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Settled and Pre-Settled Status For EU Nationals
If you are an EU national and wish to remain living and working in the UK after Brexit, you will need to acquire Settled or Pre-Settled Status and must apply before 30 June 2021. For both Pre-Settled and Settled status, you must have arrived in the UK before 31st December 2020.
It is understandably frustrating and confusing for EU citizens who have lived in Britain for many years to suddenly have to legitimise their right to live in the country. And although the Settled and Pre-Settled Status application process is relatively straightforward, refusals do occur.
Our immigration Solicitors have been helping EU nationals, and their family members negotiate the Settled and Pre-Settled Status process since its inception.
EU, EEA, and Swiss nationals who have been in the UK for five or more continuous years, can apply for Settled Status. With Settled Status, you will have the assurance that you can remain in Britain and not be subject to visa restrictions. After 12 months of Settled Status, you can apply for British Citizenship.
If you have been living in Britain for less than five continuous years, you can apply for Pre-Settled Status, which will allow you to remain in the country and achieve five years of continuous residence. You will then be able to apply for Settled Status.
If you have Pre-Settled or Settled Status, you will be able to access NHS services, work, study, access public funds, and travel freely.
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Established in 2008, Garth Coates Solicitors is a leading Law Firm in Immigration who can provide professional legal advice to ensure that your Application satisfies the strict requirements of the Immigration Rules. Our team of legal professionals offer comprehensive and considered advice to enable our clients to make informed choices. We strongly believe that our clients deserve the best; we take our responsibilities very seriously to ensure that client satisfaction is achieved by providing a professional yet friendly legal service. We aim to resolve all immigration matters brought to us by working diligently and together with the client, keeping them informed of the progress of their case at all stages. Our outstanding success rate is maintained thanks to the high standard of our work. If you would like us to assist you with your Immigration Matter, kindly click here to leave us an Enquiry. Alternatively, we can be reached via telephone at (00 44) (0)20 7799 1600 from 9:00 AM – 5:00 PM (UTC+00.00 London) every Monday to Friday.
FAQs
What is the difference between settled status and pre-settled status?
Settled status and pre-settled status are both granted under the EU Settlement Scheme, but they apply to different lengths of UK residence. In general, settled status is for people who have lived in the UK continuously for 5 years, while pre-settled status is for those who started living in the UK by the relevant deadline but had not yet completed 5 continuous years when they applied. Both statuses help eligible EU, EEA and Swiss citizens, and certain family members, continue living in the UK lawfully after Brexit.
The practical difference is important. Settled status gives indefinite permission to stay in the UK, while pre-settled status is limited permission. GOV.UK also says pre-settled status is now extended by 5 years before it expires, and in some cases it may be automatically converted to settled status once the person becomes eligible.
Who can apply for settled or pre-settled status in the UK?
The EU Settlement Scheme was created mainly for EU, EEA and Swiss citizens and their eligible family members who were living in the UK by the end of the Brexit transition period. Eligibility depends on factors such as nationality, family relationship, residence in the UK, and whether the person already has status under the scheme. The key issue in many cases is proving continuous residence and showing that the applicant falls within the scope of Appendix EU.
Some family members can also qualify, including certain spouses, civil partners, unmarried partners, children, dependent parents and others, depending on the facts and timing of the relationship. These cases can become more technical where the relationship started before 31 December 2020, where a family permit is involved, or where the applicant is relying on more complex residence rights. Garth Coates advises on these applications and can help assess eligibility before an application is made.
How do you qualify for settled status in the UK?
You will usually qualify for settled status once you have lived in the UK for 5 years in a row, often called continuous residence. GOV.UK explains that the evidence of how many years you have lived in the UK normally determines whether you receive settled status or pre-settled status. Continuous residence is therefore one of the most important parts of an application or upgrade from pre-settled to settled status.
In practice, applicants should be ready to show proof of residence over the relevant period. That might include HMRC or DWP records where available, or other documents if automated checks do not cover the whole timeline. Some cases are straightforward, while others involve gaps, long absences, or questions about what counts as residence. Garth Coates can help applicants review their residence history carefully and prepare evidence in a way that supports a stronger application.
What rights do you get with settled status or pre-settled status?
Both settled status and pre-settled status allow eligible people to continue living in the UK. GOV.UK explains that people granted status under the EU Settlement Scheme can continue to work, study, use the NHS, access public services, and travel in and out of the UK, subject to the scheme rules and general immigration requirements. The status also provides proof of lawful residence, which can be important for employers, landlords and public bodies.
The main difference is that settled status is a more secure long-term status because it is indefinite, while pre-settled status remains temporary until the person becomes eligible for settled status. This is why many applicants with pre-settled status later need advice on residence evidence, absences, or conversion to settled status. Garth Coates assists EU nationals and family members with both initial applications and later status problems, including refusals and challenges.
What documents are needed for an EU Settlement Scheme application?
An EU Settlement Scheme application usually requires evidence of identity, nationality, and continuous residence in the UK. GOV.UK says applicants need to provide proof of how many years they have lived in the UK, because that usually decides whether they receive settled or pre-settled status. In some cases, Home Office systems can confirm part of the residence history automatically, but extra evidence may still be needed.
Depending on the case, useful evidence may include:
- A valid passport or national identity card
- Proof of UK residence over the relevant period
- Documents showing a family relationship, if applying as a family member
- Additional records where there are residence gaps or more complex circumstances
Where the application is not straightforward, careful document preparation matters a great deal. Garth Coates can help applicants identify missing evidence, explain weak points, and present a clearer case under the EU Settlement Scheme rules.
What happens if your pre-settled status is about to expire?
