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What You Need to Apply for Pre-Settled Status: Requirements and Step-by-Step Guide

by Hyacinth

Since the UK officially left the European Union, citizens of the European Economic Area (EEA) and Switzerland were given the opportunity to apply for the EU Settlement Scheme. This scheme allows them to continue living, working, and studying in the UK after Brexit. Pre-settled status is a temporary status granted to EEA nationals and their family members who have been living in the UK for less than five years. This article provides an in-depth guide on how to apply for pre-settled status, including eligibility, required documents, and the application process.

Understanding Pre-Settled Status

Pre-settled status allows EU citizens and their families to remain in the UK until they have lived there for five years. After five years of continuous residence, individuals with pre-settled status can apply for settled status, which grants them indefinite leave to remain. However, individuals with pre-settled status must ensure that they maintain continuous residence in the UK, meaning they cannot leave the country for more than six months in any 12-month period without losing their status.

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Who Is Eligible for Pre-Settled Status?

Eligibility for pre-settled status is generally based on the length of time you have lived in the UK before applying. To apply for pre-settled status, you must meet the following criteria:

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  • You are an EU, EEA, or Swiss national, or a family member of such a national.
  • You were living in the UK before the end of the Brexit transition period, which was December 31, 2020.
  • You have lived in the UK for less than five years.
  • You can demonstrate that you were living in the UK when applying, either through records or other evidence.

Even if you have lived in the UK for less than five years, you can apply for pre-settled status. If you have lived in the UK for more than five years, you may be eligible to apply for settled status directly.

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Documents Required for Pre-Settled Status Application

The application for pre-settled status is relatively straightforward, but there are several key documents you will need to provide to demonstrate your eligibility. The specific documents required may vary depending on your individual circumstances, but here is a general list of what you may need:

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1. Proof of Identity

All applicants must provide proof of identity to confirm their nationality. The following documents can be used as proof of identity:

  • A valid passport
  • A national identity card
  • Other valid documents that demonstrate your identity and nationality, such as a residence permit.

2. Proof of Residence in the UK

To qualify for pre-settled status, you must have been living in the UK before December 31, 2020. You will need to provide evidence that shows you were residing in the UK during that time. This evidence can include:

  • Utility bills (e.g., gas, electricity, or water bills)
  • Bank statements
  • Pay slips or employment records
  • Tax returns or P60s from your employer
  • Letters or documents from government departments or public bodies
  • Rental agreements
  • Any other documents that show your continuous residence in the UK.

3. Family Member Documents (If Applicable)

If you are applying as a family member of an EU, EEA, or Swiss national, you will need to provide documents proving your relationship to the primary applicant. These documents may include:

  • Marriage or civil partnership certificates
  • Birth certificates (for children)
  • Other documents that show a genuine family relationship.

4. Criminal Record Check (If Applicable)

If you have lived in the UK for more than 12 months, the UK authorities may ask you to provide a criminal record check from the country of your nationality. This is a standard requirement to ensure that applicants do not have a serious criminal record that may disqualify them from applying.

How to Apply for Pre-Settled Status

Now that you know the documents required, let’s walk through the process of applying for pre-settled status. The application process is online and involves several steps:

1. Create an Account

The first step in applying for pre-settled status is to create an online account with the UK government’s EU Settlement Scheme website. Once you have created your account, you can log in and start your application. Make sure to use your full name, date of birth, and other personal details correctly when registering.

2. Complete the Application Form

After logging in, you will be asked to complete an online application form. This form will ask for details about your identity, nationality, and residency in the UK. You will also need to provide your passport or national identity card details, along with any information about your family members, if applicable.

3. Submit Proof of Identity and Residency

Once the application form is completed, you will be required to upload digital copies of your supporting documents, such as proof of identity and proof of residence in the UK. If you have a valid passport, you can use the UK Visas and Immigration (UKVI) app to scan your passport details and upload them directly to the system.

4. Criminal Record Check

If necessary, you will be asked to submit a criminal record check from your home country. This process may take time, so ensure that you provide this documentation as early as possible if required.

5. Review and Submit

Before submitting your application, review all the information and documents to ensure they are correct. Once you are confident that everything is in order, you can submit your application for pre-settled status.

6. Wait for a Decision

Once you submit your application, it will be processed by the UK Home Office. The processing time is typically a few weeks, but it may take longer in some cases. You will be notified by email once a decision has been made, and you will receive a confirmation of your pre-settled status if approved.

What Happens After I Receive Pre-Settled Status?

If your application is successful, you will receive pre-settled status, which will allow you to remain in the UK until you qualify for settled status. It is essential to maintain continuous residence in the UK to ensure that you remain eligible for settled status once you have lived in the UK for five years.

Once you receive pre-settled status, you will have the right to work, study, and access public services in the UK. However, it’s important to keep your status updated if your circumstances change (e.g., if you change address or family members join you).

What If My Application for Pre-Settled Status Is Rejected?

If your application for pre-settled status is rejected, you will be given the opportunity to appeal the decision. You can submit additional evidence or clarify any issues with your application. If your appeal is unsuccessful, you may need to leave the UK if you are no longer eligible to stay under other immigration rules.

Conclusion

Applying for pre-settled status is an important step for EU, EEA, and Swiss nationals who wish to continue living and working in the UK after Brexit. By following the application process carefully and providing the necessary documentation, you can ensure that your application is processed smoothly. Remember to stay informed about the latest immigration policies and deadlines to avoid any issues with your status.

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