The UK Adult Dependent Relative Visa is for adult dependent relatives of British citizens or settled persons who wish to settle in the UK.
The EU Settlement Scheme is a UK immigration program designed for EU, EEA, and Swiss citizens (and their family members) who were living in the UK before the Brexit transition deadline of 31st December 2020. The scheme allows these individuals to apply for either Pre-Settled Status or Settled Status to continue living, working, and studying in the UK after the UK’s exit from the EU.
If you’re an EU citizen, understanding the differences between Pre-Settled and Settled Status is crucial in ensuring that you have the right to stay in the UK in the long term.
Pre-Settled Status is a temporary status granted to EU, EEA, or Swiss nationals who have been living in the UK for less than 5 years as of 31st December 2020. This status allows you to stay in the UK for up to 5 years, after which you can apply for Settled Status (also known as Indefinite Leave to Remain).
Temporary Residency: Pre-Settled Status is granted for up to 5 years, depending on the duration of your residence in the UK.
Right to Live and Work: You can live, work, and study in the UK during the duration of your Pre-Settled Status.
Family Members: You can bring family members to the UK under certain conditions, even if they join you after the Brexit deadline.
Pathway to Settled Status: Once you’ve lived in the UK for 5 continuous years, you can apply for Settled Status (permanent residency). This application is free if you’re applying for Settled Status after holding Pre-Settled Status.
You must have been living in the UK by 31st December 2020.
You have lived in the UK for less than 5 years before the application date.
You need to provide proof of your identity, residence, and nationality.
You don’t need to have comprehensive sickness insurance (CSI) for Pre-Settled Status.
Settled Status is granted to EU, EEA, or Swiss citizens (or their family members) who have been continuously living in the UK for 5 years or more before the end of the transition period (31st December 2020). Settled Status gives individuals the right to stay in the UK permanently.
Permanent Residency: Settled Status is essentially permanent residency in the UK. It grants you the right to live, work, and study in the UK indefinitely.
No Time Limit: You don’t have to renew your status, and you can stay in the UK as long as you wish.
Access to Benefits: You are entitled to benefits such as healthcare (NHS), social security, and the ability to travel in and out of the UK.
Path to British Citizenship: After holding Settled Status for 1 year, you can apply for British citizenship, subject to other requirements such as knowledge of English and life in the UK.
You must have lived in the UK for a continuous 5-year period.
During this period, you should not have been absent from the UK for more than 6 months in any given 12-month period (exceptions apply, such as for certain serious illness or pregnancy).
You need to provide proof of your identity, residence, and nationality.
You do not need to have CSI for Settled Status.
Feature | Pre-Settled Status | Settled Status |
---|---|---|
Eligibility | Less than 5 years of continuous residence in the UK | 5 or more years of continuous residence in the UK |
Duration of Stay | Up to 5 years | Permanent (no expiration) |
Right to Work and Study | Yes | Yes |
Pathway to Citizenship | Must apply for Settled Status after 5 years | Can apply for British citizenship after 1 year |
Family Member Rights | Family members can join you (under certain conditions) | Family members can join you (under certain conditions) |
Check Eligibility: Make sure you meet the criteria for either Pre-Settled or Settled Status. If you’ve been living in the UK for under 5 years, you’ll apply for Pre-Settled Status. If you’ve been living in the UK for 5 years or more, apply for Settled Status.
Gather Required Documents: You’ll need documents to prove your identity and residence. For identity, this may include your passport or national identity card. For residence, it could be utility bills, bank statements, or employment records.
Create an Account: Apply through the official EU Settlement Scheme online portal. You will need to create an account and provide necessary personal details.
Complete the Application: The online application form will ask for details about your identity, nationality, and residence history. For Pre-Settled Status, you’ll need to prove you’ve lived in the UK for less than 5 years. For Settled Status, you’ll need to provide proof of continuous residence for 5 years.
Submit Biometrics (if required): Depending on your nationality, you may need to submit biometric data (fingerprints and photograph) to verify your identity.
Wait for a Decision: The Home Office will review your application, which can take several weeks or months. You’ll receive a decision letter once your application has been processed. If approved, you’ll be granted Pre-Settled or Settled Status.
Right to Work and Study: Both statuses allow you to live, work, and study in the UK without restrictions.
Access to Public Services: Holders of Pre-Settled and Settled Status are eligible for healthcare (NHS), public funds, and social benefits.
Family Reunification: Your close family members can join you in the UK if they apply under the EU Settlement Scheme.
Travel Rights: You can travel in and out of the UK, though for Pre-Settled Status, long absences may affect your status. Settled Status provides more freedom of movement.
The EU Settlement Scheme provides an essential pathway for EU, EEA, and Swiss citizens who want to continue living in the UK after Brexit. Whether you qualify for Pre-Settled Status or Settled Status, both offer the right to stay, work, and access public services in the UK.
If you meet the eligibility requirements, it’s important to apply as soon as possible to secure your rights in the UK. By understanding the differences between Pre-Settled and Settled Status, you can ensure that you choose the correct route for your future in the UK.
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@ Privity Legal 2024