Settled Status

“Settled Status” is a new immigration status that EU citizens in the UK are likely to need to obtain in order to secure their right to live in the UK after Brexit. However, its implementation may still depend on the result of the negotiations between the UK government and European Union.

“Settled Status” is meant to secure various rights of EU citizens in the UK, including right to reside, right to work, to access public services, and others. You may read more about it in our “Citizens’ Rights” tab.

It is our intent to publish a guide to applying for the “Settled Status” on our website when more information is available. We hope the information below is helpful in the meantime.

On 6 December 2018, the UK government released a “Policy paper on citizens’ rights in the event of a no deal Brexit“. It states there that “the UK will continue to run the EU Settlement Scheme for those resident in the UK by 29 March 2019 in a ‘no deal’ scenario.”

The proposals in the paper are similar to those set out in this guide, but not identical. For more details on EU citizens’ rights in a ‘no deal’ scenario, please consult the paper.

The UK is already testing the “Settled Status” application process in an open pilot scheme. You can read more about that here.

According to the official information published by the UK government:

“If you’re a European Union (EU) citizen, you and your family will be able to apply to get either settled or pre-settled status. This will mean you can continue living in the UK after December 2020.

You will not need to apply if:

  • you’re an Irish citizen
  • you have indefinite leave to remain in the UK
  • you have indefinite leave to enter the UK – for example, you have a Returning Resident visa
  • However, your family members from outside the UK and Ireland will need to apply.”

The “Settled Status” application process is currently open to EU nationals willing to take part in a pilot scheme.

The application process is planned to open to the public “by end of March 2019”.

! The deadline for “Settled Status” application is currently expected to be the end of June 2021 – if there is a deal.

In case of ‘no deal’, the deadline is set to be the end of December 2020.

“Settled Status” is meant to secure more than just your right to reside in the UK. You may read more about your rights to work, access healthcare, vote, access education and housing and other benefits in our Citizens’ Rights tab.

! Until the UK leaves the EU, your rights in the UK as an EU national remain unchanged.

British Prime Minister Theresa May recently announced the “Settled Status” will be free. This is good news, however, the new declaration may lead to some confusion, as previously the “Settled Status” was meant to cost some money.

Those who apply for the “Settled Status” under the pilot scheme, will need to pay and later be reimbursed.

According to the UK government website, the fee to apply (which will later be refunded) will be:

  • £65 if you’re 16 or over
  • £32.50 if you’re under 16

It’ll be free to apply if:

  • you already have valid indefinite leave to remain in or enter the UK
  • you have a valid permanent residence document
  • you’re applying to move from pre-settled status to settled status
  • you’re a child in local authority care

Pilot Scheme

To apply for the “Settled Status” now, go to the website Apply to stay in the UK after it leaves the EU. It currently lists requirements for applying for the “Settled Status” under the open pilot scheme.

To take part in the pilot, you will need:

  • a biometric passport OR a biometric residence card
  • your NIN number
  • access to an Android device version 6.0 or higher
  • a debit or credit card and 65 pounds on your account (the fee will later be reimbursed to you)
  • during the process, you will need to declare your criminal convictions (or lack thereof).

You will need to download the EU Exit App from the App Store to your phone, scan your documents, take “a selfie” and proceed with other simple steps. The application process usually takes 20-25 minutes; however, some users have reported problems with the app, such as difficulties with scanning their passport.

Then the UK government will carry out automatic checks to determine whether you have been resident in the UK for 5 years – in which case you will be granted a “Settled Status”. Otherwise, you will be granted a “Pre-settled Status,” which will then automatically be changed into “Settled Status” for free, when you reach the 5 year threshold.

You may watch the video on the application process under this link.

From the end of March 2019

When the system is fully operational, the process is supposed to be simple and “streamlined”. According to the UK government website, the application form will be online, and you’ll be able to get support over the phone or in person.

To apply, you will still need a proof of your identity, but it will no longer need to be a biometric card. You will be able to send your documents by post rather than scanning them.

In short, you will need:

  • a valid passport OR national identity card

If you’re from outside the EU, you’ll be able to use any of the following:

When you apply, you’ll be able to either:

  • scan your identity document using an Android phone
  • send your document by post

The UK government assures that you will be able to use someone else’s Android phone to scan your document. You will also be able to visit one of the organisations offering to scan your document for you. You’ll need to book an appointment and you may have to pay a fee.

You’ll also need to upload a recent digital photo of your face.

You will be able to provide your National Insurance number to allow an automated check of your residence based on tax and certain benefit records.

If this check is successful, you’ll not need to provide any documents as proof of residence. You’ll only need to provide documents if there is not enough data to confirm you’ve been here for 5 years in a row.

The Home Office will tell you immediately after you apply if you need to provide any documents. You’ll be able to submit photos or scans of your documents through the online application form.

Read what documents you can provide to the Home Office if you’re asked to provide more evidence.

Read more:

This information is taken directly from the UK government’s website:

“If you’re 18 or over, the Home Office will check you have not committed serious or repeated crimes, and that you don’t pose a security threat.

You’ll be asked about your criminal history in the UK and overseas. You’ll also be checked against the UK’s crime databases.

If you’ve only been convicted of a minor crime, for example you’ve had a speeding fine, you’ll still be eligible for settled or pre-settled status.

You may still get settled or pre-settled status even if you have other convictions. This will be judged on a case-by-case basis.

If you’ve been to prison, you’ll usually need at least 5 years’ continuous residence from the day you were released to be considered for settled status.”

After you apply for the “Settled Status,” the decision on whether you have been granted “Settled” or “Pre-settled Status” or if your application has been rejected, will come to you e-mail inbox.

If you are not happy with the decision, you’ll be told in your letter if you can apply for the decision on your application under the EU Settlement Scheme to be reviewed. This is called an administrative review. If you are unhappy with the decision and the letter tells you you cannot ask for the review, you either need to accept the decision or sick other legal means to challenge the decision; you may consider consulting a legal expert on this.

Administrative review

The information below on how to pursuit the “administrative review” if you are unhappy with the decision, is taken from the UK government website:

You can apply for an administrative review from inside the UK.

You can apply for an administrative review if either:

  • your application was refused on eligibility grounds
  • you were granted pre-settled status but think you qualify for settled status

You can also make a new application under the scheme. This application will be free if you:

  • have been granted pre-settled status and
  • apply to move from pre-settled status to settled status from April 2019To apply, you must make your application for administrative review within 28 days of the date on your decision email.

You’ll need to complete the administrative review application form.

You must use a separate form for each person applying for a review, whether they’re a child or an adult.

The procedures described above apply to EU citizens who arrive to the UK before a certain date (it depends on the result of the negotiations when this date will fall). Those who arrive to the UK after this date will probably be treated differently. You may wish to consult UK government documents:

Government outlines no deal arrangements for EU citizens

The UK’s future skills-based immigration system

 

The information on this website is intended for guidance only. It is based upon our understanding of current proposals and is correct at the time of going online. No liability is accepted by Citizens’ Rights Project for actions taken in reliance upon the information given, and it is recommended that appropriate professional advice should be taken.

Additionally, this website contains links to external sources of information which we believe you will find useful and that we consider to come from reliable sources. However, we are not responsible for the content or integrity of any external websites.