Section A: What is Settled Status?
Settled status is a form of indefinite leave to remain (ILR) granted under the EU Settlement Scheme (EUSS). It applies to eligible EU, EEA and Swiss citizens and certain family members, who were living in the UK by 11pm on 31 December 2020 and who can show the required period of qualifying continuous residence.
A person granted settled status has permission to live in the UK on an indefinite basis. This includes the right to work, study and rent property and to access healthcare and public funds where they meet the relevant eligibility rules.
Settled status also allows travel in and out of the UK, although entry remains subject to standard border checks and the status can be lost following a prolonged absence from the UK.
Settled status is granted under Appendix EU of the Immigration Rules. It is not a separate immigration category outside the rules, but a route-specific form of indefinite leave created to implement the UK’s citizens’ rights obligations following Brexit.
The main deadline for applying to the EUSS was 30 June 2021. However, the scheme is not closed. Applications can still be made where a person has a later deadline under the rules, or where they can show reasonable grounds for failing to apply by the original deadline. This means that, in practice, new EUSS applications are still being accepted in defined circumstances.
Where an application is successful, the applicant will be granted either settled status or pre-settled status. Applicants do not choose which status they receive. The Home Office grants settled status automatically where the evidence shows at least five years’ qualifying continuous residence. Where the residence requirement is not yet met, pre-settled status is granted instead.
To meet the settled status residence requirement, the applicant needs to show that they were resident in the UK, the Channel Islands or the Isle of Man for five continuous years, with residence normally defined as at least six months in any rolling twelve-month period. The five-year qualifying period runs from the date residence began, not from the date pre-settled status was granted.
Certain longer absences do not break continuous residence. These include:
- a single period of absence of up to twelve months for an important reason, such as serious illness, childbirth, study, vocational training, an overseas work posting or coronavirus-related disruption
- compulsory military service of any length
- time spent overseas as a Crown servant or as the family member of a Crown servant
- time spent overseas in the armed forces or as the family member of someone in the armed forces
- time spent working in the UK marine area
Where these conditions are met, the period abroad does not prevent the applicant from qualifying for settled status.
1. What is Appendix EU?
Appendix EU is the part of the Immigration Rules that governs the EU Settlement Scheme. It sets out who qualifies for settled status and pre-settled status, how residence is assessed and how family members are treated.
Under Appendix EU, settled status is legally recorded as either indefinite leave to remain or indefinite leave to enter, depending on whether the application was made from inside or outside the UK. Pre-settled status is recorded as limited leave under the same framework.
Appendix EU gives effect, through domestic immigration law, to the UK’s obligations under the EU Withdrawal Agreement, the EEA EFTA Separation Agreement and the Swiss Citizens’ Rights Agreement. In practical terms, it is Appendix EU that caseworkers apply when deciding EUSS applications.
Anyone granted status under Appendix EU is permitted to live and work in the UK. Access to benefits, housing assistance and other public services depends on meeting the relevant eligibility criteria for each scheme, rather than on immigration status alone.
2. Who can still apply for Settled Status?
Although the general EUSS deadline has passed, applications can still be made where the rules allow a later deadline or where there are reasonable grounds for a late application.
An EU, EEA or Swiss citizen, or their eligible family member, may still apply if they were living in the UK by 11pm on 31 December 2020 and either fall within a category that has a later deadline under Appendix EU, or can show reasonable grounds for failing to apply by 30 June 2021. Examples of reasonable grounds can include serious illness, domestic abuse, lack of capacity or other circumstances that prevented an earlier application.
Irish citizens do not need to apply under the EUSS. They are protected separately under the Common Travel Area arrangements. Individuals who already hold valid indefinite leave to enter or remain under the Immigration Rules also do not need settled status, although some may choose to regularise their records through other Home Office processes.
Non-European family members can also qualify under the EUSS where they have a relevant family relationship to an EU, EEA or Swiss citizen who was resident in the UK by the end of the transition period. This can include spouses, civil partners, durable partners, dependent children or grandchildren, and dependent parents or grandparents. Certain retained rights cases, primary carers and derivative rights scenarios may also be covered, depending on the facts and timing.
In all cases, non-EEA family members need to evidence their own identity, their relationship to the relevant EU citizen and, where required, their residence in the UK. The precise requirements depend on the family relationship relied upon and the route under Appendix EU.
DavidsonMorris Strategic Insight
Settled status is indefinite leave but it’s not safe by default. It sits within a digital, evidence-driven system that can expose problems with residence history, identity matching and absence pattern, which have the potential to impact your everyday life if you can’t access or rely on the digital system to verify your status.
