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Post Brexit: Pre-Settled Status
IMPORTANT NOTE:  It appears that some people who should have been granted settled status are only being given pre-settled status- perhaps because they have not been able to provide sufficient evidence of five years' continuous residence. They need to challenge any incorrect decision. Go to this page.

What if the EEA national / family member does not have 5 years continuous residence?

  • EEA nationals and certain family members who are "working towards" 5  years continuous residence are able to apply to the EU Settlement Scheme and be given pre-settled status to build up to 5 years.

    These will be people who
     have entered the UK by December 31st 2020 / 31st October 2019 (see time limits"), who have not yet been continuously resident in the UK for 5 years by that date, and who do not come under one of the circumstances to allow less than 5 years residence - described on this page. 

  • The Statement of Intent refers to pre-settled status as "Limited Leave to Remain" under the Immigration Act 1971, however the limitation of "no recourse to public funds" which affects some people subject to immigration control with "limited leave",  does not apply to people with pre-settled status. They therefore have the right to live, study, work and access service such as the NHS and social housing.

  • But NOTE pre-settled status does NOT grant entitlement to Universal Credit (not most other benefits). Amended reg 9 of UC regs 2013. They will need to show some other form of right to reside while building up to 5 years - but once the "right to reside" rules cease to apply (probably 31.12.2020) if they have not been continuously resident for 5 years, or have but have not converted their status to settled status, they may be unable to claim benefits unless some extension is given.

  • A person given pre-settled status should be contacted by a caseworker when they are coming up to 5 years' continuous residence, to remind them to convert it to settled status. If they don't do so, their status will lapse and they will need to re-apply to the EU Settlement scheme.

  • Non EEA national family members who have had pre-settled status for 5 years can then apply for settled status.

  • family member of an EEA national whose only relationship to an EEA national is as an unmarried partner, (or some other form of extended family member) MUST have a residence card in order to apply for pre-settled status. They need to apply on Form EEA (EFM) - link to gov.uk site here.

  • There is no charge to apply. (Though before 30th March 2019 people have to pay £65 upfront and claim it back after that date.)





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