apply in many cases, the legal requirement to complete five years’ continuous residence remains central to meeting the settled status requirements and may still require a proactive application in complex cases.

Section E: Evidence Required for Settled Status

Meeting the settled status requirements under Appendix EU is not purely a matter of legal eligibility. Applicants must also satisfy the Home Office that they meet those requirements through appropriate evidence. Although the EU Settlement Scheme was designed to be streamlined and largely digital, documentary issues remain central in complex cases.

The evidential burden will vary depending on whether the application concerns nationality, residence, family relationship or suitability.

1. Identity and Nationality Evidence

Every applicant must prove their identity and nationality. This is usually done by providing a valid passport, a national identity card (for EU, EEA or Swiss nationals) or a biometric residence card or permit (for non-EEA family members).

Where the document contains a biometric chip, identity verification can typically be completed through the Home Office’s digital application system. In other cases, additional steps may be required to confirm identity. The identity document must normally be valid at the time of application, although there is limited flexibility in certain circumstances.

2. Evidence of Continuous Residence

The EU Settlement Scheme relied heavily on automated checks using National Insurance records and HMRC or DWP data. Where an applicant provided a valid National Insurance number, the Home Office could often confirm residence through tax and benefit records without requiring extensive documentary evidence.

However, automated checks are not always sufficient. This is particularly common where the applicant was not working or claiming benefits for parts of the five-year period, was self-sufficient without accessing public systems, spent time outside the UK or has gaps in recorded employment history.

In such cases, additional documentary evidence may be required to demonstrate residence. Acceptable documents typically include annual bank statements, council tax bills, tenancy agreements, utility bills, official correspondence from public bodies and educational records.

The evidence must normally cover the full five-year continuous qualifying period, show the applicant’s name and be dated. Where a document covers only a single date, it will usually evidence residence for that month only. A structured evidential approach is often required to ensure that no rolling 12-month period exceeds the permitted absence limits.

Where residence analysis is complex or where an applicant is planning a broader long-term settlement route, it can be helpful to understand how continuous residence concepts are applied in other contexts, including our guidance on continuous residence requirement for settlement applications.

3. Proving Family Relationships

Applicants relying on a family relationship must provide evidence of that relationship. This may include marriage or civil partnership certificates, birth certificates, evidence of durable partnership such as joint financial commitments or cohabitation evidence and evidence of dependency in cases involving parents or grandparents.

Where the family member is applying before or separately from the EU sponsor, evidence of the sponsor’s identity and residence may also be required. As a result, it is often sensible to coordinate applications where possible and ensure the evidential chain is complete.

In retained rights cases, additional documentation may be necessary, such as divorce decrees, evidence of the duration of the marriage and evidence of the sponsor’s prior residence in the UK. Where retained rights are in scope, the correct route framing is critical and should be assessed against the relevant requirements, including those discussed in our guidance on retained right of residence.

Family relationship cases are frequently more complex than straightforward nationality-based applications and often require detailed legal analysis under Appendix EU.

4. Applicants With Permanent Residence or ILR

Individuals who had previously obtained a permanent residence document under EU law were still required to apply under the EU Settlement Scheme in order to secure status under Appendix EU. However, possession of a permanent residence document generally meant that the five-year residence requirement had already been satisfied. The evidential focus in such cases was therefore simplified. For context, see our guidance on the permanent residence card framework.

By contrast, individuals who already held indefinite leave to remain or indefinite leave to enter under the Immigration Rules were not required to apply for settled status. They could choose to apply under the EUSS if eligible, but there was no legal obligation to do so.

Section Summary
Applicants must provide evidence of identity, nationality and residence to meet the settled status requirements. While automated checks using National Insurance records simplified many applications, gaps in employment history or complex residence patterns often require additional documentation. Family member applications involve further evidential burdens, particularly in durable partner or retained rights cases. A careful evidential review is essential where residence history is not straightforward.

Section F: Deadline and Late Applications

The EU Settlement Scheme introduced a fixed deadline for most applications. However, the legal position since 30 June 2021 is more nuanced than is often assumed. Understanding the current framework for late applications is essential when assessing whether an individual can still meet the settled status requirements.

1. The 30 June 2021 Deadline

For most EU, EEA and Swiss citizens and their family members who were resident in the UK by 31 December 2020, the deadline to apply under the EU Settlement Scheme was 30 June 2021.