Late applications are still possible, but you should be prepared to provide substantial evidence to support why the application is valid and, where relevant, why it is being made after the main deadline.
Section B: Your UK Rights under Settled Status
Settled status gives ongoing permission to live in the UK without an end date. It also gives access to work, study and renting in the UK, and it allows travel in and out of the country, subject to standard border checks. Many people also use settled status as the platform for longer-term plans, such as applying for British citizenship, because it is treated as indefinite leave for nationality purposes.
Settled status and pre-settled status both confirm permission under the EU Settlement Scheme, but eligibility for benefits and some public services can still depend on the separate rules of the scheme you are applying to, including the “right to reside” tests that apply to many benefits.
1. What can you do with settled status?
With settled status, you can live in the UK on an indefinite basis. You can take employment, be self-employed, study, rent accommodation and use the NHS for free if you were already eligible to. You can also travel outside the UK and return, although you should keep your UKVI account details up to date because airlines and other carriers increasingly expect digital status to match the travel document you are using.
Access to public funds and benefits is not automatic simply because you hold EUSS status. Many benefits are subject to additional eligibility rules, and for some benefits, pre-settled status holders in particular can face additional “right to reside” hurdles. This is a common point of confusion, especially where a person has permission under the EUSS but is refused a benefit on separate entitlement grounds.
2. How long can you be outside the UK before settled status is lost?
Settled status can be lost if you spend too long outside the UK. In most cases, settled status will lapse after five continuous years outside the UK.
Swiss citizens and their family members can usually spend up to four continuous years outside the UK without losing settled status. This difference is important in practice because it changes what “safe” travel planning looks like for long periods abroad, including overseas work assignments.
Pre-settled status is different. It can be lost after a prolonged continuous absence from the UK, with specific rules applying depending on the timing and length of that absence.
3. Are children born in the UK automatically British if a parent has settled status?
A child born in the UK is usually a British citizen automatically if, at the time of the child’s birth, at least one parent is British or is “settled” in the UK. Settled status counts as being settled for these purposes.
If a parent is granted settled status after the child is born, that does not automatically make the child British at birth. In that scenario, the child may be eligible to register as a British citizen, but registration is a separate application with its own rules and evidence requirements.
4. Does settled status lead to British citizenship?
Settled status can support an application for British citizenship because it is treated as indefinite leave. To apply for a British passport, you first need British citizenship.
For most applicants, citizenship through naturalisation is only available once you meet the relevant residence requirements and you have held settled status for the required qualifying period. In many cases, this means waiting at least twelve months after being granted settled status before applying, unless you are applying on the basis of marriage to a British citizen, where the twelve-month holding period does not apply.
The practical point is that citizenship planning should start early. Absences, timing of travel and evidence of residence can all affect whether you meet the nationality residence tests, even when settled status itself is already secure.
| Topic | Settled status | Pre-settled status |
|---|---|---|
| What it is | Indefinite leave under the EU Settlement Scheme, giving permission to live in the UK without an end date. | Limited leave under the EU Settlement Scheme for people who have started living in the UK but have not yet built up the residence needed for settled status. |
| How long it lasts | No end date, but it can lapse if you spend too long outside the UK. | Time-limited permission recorded digitally. It is generally extended automatically shortly before expiry under current Home Office practice. |
| Absence limit before status can be lost | Usually lost after 5 continuous years outside the UK. Swiss citizens and their family members can usually spend up to 4 continuous years outside the UK without losing settled status. | Can be lost after 2 continuous years outside the UK. |
| Follow-up right to work checks | Not required where a compliant online right to work check is completed before employment starts, because the permission is ongoing. | Not usually required where a compliant online right to work check is completed before employment starts, even though the permission is time-limited. |
| Supports citizenship planning | Yes. It is treated as indefinite leave for nationality purposes, but citizenship has separate residence and eligibility requirements. | Not on its own. You normally need settled status, plus the relevant residence period, to be eligible to apply for citizenship. |
| Typical risk points | Lapsing after a long period abroad, difficulty proving status if UKVI account access is lost, mismatched passport details when travelling, citizenship timing issues if absences are high. | Long absences breaking eligibility for settled status, confusion about whether an upgrade is automatic, evidence gaps for residence, risk of status loss following prolonged continuous absence, depending on timing and length of time abroad, account access problems close to expiry dates. |
DavidsonMorris Strategic Insight
Settled status affords you many rights, but those rights are often misunderstood. For example, access to benefits is not automatic and the absence rules can affect long-term plans, especially for people working abroad or caring for family overseas.
