European Settled Status
The EU Settlement Scheme—often referred to as European Settled Status or European Temporary Leave to Remain—was introduced by the UK government to safeguard the rights of EU citizens and their families following the UK’s departure from the European Union.
This scheme allows individuals to continue:
Living and working in the UK
Using the NHS
Accessing public services such as schools and higher education
Receiving eligible benefits and pensions
Travelling in and out of the UK
It is important to note that this scheme does not apply to those who already hold Indefinite Leave to Remain (ILR).
Settled and Pre-Settled Status
Your eligibility for settled or pre-settled status depends on how long you have been living in the UK:
Settled Status: Granted if you have lived in the UK continuously for at least five years before 31 December 2020.
Pre-Settled Status: Offered to those who began living in the UK by 31 December 2020 but have not yet reached five years of continuous residence.
Applicants are not required to specify which status they are applying for; the Home Office will determine this based on your period of residence.
Applying to the Scheme
Applications to the EU Settlement Scheme are submitted online through the UK government’s official website. There is no fee to apply.
Key Requirements:
You must have been living in the UK by 31 December 2020
For settled status, you must show five years of continuous residence
If you have not yet met this requirement, you’ll likely be granted pre-settled status
Why It’s Important to Apply
Although the original deadline for applications was 30 June 2021, those who missed it may now be considered unlawfully present in the UK. This can have serious consequences, including the possibility of removal from the country.
Late applications are permitted in certain circumstances, but legal advice should be sought immediately if you’ve not yet applied.
How HM & Co. Solicitors Can Help
Our experienced immigration solicitors can support you by:
Advising you on whether you qualify for settled or pre-settled status
Preparing and submitting your application
Gathering appropriate supporting documents
Handling complex cases, including late submissions or previous refusals
We are committed to providing clear, expert advice tailored to your personal circumstances.
Your Questions, Answered
FAQs
European Settled Status FAQs
How Long Can I Stay Outside the UK Without Losing Settled Status?
To maintain your Settled Status, you must not be absent from the United Kingdom for five consecutive years. If you exceed this period, your status may be revoked.
Please note:
If you intend to apply for British citizenship, the absence requirements are significantly stricter. These will vary depending on whether you’re applying through the five-year or spouse route, and legal advice should be sought if your absences are close to the permitted limit.
Can My Family Members Join Me in the UK?
Yes, it is possible to bring family members to join you in the UK if your family relationship existed before 31 December 2020 and you were resident in the UK prior to this date.
The eligibility criteria differ depending on the nature of the family relationship (e.g. spouse, child, dependent parent), and applications can be complex. HM & Co. Solicitors has a specialist EU team available to assess your situation and guide you through the process.
When Can I Apply for British Citizenship?
If you are not married to a British citizen, you must wait 12 months after receiving Settled Status before applying for naturalisation. Additional eligibility requirements apply, such as the residence, English language, and good character requirements.
If you are married to a British citizen, you may be eligible to apply immediately after being granted Settled Status, subject to fulfilling the remaining criteria.
Will I Receive a Physical Document to Confirm My Settled Status?
No. The Home Office no longer issues Biometric Residence Cards (BRCs) for EU Settled Status holders. Your immigration status can instead be verified online via the UK Government’s digital status checker.
If you previously held a BRC, it may still serve as supporting evidence in certain situations, but your current status must be confirmed through the digital platform.
Does Settled Status Expire?
Settled Status does not have a formal expiry date, and it confirms that you are no longer subject to immigration control. However, it can be lost if:
-
You spend more than five continuous years outside of the UK
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You commit a serious criminal offence that results in deportation proceedings
To ensure your rights remain protected, we recommend regular legal reviews if your circumstances change or if you plan to spend extended periods abroad.
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I have been using HM & Co. Solicitors since Feb 2020 for my Non-Molestation order and Child Arrangements proceedings. Since using them I have had two amazing solicitors on my case, Felicia and Ayesha.
This has been the first time I have ever been to court and had been quite nervous, especially due to the sensitivity of the proceedings. Felicia and Ayesha have been nothing but patient, professional and understanding.
I have felt very supportive and reassured throughout the proceedings and they have made sure that I understand what is going on throughout all the hearings.
If anyone is ever needing of legal help relating to Domestic Violence or Child Arrangements, I will always recommend HM & Co. Solicitor, Felicia and Ayesha.
Thank you again for all your help and support!
Love to say a massive thank you to HM & Co.Solicitors for a job well done on my two cases, really excited with the way my case was handle by Miss Daisy was amazing with good communication with client, very supportive, professional. I will recommend them to anyone experiencing legal/family issues and need legal advice/support. Miss O Adesina.
HM & Co. Solicitors are so helpful from receptionists right to the solicitors. I've had a few applications made to the court, which includes a non molestation order, recovering my son's passport from his dad and also arranging visits and Felicia is such a professional, organised solicitor who knows her staff so well. She is a blessing and willing to help. She thinks outside the box, and finds solutions in the blink of an eye! Besides her expertise in this field, she will not hesitate to speak up and stand firm when necessary. I am very grateful for her and the company who are so supportive and helpful. Highly recommend!
HM & Co. Solicitors provided an excellent service when supporting us to purchase a flat (where we are first time buyers).
Michael, our solicitor, explained the process clearly so it was not stressful, and acted efficiently to speed up the process. He also ensured we did not exchange immediately due to uncertainty over building works, which saved us a lot of money in the long-run. His judgement calls were excellent and ensured we came out with the best deal possible. I would not hesitate to work with HM &Co Solicitors again.
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I entered the HM & Co Solicitors on Lower Road in what can only be described as a highly agitated state. I had been told a variety of information from another company and had been told I needed services from a solicitor. After explaining my situation to the gentleman I now know as Mr Hakeem Ayantayo (solicitor) he advised me that I did not need his services and to offer them to me for monetary gain would be against good public practise. He offered me friendly advice and even briefly spoke on the phone to the other company who were trying to make things difficult for me. Ultimately the situation I was in was resolved due to Mr Ayantayo and his due diligence. Mr Ayantayo could have taken advantage of my ignorance and lack of lawful knowledge but instead showed me kindness and support all while not fleecing me! Which in this day and age is a rarity! My sincere thanks to Mr Ayantayo and his lovely secretary you have restored my faith in not only the local business community but people in general.
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