Settled Status Requirements: Essential Guide

The EU settlement scheme closed to new applications on 30 June 2021. While last applications may be accepted in limited circumstances, the majority of individuals must by now have secured either full or pre settled status.

To be granted settled status, applicants had to satisfy specific settled status requirements. These varied depending on nationality, length of residence and immigration status within the UK at the time of application.

Following a change in the rules, those with pre settled status no longer have to apply for full settled status. Read our guide here to understand the process for transitioning from pre settled to full settled status.

If you are concerned about your current immigration status in the UK, contact our advisers for guidance on your specific circumstances and the options that may be available to you.

Below is a recap of the rules that applied while the settlement scheme was open to new applications.

 

EU Settled Status Requirements

 

The settled status requirements are detailed in the Immigration Rules, Appendix EU. To apply for settled status, applicants had to:

a. Be a citizen of the EU, the EEA or Switzerland or a family member of such a citizen. EEA countries are those in the EU as well as Norway, Liechtenstein and Iceland;

b. be living in the UK by 31 December 2020; and

c. satisfy the ‘continuous residence’ test.

 

Family members who were applying for settled status also had to be resident in the UK no later than 31 December 2020.

It was also possible to apply as the carer of an EU, EEA or Swiss citizen or a family member of an EU, EEA or Swiss citizen from whom you are now separated or who has died.

 

What is the continuous residence requirement?

 

To satisfy the ‘continuous residence’ test, you must have lived in the UK for a minimum of six months out of any 12-month period for at least five consecutive years prior to the application. The UK for these purposes includes the Isle of Man and the Channel Islands.

There was some flexibility in the continuous residence test if your reason for not meeting the threshold was because you were absent from the UK:

a. for up to 12 months in one period due to illness, work, childbirth, training or study;

b. due to obligatory military service or military service in the UK armed forces; or

c. due to your working for the UK government or certain governmental organisations.

 

Family members could also benefit from this flexibility if their relative was in the UK armed forces or working for the UK government.

If you had spent time in prison in the UK, the continuous residence test applied from your date of release.

 

Evidencing Eligibility under the Settled Status Requirements

 

Applicants were required to provide certain documents to prove to the Home Office that you satisfied the eligibility criteria for settled status. These included:

 

a. An identity document. This could be your national identity card, passport or biometric residence permit. Ideally, this document will include a biometric chip, allowing it to be scanned and negating the need to send the physical document to the Home Office

b. A digital photo, which can be taken as part of the online application process

c. Evidence of how long you had been resident in the UK. Ideally, this would be your National Insurance number as this allows the Home Office to check your details against their records immediately and confirm to you whether you are eligible for settled status or not. If you could not supply a National Insurance number or there were gaps in your record, you would have needed to provide additional evidence to show that you had been living in the UK for the required time.

d. A mobile telephone number

e. Your email address

f. Evidence of your relationship if you were making the settled status application as a family member

 

In certain circumstances, the ‘continuous residence’ test may not have applied, and you would not need to provide documents showing the length of time that you had been a UK resident, for example where you:

 

a. Had already been granted a UK permanent residence card

b. Had been granted indefinite leave to enter or indefinite leave to remain

c. Were not an EU, EEA or Swiss citizen but are applying alongside a family member who is or

d. Were less than 21 years of age and applying alongside a family member who was an EU, EEA or Swiss citizen

 

Supporting Documents

 

If you did not have a National Insurance number or there were gaps in your national insurance record, you would have needed to provide other documents to show that you satisfied the continuous residence test. All documents provided must have stated your name and been dated.

The entire five-year period needed to be evidenced. Suggested documents included annual bank statements, council tax bills and university certificates. If a document only stated one date, rather than a period of time, it would only be valid to evidence your UK residency for that particular month. Examples included monthly electricity bills or a medical appointment card.

The suggested list of documents provided by the Home Office was not, however, mandatory, and other documents not included on the list were accepted. Importantly, the documents provided must have been impartial and official; a letter from a family member or friend, for example, would not have been accepted.

 

Proving family relationships

 

Documents such as a marriage certificate or birth certificate could be provided to prove family relationships. If you were applying for settled status as a family member before your relation had applied, you would also need to show evidence of their identity and residence. As a result, it was advisable to make such applications at the same time and link them together, which could be done during the application process.

 

Suitability Requirements

 

Applicants would have failed to meet the settled status requirements if they did not satisfy the suitability criteria. Anyone with a deportation order, deportation decision, exclusion decision or exclusion order made against them would not satisfy the suitability criteria.

Applicants were also asked various questions concerning criminal convictions during the application process if over 18 years old. While having a criminal conviction would not necessarily mean that a settled status application would be refused, repeated convictions or those for serious crimes would result in refusal. In addition, anyone considered a security threat to the UK would not be granted settled status.

A criminal record would count if you had been convicted at a crown court, magistrates’ court, sheriff court, high court or justice of the peace court but there are exceptions, including civil offences and minor motoring offences.

The Home Office will check your responses against their internal records so do not be tempted to withhold information regarding any conviction. Doing so may prejudice your application more than the actual conviction itself. If you do have a criminal record, your individual application will be considered and your conduct while living in the UK and overseas will be taken into account, including whether you have provided false or misleading information.

If you are under 18 years of age, you will not be required to answer these criminal conviction questions, but if you do have a conviction, you are best to obtain advice before submitting your application.

 

Differences between Settled and Pre Settled Status

 

If you did not satisfy the continuous residence test at the time of making your application, you would have been granted pre-settled status rather then settled status. Although you would have had the same rights and be able to access the same benefits as if you had settled status, you were only be able to stay in the UK for a five-year period following a grant of pre-settled status, as opposed to indefinitely if granted settled status.