It helps to think of settled status as your current immigration permission, rather than a guarantee of later outcomes. If retaining your status and progressing to citizenship is your ambition, you should plan your absences and work mobility so your residence position is in order when you come to apply.
Section C: How do you prove EU settled status?
Settled status is granted digitally under the EU Settlement Scheme and there is no physical document that confirms it. This means that your ability to work, rent property, travel or access services depends on being able to access your online UKVI record and share it correctly with third parties.
In practice, many problems arise not because a person does not hold settled status, but because they cannot access or demonstrate it at the point it is needed.
1. How settled status is held and accessed
Settled status is recorded in a UKVI online account linked to the identity document used in the original EUSS application, usually a passport, national identity card or biometric residence card. To view your status, you need the details of that document, your date of birth and access to the email address or mobile number registered to the account.
Once logged in, the online service confirms whether you hold settled or pre-settled status and shows the conditions attached to that permission. This digital record is the only official evidence of EUSS status and is what employers, landlords and other organisations are instructed to rely on.
If your passport or national identity card has changed since your application, or if you no longer have access to the phone number or email address originally used, you need to update your UKVI account. Failing to do this can prevent access even where your status itself remains valid.
2. Using a share code to prove your rights
To prove settled status to a third party, you generate a time-limited share code through the online service. The share code allows an employer, landlord or other authorised checker to view your status directly on the Home Office system.
The person carrying out the check enters the share code together with your date of birth. They are then shown confirmation of your immigration permission and whether you have an ongoing right to work or rent. The share code does not give open access to your account and expires automatically.
This process is mandatory for right to work and right to rent checks. Employers and landlords are not allowed to accept screenshots, emails or informal confirmations of settled status in place of an online check.
3. Common problems when proving settled status
Difficulties most often arise where account details are out of date or do not match the document being presented. This includes situations where a passport has been renewed, a name has changed, a phone number is no longer in use or duplicate UKVI accounts have been created in error.
Another frequent issue is timing. Problems often surface at critical points, such as just before starting a new job, signing a tenancy or travelling to the UK. At that stage, delays in regaining access can have immediate real-world consequences even though the underlying immigration status remains secure.
Because settled status is entirely digital, it is sensible to check access to your account well before you need to rely on it, and to update identity details promptly whenever a passport or contact detail changes.
4. Proving status for travel
Airlines and other carriers increasingly rely on digital immigration status when boarding passengers for the UK. If the identity document used for travel does not match the one linked to your UKVI account, boarding can be delayed or refused.
Settled status does not remove the need to carry a valid passport or travel document, and it does not guarantee entry without checks. Border officers will still assess whether your status remains valid, including whether it may have lapsed due to extended absences from the UK.
DavidsonMorris Strategic Insight
Most settled status problems are down to proof issues rather than the underlying status itself. Because it’s a digital-only status, you can’t rely on physical documents as a back-up; the Home Office online service is the only acceptable way to prove status for right to work and right to rent checks.
If you rely on settled status, check your UKVI account on a routine basis. Don’t wait until you have a pressing need or deadline, like a job start date, tenancy signing or travel date, to find out you cannot access your record or generate a share code.
Section D: How do you check EU settled status?
Employers, landlords and letting agents are expected to carry out a formal check using the relevant online service. Since settled status is digital, the online result is what creates protection for the organisation carrying out the check.
1. Checking settled status for right to work
Right to work checks apply across the UK. Most EU, EEA and Swiss citizens with settled or pre-settled status prove their right to work using the Home Office online checking service, using a share code generated from their UKVI account.
Once the employer enters the share code and the person’s date of birth, the service shows the person’s right to work and any restrictions. The employer should then keep evidence of the check in line with the Home Office guidance so the business can rely on a statutory excuse if a civil penalty issue arises later.
Employers are no longer expected to carry out repeat right to work checks for people who hold pre-settled status. A properly completed check before employment starts is the relevant compliance step for both settled and pre-settled status holders.
2. Checking settled status for right to rent
Right to rent checks apply in England only. Landlords and agents can use the Home Office online service to check a tenant’s right to rent using a share code.
The online result confirms whether the tenant has an unlimited or time-limited right to rent. Where the online result is time-limited, the Home Office position is that a follow-up check should be carried out before the time-limited statutory excuse expires.
If the tenant cannot use the online service, the right to rent pages on GOV.UK set out alternative routes, including using original immigration documents or using the Landlord Checking Service where relevant.
