If you are an EU citizen, you and your family can apply for the EU Plan to continue living in the UK after June 30, 2021. If your request is successful, you will obtain the established or pre-established status. This is known as Settled Status or pre-settled status.
Many people often confuse permanent residency with settled status, however, they are two different things altogether. In this post, we will offer all the necessary information for you to apply for the Settled Status to live in the United Kingdom after completing the Brexit process.
What is Settled Status?
As of July 1, 2021, EU citizens and their relatives in the United Kingdom must have applied for UK immigration status to be in the country legally.
Ultimately the Settled Status is what would be equivalent to a residence permit to live legally in the country, however, it is not entirely the same.
Who should apply for settled status?
If you are a citizen of the European Union or a relative of an EU citizen, you must apply if you wish to remain in the United Kingdom after June 30, 2021. This includes:
- People born in the UK but not British citizens.
- Be married to a British citizen being from another EU country. If you are from outside the EU, you must prove the relationship with an EU citizen.
- The EU Settlement Plan will be fully opened before March 30, 2019. You may be able to apply now if you meet the criteria.
Requirements or Eligibility
Taking into account what we have just said, to be eligible for the state you will need to meet the following requirements:
Settled Status after Brexit
Taking into account what we have just said, to be eligible for the state you will need to meet the following requirements:
- be a citizen of the EU or a family member of an EU citizen.
- have been living in the UK continuously for 5 years (what is known as ‘continuous residence’).
- have begun living in the United Kingdom before December 31, 2020.
- In most cases, eligibility for the Settled Status will be based on whether you have lived in the UK for 5 years.
In case you do not comply, you can be granted the pre-established status, which will allow you to stay in the United Kingdom for another 5 years. Once those 5 years have passed, you could apply for resident status.
If you have a permanent or indefinite residence permit, you can stay but, still, asking for permission from the new state could offer you some better rights.
Permanent Residency or Indefinite Permit – What Is It?
In case of having a permanent or indefinite residence permit, the process is somewhat different.
What is a Permanent Residence Permit?
If you have a valid permanent residence document in the United Kingdom, it will be one of the following:
- a certificate in your blue “residence documentation” brochure.
- a certificate in your passport
- a biometric residence card that confirms permanent residence (only if you are from outside the EU)
- If you are from the EU, EEA or Switzerland, your permanent residence document will read “Document certifying permanent residence”. If you are from outside the EU, EEA or Switzerland, your passport will say “State of permanent residence”.
You can change your permanent residence document to the settlement status by applying to the EU Settlement Plan. You will not have to pay or show that you have 5 years of continuous residence.
EU Citizens Rights In UK After Brexit – How Our UK Immigration Advice Service Works
Master Legal Services team of expert yet affordable immigration lawyers in London We are readily accessible to you for all your immigration concerns and visa applications wherever you are in the world. Should you physically be in the UK, do drop by our office and tap into that expertise we are known for.
How can we help?
Migration can be quite a harrowing experience with the many laws surrounding many types of visa and specific circumstances. It need not be though with Master Legal Services helping you through the process. We will help you make sense of it all, providing the best advice and support for your particular circumstance.
Contact our office to speak to an expert today:
T: 020 8935 5205
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