EU Settlement Scheme Pre-Settled Status

Overview

Pre-Settled Status under the EU Settlement Scheme (EUSS) is part of the EU Settlement Scheme, which allows eligible EU, EEA, and Swiss citizens and their family members to continue living in the UK following Brexit. It is generally granted to people who have not yet completed the required five years of continuous residence for settled status.

Key Features:

Eligibility:

• EU, EEA, and Swiss citizens who were living in the UK by 31 December 2020, subject to the EUSS eligibility requirements.
• Eligible family members of these citizens, including certain family members who are not EU, EEA or Swiss citizens.
• People who have not yet completed the required period of continuous residence for settled status.

Rights Granted:

• The right to live, work and study in the UK.
• Access to NHS healthcare, education, benefits and pensions where the relevant eligibility requirements are met.
• The right to travel in and out of the UK, subject to the applicable immigration rules.

Duration:

• Pre-settled status is generally granted for 5 years.
• Holders can apply for settled status once they meet the relevant continuous residence requirements.
• Pre-settled status may also be automatically extended in certain circumstances where the holder has not yet obtained settled status.

Continuous Residence:

• The rules for continuous residence depend on the circumstances and the relevant EUSS requirements.
• Generally, an individual seeking settled status must have completed the required period of continuous residence in the UK.
• Certain permitted absences may not break continuous residence, including some absences for important reasons.

Latest Updates from the Home Office (2026):

Automatic Extension of Pre-Settled Status:

• The Home Office has introduced measures to automatically extend pre-settled status for eligible holders who have not yet obtained settled status.
• This is intended to help prevent people from losing their immigration status simply because they have not applied for settled status before their existing pre-settled status expires.
• The Home Office may also automatically convert eligible pre-settled status holders to settled status where government records show that they meet the requirements.

Application Reminders:

• The Home Office may contact pre-settled status holders when they are approaching the point at which they may qualify for settled status.
• However, individuals should not rely solely on reminders and should check whether they are eligible to apply for settled status.

Flexibility for Absences:

• The EUSS provides specific exceptions to the usual absence rules, including certain circumstances involving important reasons.
• COVID-19-related absences may qualify for an exception in certain circumstances, but applicants must meet the relevant requirements and provide an explanation or evidence where required.

Digital Immigration Status:

• EUSS status is recorded digitally. Holders can use their online UKVI account to view their immigration status and prove their rights in the UK.

Important Consideration:

Pre-settled status does not itself provide indefinite residence in the UK. If you qualify for settled status, you should apply for it as soon as you are eligible or ensure that your status is properly maintained under the applicable EUSS arrangements.