3. What evidence should be retained after an online check?
For both work and rent checks, it is not enough to simply view the outcome on screen and move on. The organisation should keep clear evidence that the check was done, including the date it was carried out and a copy of the output from the online service, so the record can be produced later if challenged. The Home Office describes this as part of establishing and keeping the statutory excuse for the checker.
4. What if the person cannot generate a share code?
A frequent real-world problem is that the individual cannot access their UKVI account at the point the check is needed, often because they have changed passport, changed contact details or lost access to the email address or phone number used when they set up the account. GOV.UK guidance on eVisas explains that a person may need to update their UKVI account before getting a share code, and it also signposts that different services exist to prove right to work or right to rent if the person cannot access their eVisa.
From a risk perspective, employers and landlords should treat “I have settled status but I cannot log in” as an operational problem that can delay onboarding or tenancy start dates, rather than as evidence that the person does not hold permission. The correct response is to use the relevant Home Office route for the check, while the person resolves account access in parallel.
DavidsonMorris Strategic Insight
Right to work and right to rent checks are highly prescriptive and don’t give employers and landlords any discretion to deviate from the required process. If the online check can’t be completed, the employer or landlord will usually be unable to proceed with the job start or tenancy until the correct Home Office check result is obtained.
Section E: What is pre-settled status?
Pre-settled status is a grant of limited immigration permission under the EU Settlement Scheme for eligible EU, EEA and Swiss citizens and qualifying family members who started living in the UK by 11pm on 31 December 2020 but who had not yet built up the residence needed for settled status at the time they applied. It is recorded digitally in a UKVI account, and it supports practical day to day rights such as working, studying and renting.
Pre-settled status is not the same as settled status. Upgrading depends on meeting the residence rules, not simply waiting for a grant period to pass. This distinction sits behind many of the problems people run into, especially where long periods abroad, gaps in evidence or account access issues only surface when a job, tenancy or travel plan is on the line.
1. Does pre-settled status expire?
Pre-settled status is no longer treated as ending just because a person did not make a second EU Settlement Scheme application before the end date shown on their digital record. The Home Office position is that permission does not end for that reason alone, although it can still be cancelled or curtailed where a person does not meet the relevant conditions.
Pre-settled status is generally extended automatically shortly before the recorded expiry date. Current Home Office guidance describes this as a five-year extension, and it is added to the individual’s digital status without a separate extension application.
A separate risk remains around absence from the UK. Pre-settled status can be lost following a prolonged continuous absence, with different rules applying depending on when the absence occurred. In particular, earlier absences of more than two continuous years before 21 May 2024 may have resulted in loss of status, while current Home Office guidance refers to longer absence thresholds applying going forward.
2. Do you need to apply for settled status if you have pre-settled status?
Many people with pre-settled status still choose to apply for settled status as soon as they qualify. Settled status gives indefinite permission and it reduces the practical uncertainty that can arise when a third party check, travel issue or account mismatch happens close to an expiry date.
The Home Office has also introduced automation intended to grant settled status to eligible pre-settled status holders without the person submitting an application. The published approach is that the Home Office carries out checks against government data where possible and may grant settled status automatically where the residence requirement is verified. Where it cannot grant settled status automatically, the Home Office indicates it will contact the individual.
Automation is helpful but it is not a blanket guarantee. Not every case can be resolved through automated checks, especially where data gaps exist or residence is harder to verify from the records available.
3. When can you convert pre-settled status to settled status?
To qualify for settled status, you need five years’ continuous residence. The five-year period runs from the date residence began, not from the date pre-settled status was granted. This is why some people qualify sooner than expected, while others find that absences, evidence gaps or long periods overseas delay eligibility.
The Home Office absence rules can be met based on a pattern test, where the person has not been outside the UK, the Channel Islands or the Isle of Man for more than 6 months in any 12-month period within a 5-year period, subject to recognised exceptions. Home Office guidance also now refers to an alternative eligibility basis for some pre-settled status holders, where a person may qualify for settled status if they have been resident in the UK for at least 30 months in the most recent 60-month period. Whether this applies depends on the individual’s residence history and how it can be evidenced.
The recognised exceptions to the six months in twelve months approach include a single period of up to twelve months overseas for an important reason, and other protected categories under the scheme. These exceptions can mean continuous residence is not broken even where an absence is longer than six months.
4. What did the IMA case change in practical terms?
The litigation brought by the Independent Monitoring Authority focused on whether a person with pre-settled status could lose their rights purely because they did not make a second EU Settlement Scheme application. The High Court found that approach was unlawful under the citizens’ rights agreements, and the Home Office response has been to ensure pre-settled status is not treated as ending for that reason alone.
