Settled Status vs Permanent Residency

Settled Status

The EU settlement scheme is only available to nationals from the EU, EEA or Norway, Liechtenstein, Switzerland and Iceland, provided that they meet the eligibility criteria to apply for settled status, and is only available to those who were living in the UK before December 31 2020.

EU settled status is a legal status that allows you to work, live and study in the UK. Having settled status means you can travel in and out of the UK without restrictive immigration rules, allows you access public funds and to the NHS, and allows you to apply for British citizenship.

Since Brexit, the EU settlement scheme no longer exists as a way for new applicants to gain settled status in the UK unless you meet the following criteria:

• You are from the European Union, Norway, Iceland, Switzerland or Liechtenstein and you or a family member were living in the UK by 31 December 2020
• You have ‘reasonable grounds’ for applying later than the June 30 2021 deadline, usually pertaining to compassionate circumstances such as illness or domestic abuse
• You already have EU pre-settled status and are applying for settled status
• You are joining a family member who lived in the UK prior to 31 December 2020, and you had the family relationship at that time.

If you qualify for a late application for EU settlement, then the EU route is the best option for you.

The benefits of applying through the EU scheme to gain settled status are:

• The application is free
• The application process is simpler and quicker than applying for ILR
• The application doesn’t require you to have lived in the UK for up to five years, and will offer you pre-settled status until you meet the five year mark for settled status
• You can leave the UK for longer without losing your residency status – you will only lose your status after five years outside the UK, rather than two
• You still have the same rights as you would get applying for ILR.

You are allowed to:

• Work in any UK business, profession or employment, including self-employment
• Study in the UK
• Vote in the UK
• Access the NHS without cost
• Access benefits and other public services
• Travel to and from the UK without restriction.

With the heavy impact of the coronavirus pandemic on health, travel and families, the UK government has factored in exemptions from the usual terms for gaining settled status.

Your ‘continuous qualifying period’ of living in the UK will not be considered broken if you were away for up to 12 months due to pregnancy and childbirth, serious illness, being in quarantine, travel disruption, study, training, or an overseas posting.

‘Illness’ includes COVID related illness, or needing to care for a family member impacted by illness during the time you were abroad.

There are lots of ways you can prove your absence was due to COVID or another valid reason listed above by submitting evidence such as:

• Doctor’s letters
• Flight bookings and cancellations
• Letters from your educational institution or job
• A letter written by you explaining in detail your decision to remain outside of the UK during the coronavirus epidemic, for example because
  • There were fewer restrictions in the country you were living in
  • You preferred to run your business from overseas during that time
  • You wanted to be with friends and family members during that period.