Understanding the complexities of residency status in the UK post-Brexit can be a daunting task. The terms ‘settled’ and ‘pre-settled’ status are often used interchangeably, leading to confusion about their actual meanings and implications. This comprehensive guide aims to demystify these terms and provide clear, concise information about the UK’s residency rules post-Brexit. We will delve into the meaning of ‘settled’ and ‘pre-settled’ status, the benefits of each, and the process of changing from pre-settled to settled status. We will also address common queries such as ‘how long can I leave the UK with pre-settled status?’ and ‘is pre-settled status equivalent to indefinite leave to remain?’
Understanding Pre-Settled and Settled Status
The terms ‘settled’ and ‘pre-settled’ status are part of the UK government’s EU Settlement Scheme, designed to protect the rights of EU, EEA, and Swiss citizens residing in the UK post-Brexit. The ‘settled up meaning’ refers to the status granted to those who have lived in the UK for a continuous 5-year period. This is known as ‘continuous residence’. On the other hand, ‘pre-settled status’ is granted to those who have not yet reached the 5-year threshold but intend to stay in the UK long-term.
Settled Status
Settled status, as per the settled status gov.uk guidelines, allows you to stay in the UK indefinitely, as long as you do not leave the UK for more than 5 consecutive years. This status is equivalent to ‘indefinite leave to remain’. It grants you the right to work, study, use public services, and access public funds and pensions, similar to UK citizens.
Pre-Settled Status
Pre-settled status, on the other hand, is a temporary status granted to those who have not yet lived in the UK for 5 continuous years. With pre-settled status, you can stay in the UK for a further 5 years from the date you get the status. You can work, study, and access public services and funds, but you must maintain your continuous residence to qualify for settled status in the future.
Changing Pre-Settled to Settled Status
Changing pre-settled to settled status is a crucial step for those who wish to make the UK their permanent home. Once you have lived in the UK for 5 continuous years, you can apply to change your pre-settled status to settled status. This process is known as ‘change pre settlement to settlement’ or ‘from pre-settled to settled status UK’. It’s important to note that you must apply before your pre-settled status expires.
Pre-Settled Status: How Long Can I Leave the UK?
With pre-settled status, you can leave the UK for up to 2 consecutive years without losing your status. However, to qualify for settled status, you must not have been away from the UK for more than 6 months in any 12 month period, with some exceptions for important reasons such as childbirth, serious illness, study, vocational training, or an overseas work posting.
Pre-Settled Status Benefits
Pre-settled status offers several benefits:
- Right to work in the UK
- Access to public services like healthcare and schools
- Access to public funds such as benefits and pensions, if you’re eligible for them
- Ability to apply for settled status once you’ve lived in the UK for 5 years
Conclusion
In conclusion, understanding the difference between pre-settled and settled status is crucial for EU, EEA, and Swiss citizens residing in the UK post-Brexit. Both statuses offer a range of benefits, but settled status provides the added advantage of indefinite leave to remain. It’s important to maintain your continuous residence and apply to change your status from pre-settled to settled once you meet the 5-year threshold. This comprehensive guide aims to provide clear, concise information to help you navigate the complexities of UK residency rules post-Brexit.