The practical outcome is that pre-settled status holders are generally receiving automatic extensions, and the Home Office has introduced an automation approach intended to move eligible people to settled status where residence can be verified through available records.
None of this removes the need to understand the residence and absence rules. Pre-settled status can still be lost after long periods outside the UK, and account access problems can still create serious real-world disruption even when immigration permission remains valid.
| Absence type | Effect on eligibility |
|---|---|
| Absence of up to 6 months in any 12-month period | Normally does not break continuous residence for settled status, provided the five-year qualifying period is otherwise met. |
| One absence of up to 12 months for an important reason | Can be permitted without breaking continuous residence if it falls within the recognised categories, such as serious illness, childbirth, study, vocational training, an overseas work posting or coronavirus-related disruption. |
| Absences above the allowed limits outside the recognised exceptions | Can break continuous residence and delay or prevent eligibility for settled status, depending on the pattern and timing of absences. |
| Compulsory military service | Does not break continuous residence, regardless of length. |
| Crown service overseas, or accompanying a Crown servant | Does not break continuous residence where the Crown service provisions apply. |
| Overseas service in the armed forces, or accompanying a member of the armed forces | Does not break continuous residence where the relevant armed forces provisions apply. |
| Working in the UK marine area | Time spent working in the UK marine area can be treated as residence for continuous residence purposes. |
| Long absence after settled status is granted | Settled status can be lost after a prolonged continuous absence from the UK, usually after 5 years. Swiss citizens and their family members can usually be absent for up to 4 continuous years before settled status is lost. |
| Long absence after pre-settled status is granted | Pre-settled status can be lost after 2 continuous years outside the UK, even if the person otherwise remains eligible under the scheme. |
DavidsonMorris Strategic Insight
Pre-settled status is arguably the highest-risk part of the EU Settlement Scheme. Automatic extensions and automation have reduced the risk of cliff edges and inadvertent loss of status, but they’ve also created false reassurance. Not everyone will be upgraded automatically, and automation depends on having the data in the Home Office system, which many people just don’t have.
Also, pre-settled status can still lapse after two continuous years outside the UK, even if someone assumes they’re protected.
If you have pre-settled status, manage it proactively. Don’t rely on assumptions or your status and future in the UK could be at risk.
Section F: EUSS Family Permits
An EU Settlement Scheme family permit is an entry clearance under Appendix EU (Family Permit) that helps eligible family members travel to the UK to accompany, or join, a relevant EU, EEA or Swiss citizen. It exists because settled status and pre-settled status are digital, and without the right entry clearance, a person can face practical barriers at the airline stage or at the border when trying to travel to the UK to join their family.
The family permit is time limited. It allows travel to the UK for up to six months. During that period, the holder can work and study, and can enter and leave the UK multiple times until the permit expires. Once in the UK, the holder can apply to the EU Settlement Scheme to stay longer if they qualify.
1. Who can apply for an EUSS family permit?
The family permit is primarily for close family members of an EU, EEA or Swiss citizen who was living in the UK by 11pm on 31 December 2020 and who continues to live in the UK. Eligibility depends on the relationship category and the relevant cut off dates.
A close family member normally includes a spouse, civil partner or durable partner, and dependent children or grandchildren, and dependent parents or grandparents. It can also include the child, grandchild, parent or grandparent of the sponsor’s spouse or civil partner where dependency requirements apply. The application needs to be supported by evidence of identity and evidence that the relationship falls within the rules.
There are also scenarios where an individual can apply even if the EU, EEA or Swiss family member has not made an EUSS application, provided the sponsor meets the eligibility conditions for the scheme and was resident in the UK by the end of the transition period.
2. Relationship timing & “joining family members”
A common point of confusion is the relationship timing. In many cases, the Home Office expects the family relationship to have existed before 31 December 2020, although there are specific provisions for certain categories, including children and some joining family member scenarios.
Where a child is born or adopted after 31 December 2020, they may still qualify as a joining family member depending on the parent’s status and the child’s circumstances. This is one of the areas where the facts drive the outcome, and the evidence usually needs to show the family link clearly and consistently.
3. What happens after the family permit is granted?
After arriving in the UK on an EUSS family permit, the next step is usually an application to the EU Settlement Scheme from inside the UK. Once in the UK, the family permit holder can apply to the EU Settlement Scheme if they’re eligible.
The practical point is that the family permit is a bridge into the EUSS, not the long-term status itself. If someone arrives and does not take the follow-on step within the expected timeframe, that can create avoidable risk later, especially when trying to prove right to work, rent or access services.