GOV.UK says that pre-settled status is now extended by 5 years just before it is due to expire, and the holder is sent an email when this happens. This automatic extension is important because it helps protect people who have not yet made a successful settled status application by the time their original grant would otherwise have ended.
The same GOV.UK guidance also states that, after extension, pre-settled status may be automatically converted to settled status where the Home Office can confirm eligibility. Even so, a person can still apply for settled status as soon as they meet the 5-year residence requirement. That means applicants should not ignore their residence history just because an extension exists. Garth Coates can help with checking eligibility for settled status, especially where there are absences, gaps in records, or uncertainty over whether the Home Office has enough evidence to upgrade the case automatically.
What can you do if settled or pre-settled status is refused?
A refusal does not always mean the end of the matter. Depending on the reason for refusal, a person may be able to challenge the decision through administrative review, a fresh application, or an appeal where appeal rights exist. The Home Office has specific guidance on administrative review under Appendix AR (EU), and Garth Coates also advises that refusals can sometimes be challenged successfully where the original decision was wrong or the evidence was incomplete.
The best next step depends on the reason for refusal. Some cases turn on missing residence evidence, others on relationship proof, suitability concerns, or more technical issues under Appendix EU. Because deadlines and remedies can differ, it is sensible to get legal advice quickly. Garth Coates regularly advises EU, EEA and Swiss nationals and their family members on refusals, reapplications, appeals and related judicial review issues where necessary.
How can Garth Coates help with settled and pre-settled status applications?
Garth Coates is a specialist UK immigration law firm that advises on immigration and citizenship matters, including EU Settlement Scheme applications, refusals and follow-on issues. The firm’s published guidance shows it assists EU, EEA and Swiss nationals, as well as family members, with settled status, pre-settled status, appeals and related immigration problems. That can be especially useful where the case involves continuous residence questions, family member applications, late evidence, or a refusal that needs to be challenged.
A well-prepared application often depends on more than just uploading identity documents. It may require a careful explanation of residence, absences, family history, or the right remedy after a refusal. Garth Coates can help applicants identify the correct route, prepare supporting documents, and present a stronger case in line with the latest EU Settlement Scheme rules and guidance.
Garth Coates
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A Message from Our Principal
At Garth Coates Solicitors, we provide expert legal advice and unwavering support across the full spectrum of UK immigration matters. Before qualifying as a solicitor, I worked within the UK Home Office (UKVI) as an Immigration Officer — a role that gave me valuable insight into the inner workings of the immigration system. Since then, I have gone on to represent clients at several of the UK’s most prominent immigration law firms, and later established this firm to deliver a more focused and client-centred approach.
Together with my senior legal team, we bring over 30 years of combined experience in the UK immigration sector. This depth of expertise enables us to successfully handle even the most complex and challenging cases — from visa refusals and judicial review proceedings to corporate sponsorships, family reunifications, and permanent settlement applications.
We are proud of our high success rate, earned through strategic thinking, meticulous preparation, and a commitment to delivering results. Our multilingual team of solicitors, caseworkers, and support professionals is well-equipped to serve a global clientele with care, professionalism, and cultural understanding.
At Garth Coates Solicitors, we fight for our clients’ rights and treat each case with the attention and seriousness it deserves. Whether you’re applying for the first time, facing an appeal, or unsure of your options, we are here to guide you with clarity and confidence.
Warm regards,
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Settled and Pre-Settled Status For EU Nationals
If you are an EU national and wish to remain living and working in the UK after Brexit, you will need to acquire Settled or Pre-Settled Status and must apply before 30 June 2021. For both Pre-Settled and Settled status, you must have arrived in the UK before 31st December 2020. It is understandably frustrating and confusing for EU citizens who have lived in Britain for many years to suddenly have to legitimise their right to live in the country. And although the Settled and Pre-Settled Status application process is relatively straightforward, refusals do occur. Our immigration Solicitors have been helping EU nationals, and their family members negotiate the Settled and Pre-Settled Status process since its inception. EU, EEA, and Swiss nationals who have been in the UK for five or more continuous years, can apply for Settled Status. With Settled Status, you will have the assurance that you can remain in Britain and not be subject to visa restrictions. After 12 months of Settled Status, you can apply for British Citizenship. If you have been living in Britain for less than five continuous years, you can apply for Pre-Settled Status, which will allow you to remain in the country and achieve five years of continuous residence. You will then be able to apply for Settled Status. If you have Pre-Settled or Settled Status, you will be able to access NHS services, work, study, access public funds, and travel freely.How do I apply for the EU Settlement Scheme?
The Home offices will require proof of your identity. To do this, you will need to send your passport or travel document via:- The Home Office’s EU/EEA Exit: ID Document Check iPhone or Android app;
- By post, or;
- By visiting an identity document scanning office.
What if my Settled or Pre-Settled Status application is refused?
If your application for Settled or Pre-Settled Status is refused because of a clerical error, you can apply for Administrative Review. An example of an error which can be corrected by Administrative Review is where the Home Office decision-maker examining your application incorrectly calculated the number of years you have lived in the UK and granted you Pre-settled Status instead of Settled Status. Our immigration lawyers can prepare your application for Administrative Review and write a detailed cover letter to explain the error.Can my non-EU/EEA family members obtain Settled or Pre-Settled Status?
Non-EU/EEA family members can apply for Settled or Pre-Settled Status. They can use their EU Family Permit as evidence of their time spent legally in the UK. Our experienced London-based immigration Solicitors can assist you and your family members with applying for Settled and Pre-Settled Status.Help for vulnerable EU citizens
There is concern that many EU nationals will miss out on applying for Settled or Pre-Settled Status for various reasons, including:- not being fluent in English
- having mental health and/or learning disabilities
- they do not have internet access