After that date, individuals who had not secured either settled status, pre-settled status or another form of valid leave under the Immigration Rules could, depending on their circumstances, be without lawful immigration status. However, this position must be read alongside the provisions allowing late applications and the protections that apply while such applications are pending, as well as any review or appeal rights that may follow.

Where a person has no status and no pending application, they may be exposed to enforcement risk and wider consequences. For related guidance on the legal consequences of being without permission, see our overview of overstaying in the UK.

2. Late Applications and Reasonable Grounds

Appendix EU permits late applications where the applicant can demonstrate reasonable grounds for missing the original deadline.

Home Office guidance recognises a wide range of potential reasonable grounds, including serious medical conditions, mental health issues, lack of capacity, children whose parents failed to apply on their behalf, victims of abuse or exploitation and lack of awareness of the need to apply in certain circumstances.

The Home Office has historically taken a flexible approach in assessing reasonable grounds, particularly where the delay is not excessive and the individual otherwise meets the eligibility criteria. The longer the delay, however, the more compelling the explanation is likely to need to be. Each case is assessed on its individual facts.

Where the fact pattern involves a late submission, a refusal history or evidential weakness, specialist assessment is often required. See our guidance on late EU Settlement Scheme applications for an overview of the decision-making approach and common risk points.

3. Status While a Late Application Is Pending

Where a valid late application is submitted, the applicant’s position changes materially.

While the application is under consideration, the individual is generally protected from enforcement action and may continue to exercise relevant rights, including the right to work and rent, subject to Home Office confirmation mechanisms. If the application is refused, the applicant may have a right of administrative review or appeal, depending on the circumstances.

It is therefore inaccurate to treat all individuals who missed the 30 June 2021 deadline as automatically and irreversibly unlawfully present. The availability of late applications and the associated protections must be considered in each case.

4. Joining Family Members After the Deadline

In addition to late applications by primary applicants, certain joining family members may apply after 30 June 2021. This may arise where the qualifying relationship existed before 31 December 2020 and the relevant conditions under Appendix EU are satisfied.

The precise requirements differ depending on the category of family member and the timing of entry to the UK. In some scenarios, the analysis overlaps with wider UK family visa concepts, although the legal basis for EUSS family eligibility remains rooted in Appendix EU.

Section Summary
Although 30 June 2021 was the main deadline for EU Settlement Scheme applications, the legal framework continues to permit late applications where reasonable grounds exist. Applicants who submit a valid late application are generally protected while it is pending. In addition, certain joining family members may continue to apply after the deadline. Any assessment of settled status requirements must therefore consider whether a late or derivative application remains available.

Section G: Proving Settled or Pre-Settled Status

Under the EU Settlement Scheme, immigration status is held digitally rather than through a physical document. Understanding how settled or pre-settled status is evidenced is essential for practical compliance, particularly in the context of employment, renting property and accessing services.

1. Digital-Only Immigration Status

Settled status and pre-settled status are forms of leave granted under Appendix EU. They are not evidenced by a physical residence card or biometric document in most cases.

Instead, status is recorded electronically on the Home Office system. Individuals must access their status through the online “View and Prove” service provided by UK Visas and Immigration (UKVI).

To log in, the individual will typically need the identity document used in their application, such as a passport or biometric residence card, and access to the email address or phone number linked to their application. Once logged in, the individual can view the type of status granted, the date of grant and, where applicable, any expiry date in the case of pre-settled status.

2. Share Codes and Third-Party Checks

To prove their immigration status to an employer, landlord or other third party, the individual must generate a share code through the online system. The share code is valid for a limited period, typically 90 days, and allows the recipient to access relevant status information through the Home Office checking service.

The share code confirms whether the individual has settled or pre-settled status and any associated work or residence rights. For practical steps and common issues, see our guide on share code use for settled status.

Employers must use the online right to work checking service when presented with digital status under the EU Settlement Scheme. A manual inspection of documents alone will not establish a statutory excuse where digital status applies. Employer processes should therefore be aligned with the Home Office online system and wider right to work checks requirements.

Similarly, landlords and letting agents must use the prescribed checking mechanism where applicable. For related guidance, see our overview of right to rent checks and the operational impact of digital immigration status.

3. Updating Identity and Contact Details

Because status is held digitally, it is critical that individuals keep their passport or identity document details, email address and telephone number up to date within the Home Office system.