4. Surinder Singh & Zambrano changes
The EUSS family permit route closed to new applications for certain categories involving family members of qualifying British citizens, including the route that covered British citizens returning to the UK after living in the EU with their family member, and the route for certain primary carers of British citizens. These applications are now expected to be made under the relevant UK family Immigration Rules instead, where eligible.
This does not mean the EUSS family permit route has closed in general. It remains available for eligible family members of EU, EEA and Swiss citizens who fall within Appendix EU (Family Permit) and meet the relevant conditions.
DavidsonMorris Strategic Insight
Family permits aren’t a shortcut or back door, and timing will be everything. Relationship dates, dependency evidence and sponsor status are scrutinised closely.
The closure of the Surinder Singh and Zambrano routes has pushed many families into the more restrictive family Immigration Rules without them realising it, while the EUSS family permit route remains strict and evidence-driven. The family permit is also only a bridge. A follow-on EUSS in-country application is usually needed once the person is in the UK, and delaying that step can put lawful residence status at risk.
Section G: Applying for Settled Status
Applying for settled status under the EU Settlement Scheme is a free process, but it is evidence-driven and technically rigid. Most refusals and delays do not arise because a person was never eligible, but because residence is not evidenced in a way the Home Office systems can verify or because an application is made at the wrong point in time.
1. How settled status applications work
Settled status applications are made online under Appendix EU. The Home Office first checks identity, then assesses residence. For many applicants, residence can be confirmed automatically using HMRC and DWP records. Where those records are incomplete, the applicant is expected to upload alternative evidence, such as payslips, bank statements, tenancy records or official correspondence.
Applicants do not choose whether they are granted settled or pre-settled status. The Home Office grants settled status automatically where the evidence shows five years of qualifying continuous residence. Where the evidence does not meet that threshold, pre-settled status is granted instead.
A common mistake is assuming that time spent in the UK automatically counts as qualifying residence. Periods of absence, self-employment without clear records, informal work or time spent relying on another person can all complicate the evidence picture.
2. Applying after holding pre-settled status
Where a person already holds pre-settled status, an application for settled status can be made as soon as the five-year residence requirement is met. This does not depend on the expiry date shown on the digital record.
Although the Home Office has introduced automation to grant settled status to some pre-settled status holders without an application, many people still choose to apply proactively. This is often the safer option where residence evidence is strong, because it avoids uncertainty about whether automation will work and when it will be applied.
Applications made too early are refused, and applications made with gaps or weak evidence can be delayed or refused. Timing and evidence alignment matter more than the headline length of stay.
3. What if you missed the original EUSS deadline?
Missing the 30 June 2021 deadline does not automatically prevent an application. Late applications are still accepted where the applicant can show reasonable grounds for failing to apply earlier, or where a later deadline applies under the rules.
The Home Office assesses reasonable grounds on a case by case basis. The explanation needs to be supported by evidence and linked clearly to why the person did not apply before the deadline. Generic explanations without supporting documents often lead to refusal.
4. Settled status and older forms of indefinite leave
Some EU citizens already held indefinite leave to enter or remain under the Immigration Rules before the EU Settlement Scheme existed. These individuals are already settled for immigration purposes and do not need settled status under the EUSS.
Where the only proof of indefinite leave is an old passport vignette or legacy document, some people choose to regularise their records through a No Time Limit application. This does not grant new immigration permission. It confirms existing indefinite leave in digital form.
5. No Time Limit applications and digital status
A No Time Limit application is an administrative process for people who already hold indefinite leave to enter or remain but do not have modern digital proof of that status. Successful applicants are now issued with an electronic immigration status linked to a UKVI account, rather than a physical biometric residence permit.
A No Time Limit application is optional. It does not change a person’s immigration rights, but it can make it easier to prove status for work, rent and travel, particularly where old documents have been lost, expired or no longer accepted by third parties.
A person who holds settled status under the EU Settlement Scheme does not need to make a No Time Limit application, because their status is already recorded digitally. Equally, pre-settled status holders cannot use the No Time Limit route to upgrade their status. The route is only for confirming existing indefinite leave granted under the Immigration Rules.
DavidsonMorris Strategic Insight
Settled status applications usually turn on two things: timing and evidence. Apply too early and you’re likely to be refused. Apply late, and you’ll usually need strong evidence to show why the application should still be accepted.
In terms of evidence, if automated checks don’t verify your residence, the burden shifts to you as the applicant to evidence your qualifying residence in a way the Home Office can accept.
