If you still want to benefit from social benefits in the UK, you should try your best to change your pre-settled status to settled status when you qualify. When you have pre-settled status under the EU Settlement Scheme, it will last for 5 years. After 5 years, the pre-settled status will automatically be extended by another 2 years. But in 2024, there are some changes to the extension. According to the Home Office, they can check people’s eligibility before extending your pre-settled status, if you can’t get settled status at that time. Here you can read this blog to see if you still switching from pre-settled status to settled status.
What is the new pre-settled status rule?
Under the EU Settlement Scheme, if someone has not obtained settled status after 5 years of pre-settled status, they can automatically extend the pre-settled status for another two years before it expires. This process will be automated by the Home Office and will automatically process extensions before their pre-settled status expires. For example, if your pre-settled status expires in May 2024, you will receive the extension in May 2024. You will be informed of the extension of pre-settled status. However, now the Home Office can check your eligibility before extending your pre-settled status. If they find that you are no longer eligible for pre-settled status due to a long absence from the UK, you may need to start a process to get your pre-settled status back.
Eligibility to change pre-settled status to settled status
If you wish to change pre-settled status to settled status, you must first meet the eligibility requirements. Here you can check below if you are eligible to apply for a settled status.
- You have lived in the UK for a continuous period of 5 years, and the time will be counted from the day you start continuous residence in the UK, not the day you obtain pre-settled status.
- During the 5-year period, you have not been out of the UK for more than 6 months in any 12-month period.
- You have a good character.
How do I check if I have lived in the UK for 5 years?
One of the most important factors affecting your settled status is the 5-year period. The start date of your 5-year period will depend on whether you are a citizen of the EU, EEA or Switzerland.
If you are a citizen of the EU, EEA or Switzerland
If you are a citizen of the EU, EEA or Switzerland, your 5-year period will start from the day you started living in the UK, not the day you obtained pre-settled status. Therefore, there is a need to wait for settled status until the pre-settled status is about to expire. Since you have lived in the UK for 5 years, it is a good idea to apply for settled status.
If you are a citizen of a country outside the EU, EEA or Switzerland
If you’re a citizen of a country outside the EU, EEA or Switzerland, the rule about your 5 years of residence is different and it will depend on if you’re a close family member or an extended family member.
- If you are a close family member, such as:
- husband, wife or civil partner
- dependent parent or grandparent
- child or grandchild under 21 years of age
- dependent child aged 21 or over
Your 5-year period will start on the later day, either the day you arrive in the UK or the day you become a close family member of an EU, EEA or Swiss citizen. For example, if you married a German citizen and came to the UK, your 5 years start on the day you arrived in the UK. At this time, it does not matter whether EU, EEA or Swiss citizens have not settled or pre-settled status.
2. If you are an extended family member, such as:
Long-term partner who is not married or in a civil partnership
- brother or sister
- aunt or uncle
- niece or nephew
- cousin
5 years will begin on the day you arrive in the UK with a family permit. If you do not have one, the 5-year period will begin on the day you obtain a residence card.
How to switch from pre-settled status to settled status
After you have met the 5-year period and other requirements, you can switch from pre-settled to settled status. Before applying for settled status, you must apply again to the EU Settlement Scheme and show proof that you have met the requirements. Here are the required documents that you must prepare:
- Identity documents such as your passport, national identity card, or biometric residence card or permit. If the identity document has changed after you have obtained pre-settled status, you must inform UKVI.
- Proof of continuous residence when the Home Office cannot verify it from your National Insurance Number
- A mobile number
- An email address
- A digital photo
- Evidence of your relationship with a family member if you applied for pre-settled status with that family member
Steps to switch pre-settled status to settled status
In the following section, we’ll introduce how you can change from pre-settled status to settled status, as soon as you’re eligible. You’ll need to prove your identity and provide evidence of your continuous residence and your relationship with a family member(if your pre-settled status was based on that relationship).
Prove your identity
If your identity document has changed since you applied for pre-settled status, you are required to update your UKVI account before applying.
- You need to upload your identity document online via the “EU Exit: ID Document Check” iPhone app or Android app on your phone. After you have proof of identity on the app, you will receive an SMS to access the app.
- Or you can enter the details of the document online and send your identity document by post. In this way, your document will be returned by Royal Mail Signed For 2nd Class Delivery.
Complete the application
You must complete the application by following the guidelines, such as providing your passport number and other identification documents. If your application is successful, you will receive a letter confirming your status.
When you are granted settled status, you can stay in the UK as long as you like. You can apply for citizenship 12 months after you have obtained settled status. If your application has been refused because you have been outside the UK for more than 6 months in a 12-month period, you will retain your pre-settled status. You can reapply for settled status after living in the UK, Channel Islands or Isle of Man for 5 consecutive years. And keep in mind that you can’t spend more than 6 months out of the UK in a 12-month period.
Can I apply for settled status for my children?
Yes. You can apply for your child or they can apply on their own. If your child wishes to apply for settled status, they must meet the following eligibility criteria:
- They are under 21, or they are under 21 when they want to switch to settled status.
- They are from the EU, Switzerland, Norway, Iceland or Liechtenstein.
They must apply within 90 days of being born or adopted in the UK or join you here. Before applying for settled status, they must prepare supporting documents, such as:
- The child’s identity, such as a passport or biometric residence card
- Relationship between you and your child
- Parent’s pre-settled or settled status
- When your child was born or adopted, such as a birth certificate or adoption order
- The child’s continuous residence
After you have prepared the documents, you can apply online for settled status for your child.
FAQ
How long does it take to get pre-settled to settled status?
It will take 5 years for you to change from pre-settled to settled status. During the 5 years, you must have been in the UK for at least 6 months in any 12-month period. If you do not meet the required length of stay, your application for settled status will be rejected.
What happens if I stay outside the UK for more than 6 months?
If you remain outside the UK for more than 6 months in a 12-month period, the Home Office may reject your application for settled status when your pre-settled status is about to expire. And if they think you no longer meet the pre-settled status requirements, they may cancel it, meaning you won’t get the 2-year pre-settled status extension.
How long can I stay out of the UK with settled status?
If you qualify for settled status, you can stay in the UK as long as you like. After 12 months, you can apply for UK citizenship. It will be easier to prove your right to live in the UK permanently. However, if you have settled status, you will be allowed to spend up to five consecutive years outside the UK without losing your settled status.
Conclusion
All in all, it is easy to change pre-settled status to settled status, since you ‘ve had a 5-year stay in the UK. And you don’t spend more than 6 months outside the UK in the 12-month period. To avoid any rejection of an application for settled status, you must follow the rules and meet all requirements.
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Erin Lo