Failure to update identity document details may cause difficulties when attempting to generate a share code or prove status. While a decision letter confirming a grant of status may be retained for personal records, it does not constitute proof of immigration status for right to work or right to rent purposes.

Where technical difficulties arise, the UKVI Resolution Centre can provide assistance, although delays may occur in complex cases. Where a lack of proof escalates into compliance or enforcement exposure, the broader UKVI compliance framework may also be relevant depending on the circumstances.

Section Summary
Settled and pre-settled status are digital forms of leave under Appendix EU. Individuals must use the Home Office online service to view their status and generate a share code for employers, landlords or other organisations. Maintaining accurate identity and contact details within the system is essential to avoid practical compliance issues. Digital proof mechanisms now form a central part of the post-Brexit immigration framework.

Settled Status Requirements FAQs

The following frequently asked questions address common areas of uncertainty relating to the settled status requirements and the operation of the EU Settlement Scheme in 2026.

1. What are the settled status requirements?

To qualify for settled status under Appendix EU to the Immigration Rules, an applicant must be an eligible EU, EEA or Swiss national, or a qualifying family member, have started residing in the UK before 11pm on 31 December 2020, complete a five-year continuous qualifying period of residence and satisfy the suitability requirements, including criminality provisions.

Each element must be met. Failing to satisfy the continuous residence or suitability criteria may result in refusal.

2. Can I apply for settled status after 30 June 2021?

Although 30 June 2021 was the main deadline, late applications may still be accepted where there are reasonable grounds for missing the deadline.

The Home Office considers a range of factors, including medical conditions, vulnerability, lack of awareness and other compelling circumstances. Each case is assessed individually. For additional context on how the Home Office approaches delay and evidence, see late EU Settlement Scheme applications.

3. Do I need to apply for settled status if I have pre-settled status?

Pre-settled status does not automatically grant indefinite leave. An individual must complete five years’ continuous residence to qualify for settled status.

The Home Office now automatically extends pre-settled status and may convert eligible cases to settled status using automated checks. However, where residence history is complex or not fully evidenced by automated systems, a proactive application may still be required. For practical guidance on the upgrade route, see switching from pre-settled to settled status.

4. Can I lose my settled status?

Settled status may lapse if the holder is absent from the UK for a continuous period of more than five years, or four years in the case of Swiss nationals.

It may also be revoked on grounds such as fraud or serious criminality. Where criminality is relevant, specialist advice may be needed and the wider framework around criminal convictions and immigration status may also apply.

5. How long can I leave the UK with pre-settled status?

Pre-settled status will normally lapse after a continuous absence of more than two years. In addition, prolonged absences may prevent the individual from completing the five-year continuous residence requirement needed to qualify for settled status, even if their pre-settled status remains valid.

6. Does a criminal conviction affect settled status?

A criminal conviction does not automatically prevent a grant of settled status. The Home Office assesses whether the individual represents a genuine, present and sufficiently serious threat to the fundamental interests of society, applying proportionality principles particularly for conduct committed before 31 December 2020.

Serious or persistent offending is more likely to lead to refusal. Minor or isolated offences will not normally result in refusal unless part of a wider pattern of conduct. Where criminality may trigger enforcement exposure, the wider framework for UK deportation rules may also be relevant depending on the facts.

7. What documents are required for settled status?

Applicants must provide proof of identity and nationality, evidence of continuous residence where automated checks are insufficient and evidence of family relationship where applying as a family member.

The precise documentary requirements depend on the individual’s circumstances and whether residence history is fully captured through HMRC or DWP records.

Conclusion

The settled status requirements are governed by Appendix EU to the Immigration Rules and remain legally significant in 2026 despite the closure of the main application window. To qualify for settled status, an applicant must establish eligible nationality or family relationship, residence in the UK before 11pm on 31 December 2020, completion of a five-year continuous qualifying period and compliance with the suitability provisions.

The distinction between pre-settled status and settled status continues to have practical consequences, particularly in relation to absence limits, benefit access and long-term security of residence. Although automatic extensions and conversion mechanisms now apply to many pre-settled status holders, the substantive legal test under Appendix EU remains unchanged and individuals remain responsible for ensuring they meet the continuous residence requirement.

Given the technical nature of the continuous residence rules and the complexity of suitability assessments, careful legal analysis is often required in cases involving extended absences, imprisonment, late applications or retained or derivative rights. Where status proof and verification is required for work or housing, processes must align with the Home Office digital system and the wider UKVI compliance framework.

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