Section H: Common Settled Status Issues
Most settled status issues do not arise because the rules are unclear, but because people assume the system will work automatically in the background. In reality, settled status is highly dependent on digital access, accurate records and timely action. This section addresses the situations where people who already hold status still run into serious practical problems.
1. Losing access to your UKVI account
One of the most common problems is losing access to the UKVI account that holds the settled or pre-settled status record. This often happens after a passport renewal, a change of phone number or email address, or where multiple accounts have been created unintentionally.
When access is lost, the issue is not the immigration permission itself, but the inability to prove it. This can delay job starts, block tenancy agreements and cause problems at the airport. Resolving access issues can take time, particularly where identity details no longer align cleanly with the original application.
2. Assuming automation removes all responsibility
The introduction of automatic extensions and automation for pre-settled status holders has reduced some risks, but it has also created false reassurance. Automation does not apply in every case, and it relies on government records being complete and consistent.
People who assume they will be upgraded automatically can find themselves years later still holding pre-settled status, with unresolved residence questions that now need to be explained retrospectively. Applying proactively when eligible often avoids this uncertainty.
3. Misunderstanding absence rules
Absence rules are frequently misunderstood. People often mix up the five-year absence rule for settled status with the absence rules that apply to pre-settled status, which differ depending on timing and length of absence.
Extended time abroad for work, family or personal reasons can quietly undermine eligibility or even lead to status lapsing, only becoming apparent when the person tries to return to the UK or rely on their status for work or housing.
4. Assuming settled status is the same as British citizenship
Settled status gives indefinite permission, but it does not make someone British. Citizenship applications have their own residence tests, good character requirements and evidence standards.
People sometimes travel extensively or make life decisions on the assumption that settled status alone protects future citizenship eligibility. In practice, poor planning around absences or timing can delay or prevent naturalisation even where settled status itself remains secure.
5. Leaving issues too late
Many problems only surface at pressure points, such as a new job, a house move or an urgent trip abroad. At that stage, even a straightforward issue, such as updating a passport number on a UKVI account, can become disruptive if time is tight.
Checking status access regularly, keeping identity details updated and understanding how absence rules apply to your circumstances are simple steps that prevent most last minute crises.
Section I: Summary
Settled status under the EU Settlement Scheme gives indefinite permission to live in the UK, but the reality is more operational than many people expect. Status is held digitally, so what matters is not only eligibility and residence history, but whether you can access your UKVI account, keep your identity details aligned and generate share codes when a third party check is needed. People with valid status still get blocked at the worst moments, a job start, a tenancy signing, an airport check, because their passport has changed, their contact details are out of date or the account cannot be accessed quickly.
For pre-settled status holders, automatic extensions and automation have reduced the cliff edge risk, but they have not removed the need to understand the residence rules. Upgrading to settled status still turns on qualifying continuous residence and long periods abroad can derail eligibility or lead to status lapsing. Swiss citizens also face different absence limits, which can affect long term travel plans.
The safest approach is practical. Check your digital record before you need it, update your passport and contact details promptly, and plan residence and travel with the settled status and citizenship rules in mind. When something does not match, treat it as a priority fix, not an admin task for later.
Section J: Need Assistance?
If you are relying on settled or pre-settled status for work, housing, travel or a citizenship plan, it is worth getting the position checked before a deadline forces your hand. Advice is particularly helpful where you have long absences, gaps in residence evidence, a late application issue or problems accessing your UKVI account and generating a share code.
For tailored guidance on your options and the quickest route to a clean proof of status outcome, book a fixed-fee telephone consultation with our immigration advisers.
Section K: Settled Status FAQs
Is settled status the same as indefinite leave to remain?
Yes. Settled status is a form of indefinite leave granted under Appendix EU of the Immigration Rules. It carries the same legal effect as indefinite leave to remain, but it is held digitally and sits within the EU Settlement Scheme framework.
Does settled status ever expire?
Settled status does not have an end date, but it can lapse after a long absence from the UK. In most cases, it is lost after five continuous years outside the UK. Swiss citizens and their family members can usually spend up to four continuous years abroad without losing settled status.
Can I lose settled status if I do not use it?
You do not lose settled status simply by not working or claiming benefits. The main risk is absence from the UK for too long, or cancellation where the status was granted in error or obtained fraudulently.
Do I need a physical document to prove settled status?
Settled status is digital only. Proof is provided through your UKVI online account using a share code. Employers, landlords and other organisations are required to rely on the online check rather than physical documents.
What if I cannot access my UKVI account?
This does not mean you have lost your status, but it can prevent you from proving it. Access issues often arise after passport changes or loss of contact details. These should be resolved as early as possible, particularly before starting a new job, renting a property or travelling.
