Settled status for EU citizens and their families

Jul 3, 2018

1. Eligibility

EU citizens must be living in the UK continuously for 5 years (‘continuous residence’) and have started living here by 31 December 2020.

Non-EU citizens must show a relationship to an EU citizen living here.  Those who have lived in the UK for less than 5 years, will be eligible for ‘pre-settled status’ instead.

‘Continuous residence’
Continuous residence means being present in the UK for at least 6 months in each of those 5 years, except for:

  • one period of up to 12 months for an important reason
  • compulsory military service

Pre-settled status

Pre-settled status provides a temporary status of up to 5 years until the EU citizen is eligible for settled status after 5 continuous years.

Any children under 21 will also be eligible, even if they arrive in the UK after 31 December 2020.

Children born after an EU citizen obtains settled status will automatically be British if they’re born in the UK.

Family members joining EU citizens in the UK

Family members may join the EU citizen in the UK at any time up to the end of December 2020.  If the family member joins the EU citizen after 31 December 2020, they must demonstrate:

  • the relationship existed by 31 December 2020; and
  • they are a close family member.

2. Applying for settled status


The scheme will open fully by March 2019.  The deadline for applying will be 30 June 2021.

The application form will be online and there will be support available by phone or in person from Home Office personnel.

3. Evidence


The EU citizen will need to provide proof of:

  • identity
  • residence in the UK,
  • the relationship to a family member from the EU
  • any criminal convictions (over 18)

Proof of identity – Valid passport or national identity card.

Proof of residence – P60s, bank statements, utility bills

(You can give the Home Office permission to check HM Revenue and Customs (HMRC) data that may show how long you’ve lived in the UK.)

Family members – provide proof of your relationship to your EU citizen family member (for example, a birth, marriage or civil partnership certificate) plus the family members ID card or passport.  Family members must provide biometrics when requested.

When applying, the EU citizen may:

  • scan your identity document using an Android mobile phone or tablet; or
  • send your document by post; and
  • upload a recent digital photo of your face.

4. Fees
The fee to apply (subject to approval by Parliament) will be:

  • £65 if you’re 16 or over
  • £32.50 if you’re under 16

It’ll be free for holders of indefinite leave to remain or a valid permanent residence document. Moving from pre-settled status to settled status or children in local authority care.

5. Minor error and corrections


The Home Office will contact applicants if minor mistakes are found on application, so that errors can be corrected.

Proof of your status is provided through an online service. No physical documents will be issued unless the applicant is a non EU citizen family member.

Settled status will be lost if the EU citizen leaves the UK for a period of more than 5 years.

Unsuccessful applicants can re-apply up to 30 June 2021 or appeal if applying from 30 March 2019.

For further information, please contact us on 0118 977 4045 or immigration@herrington-carmichael.com

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