 

Deadline EU Settlement Scheme Applications

 

Applications for settled status had to be made by 30 June 2021. After this date, any EU citizens in the UK without settled status, pre-settled status or valid leave to remain under the points-based immigration system will be unlawfully present.

 

Proving Settled Status

 

To prove your immigration status with EU settled or pre-settled status, you must use the UK government’s digital service. Settled status does not come with physical documentation, and all proof is managed online.

You can access the service at https://www.gov.uk/view-prove-immigration-status.

To log in, you will need the details you used when applying for settled status, such as your passport, national ID card, or biometric residence card/permit number, along with the email address or phone number linked to your application.

Once logged in, you can view your immigration status and generate a “share code.” This code can then be provided to your employer, landlord or other organisations that requiring proof of your settled status. The share code, valid for 90 days, allows the recipient to access your status online through an online service, and view details such as your name, date of birth, immigration status (settled or pre-settled), and your rights to work, rent or access healthcare and public services. For those with pre-settled status, the code also shows the date when this status will expire.

If you cannot access the digital service or encounter technical difficulties, you can contact the UK Visas and Immigration (UKVI) Resolution Centre for support. They may assist you in proving your status in exceptional circumstances.

It’s important to keep your contact details and linked identity documents updated in the online portal. Although settled status is entirely digital, keeping a copy of your decision letter (sent to you by email) can be useful for your records, though it is not an official document for proving your status.

 

Need Assistance?

 

If you have a question about settled status requirements or ensuring your continued lawful status in the UK, speak to our specialists.

 

Settled Status Requirements FAQs

 

What is settled status?

Settled status is an immigration status granted under the EU Settlement Scheme, allowing individuals to live, work, and study in the UK indefinitely. It is primarily for EU, EEA, and Swiss citizens who were living in the UK by 31 December 2020.

 

What is the difference between pre-settled status and settled status?

Pre-settled status was granted to applicants who had not yet completed five years of continuous residence in the UK. It allows them to stay and work in the UK and become eligible for full settled status once they meet the five-year requirement.

 

Do I need settled status if I already have indefinite leave to remain (ILR)?

If you have ILR, you do not need to apply for EU settled status.

 

Can I lose my settled status?

You can lose settled status if you leave the UK for a continuous period of more than five years (four years for Swiss citizens). It is also subject to revocation in cases of criminal activity or fraud.

 

Is there a deadline to apply for settled status?

The application deadline was 30 June 2021 for those eligible by the original criteria. However, late applications may still be considered if you have reasonable grounds for missing the deadline. Take advice on your circumstances.

 

What rights do I have with settled status?

With settled status, you have the right to live, work, and study in the UK, access the NHS, claim public funds (if eligible), and travel in and out of the UK without restrictions.

 

Glossary

 

Term	Definition
Settled Status	An immigration status granted under the EU Settlement Scheme, allowing indefinite residence, work, and study in the UK for eligible individuals.
Pre-Settled Status	A temporary immigration status granted to individuals who have not yet completed five years of continuous residence in the UK but allows a path to qualify for full settled status.
Continuous Residence	A requirement for settled status, meaning living in the UK for at least six months in any 12-month period over a five-year span, with limited exceptions.
EU Settlement Scheme	A UK government programme allowing EU, EEA, and Swiss citizens, and their eligible family members, to apply for settled or pre-settled status.
Indefinite Leave to Remain (ILR)	A previous immigration status that allows individuals to live and work in the UK indefinitely, similar to settled status but granted under different rules.
EU, EEA, and Swiss Citizens	Nationals of the European Union (EU), European Economic Area (EEA), and Switzerland eligible for the EU Settlement Scheme if they were living in the UK by 31 December 2020.
Late Application	An application for settled or pre-settled status submitted after the 30 June 2021 deadline, considered valid only if supported by reasonable grounds.
Reasonable Grounds	Acceptable explanations for missing the EU Settlement Scheme application deadline, such as medical conditions, lack of awareness, or extenuating circumstances.
Family Member	Close relatives of EU, EEA, or Swiss citizens, including spouses, civil partners, dependent children, and dependent parents, eligible to apply for settled status.
Public Funds	Benefits or financial support from the UK government, such as Universal Credit, which individuals with settled status may access if eligible.
Revocation	The removal of settled or pre-settled status due to fraud, criminal activity, or exceeding the permitted absence period from the UK.
Identity Verification	A required step in the EU Settlement Scheme application process to confirm an applicant’s identity, usually via a passport, biometric residence card, or app.
Evidence of Residence	Documents proving an applicant’s continuous residence in the UK, such as utility bills, council tax statements, or official letters.

 

 

Additional Resources

 

EU Settlement Scheme Guidance
https://www.gov.uk/settled-status-eu-citizens-families
Official UK government guidance on the EU Settlement Scheme, including how to apply for settled or pre-settled status.

Check Your Immigration Status
https://www.gov.uk/view-prove-immigration-status
A tool to check and prove your settled or pre-settled status to employers, landlords, or other organisations.

Late Applications to the EU Settlement Scheme
https://www.gov.uk/settled-status-eu-citizens-families/late-applications
Advice for those who missed the 30 June 2021 deadline but may still be eligible to apply under specific circumstances.

Rights with Settled or Pre-Settled Status
https://www.gov.uk/settled-status-eu-citizens-families/what-youll-get
Details about the rights granted to individuals with settled or pre-settled status, including work, healthcare, and benefits.