Introduction
Are you looking to transition from pre-settled to settled status in the UK? This simple guide will walk you through the essential steps and timelines to ensure a smooth transition. Understanding your rights and the application process is crucial for your residency in the UK. If you need assistance, Contend’s highly trained AI legal experts are here to help you navigate your legal concerns and provide valuable guidance. With Contend, you can access the easiest legal help in the UK.
If you currently hold pre-settled status under the EU Settlement Scheme, it’s important to know how to transition to settled status. This guide will help you understand the steps you need to take and the important timelines to consider.
What is Pre-Settled Status?
Pre-settled status allows you to live in the UK for up to five years. If you haven’t switched to settled status by the end of this period, your pre-settled status will automatically extend for another two years. You will receive an email from the Home Office confirming this extension, typically up to two months before your pre-settled status is set to expire.
When Should You Apply for Settled Status?
You should apply for settled status as soon as you have lived in the UK for five continuous years. Even though your pre-settled status may be extended, it’s best to switch to settled status as early as possible.
If you have spent time living in the Channel Islands or the Isle of Man, this time counts towards your five years of residence in the UK.
Check Your Eligibility for Settled Status
Your eligibility for settled status depends on how long you’ve lived in the UK and your nationality:
- EU, EEA, or Swiss Citizens: Your five-year period starts from the day you first arrived in the UK, not when you received pre-settled status. You can apply for settled status before your pre-settled status expires.
- Non-EU Citizens: The rules differ based on your relationship to an EU, EEA, or Swiss citizen. If you are a close family member (like a spouse or child), your five years starts from your arrival date or the date you became a close family member, whichever is later. If you are an extended family member, your five years starts from the date you received a family permit or residence card.
What If You Can’t Switch to Settled Status After Five Years?
If you find yourself unable to switch to settled status after five years, you have a couple of options:
- Apply for Settled Status During the Two-Year Extension: You can combine the time from your original pre-settled status and the extension to reach the five-year requirement.
- Apply for Another Five Years of Pre-Settled Status: You can apply for a new pre-settled status before your current one ends, especially if you are eligible as a family member of someone with settled or pre-settled status.
Important Considerations for Time Outside the UK
If you have spent more than six months outside the UK in any 12-month period, it may affect your eligibility for settled status. However, there are exceptions for:
- Important reasons such as pregnancy or study.
- Circumstances related to the COVID-19 pandemic.
- Military service.
For example, if you were unable to return to the UK due to COVID-19, that time may still count towards your five years.
Changes in Family Circumstances
If you received pre-settled status as a family member and your situation changes (like separation or the death of your family member), this could affect your ability to switch to settled status. There are exceptions, particularly if you have children or experienced domestic abuse.
How to Apply for Settled Status
To apply for settled status, you will need:
- A valid identity document (passport or national ID).
- A mobile number and email address.
- Your National Insurance Number.
- Proof of your relationship if applying for family members.
You can apply online and find detailed information about the process on GOV.UK.
What If Your Application is Denied?
If your application for settled status is unsuccessful, you can request an administrative review for a fee. If the review finds that a mistake was made, you will receive a refund.
Conclusion
Transitioning from pre-settled to settled status can seem daunting, but understanding the process can make it much easier. If you have any questions or need more assistance, consider trying Contend’s legal expert chat. Contend’s highly trained AI legal experts will work with you to provide guidance and help you understand and resolve your legal problems.
For more information on the EU Settlement Scheme and how to apply, visit GOV.UK.
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