Do I have to apply for settled status if I have pre-settled status?
You can apply for settled status once you meet the residence requirement, and many people do so proactively. The Home Office may also grant settled status automatically in some cases, but this is not guaranteed and depends on residence evidence.
Can I apply for British citizenship with settled status?
Settled status can support a British citizenship application because it is indefinite leave. Citizenship has separate residence and good character requirements, and most applicants need to hold settled status for at least twelve months before applying, unless married to a British citizen.
My child was born in the UK. Are they automatically British?
A child is usually British at birth if at least one parent was British or held settled status at the time of birth. If settled status was granted after the birth, the child may still be eligible to register as a British citizen, but this is a separate process.
Can employers or landlords accept screenshots of settled status?
Screenshots, emails or informal confirmations are not acceptable. Employers and landlords are required to carry out an online check using a share code to obtain legal protection.
Is the EU Settlement Scheme closed?
The main deadline has passed, but the scheme is not closed. Late applications can still be made where a later deadline applies or where there are reasonable grounds for not applying earlier.
Section L: Glossary
| Appendix EU | The part of the Immigration Rules that sets out the EU Settlement Scheme, including who qualifies for settled status and pre-settled status and how the Home Office assesses residence and family relationships. |
| Continuous residence | The qualifying residence pattern needed to obtain settled status, normally assessed over a five-year period with limits on absences, subject to specific permitted exceptions. |
| EU Settlement Scheme (EUSS) | The Home Office scheme under which eligible EU, EEA and Swiss citizens and qualifying family members can obtain immigration permission to live in the UK following Brexit. |
| EUSS family permit | An entry clearance under Appendix EU (Family Permit) that allows eligible family members to travel to the UK to join or accompany a relevant EU, EEA or Swiss citizen and then apply under the EU Settlement Scheme from within the UK. |
| Indefinite leave to remain (ILR) | Immigration permission to stay in the UK without an end date. Settled status is a form of indefinite leave granted under the EU Settlement Scheme. |
| Late EUSS application | An EU Settlement Scheme application made after the main 30 June 2021 deadline, which can still be accepted where a person has a later deadline under the rules or can show reasonable grounds for applying late. |
| No Time Limit (NTL) | A Home Office administrative application that confirms existing indefinite leave to enter or remain in a modern digital record. It does not grant new immigration permission. |
| Pre-settled status | Limited immigration permission under the EU Settlement Scheme for eligible people who started living in the UK by 31 December 2020 but did not yet have five years’ qualifying residence when they applied. |
| Reasonable grounds | A Home Office test used to decide whether a late EU Settlement Scheme application should be accepted, based on the individual’s reasons and supporting evidence for missing the deadline. |
| Share code | A time-limited code generated through a UKVI online account that allows an employer, landlord or other authorised organisation to view a person’s digital immigration status through the Home Office online check service. |
| UKVI account | The online account used to access and prove digital immigration status, including settled status and pre-settled status, and to generate share codes for third party checks. |
Section M: Additional Resources & Links
| Resource | What it is used for | Link |
|---|---|---|
| View and prove your immigration status | Access your digital status record and generate a share code to prove your rights. | https://www.gov.uk/view-prove-immigration-status |
| EU Settlement Scheme overview | Official guide to eligibility, deadlines, applications and status outcomes under the EUSS. | https://www.gov.uk/settled-status-eu-citizens-families |
| Apply to the EU Settlement Scheme | Online application route for the EUSS, including late applications where accepted. | https://www.gov.uk/settled-status-eu-citizens-families/applying |
| EUSS family permit | Eligibility and application route for family members travelling to the UK to join or accompany an EU, EEA or Swiss sponsor. | https://www.gov.uk/family-permit/eu-settlement-scheme-family-permit |
| Prove your right to work | Home Office online right to work checking service used by employers with a share code. | https://www.gov.uk/prove-right-to-work |
| Prove your right to rent in England | Online guidance for tenants, landlords and agents on how right to rent checks work. | https://www.gov.uk/check-tenant-right-to-rent-documents |
| Right to work checks guidance for employers | Official employer guidance on conducting compliant checks and keeping records. | https://www.gov.uk/government/publications/right-to-work-checks-employers-guide |
| eVisas and UKVI account guidance | Guidance on accessing digital status, keeping passport details updated and resolving common access issues. | https://www.gov.uk/guidance/online-immigration-status-evisa |
| British citizenship and naturalisation | Overview of routes and requirements for applying to naturalise as a British citizen. | https://www.gov.uk/british-citizenship |
