If you were in the UK before 1 January 2021 and are not a British citizen or Irish citizen, you may need to apply for a settlement status uk. This gives you the same rights as an EU citizen to live and work in the UK, including access to state pension and other benefits.
How to make a settler status uk
To make an application for settled or pre-settled status you need to fill in the online form on the Home Office website. You don’t have to be in the UK to do this, although some people have to use a paper form for certain circumstances.
You need to prove that you have been living in the UK for a continuous five-year period. This is done by the Home Office using an automated check of government databases, such as HMRC. If they see that the applicant has lived here for five years or more, it will tell them whether they are eligible for settled or pre-settled status. If they don’t see this, it will ask the applicant to submit some documents to show that they have been living in the UK for a longer period of time.
The Home Office will only accept documents which have your name and date on them, so it is important to gather all the evidence you need before starting to fill in the application. You can upload up to 10 documents, though they will contact you if more are needed.
If you aren’t sure what type of documents to submit, ask your local Citizens Advice. They can help you find out which documents are most likely to be accepted and how to fill in the online application.
How to apply for pre-settled or settled status
You can apply for pre-settled or settled settlement from the EU Settlement Scheme (EUSS) if you are an EU citizen and have been in the UK for less than 5 years by 31 December 2020. You can also apply if you are an EEA family member and have not yet reached the five-year threshold.
Your application will go to a human decision-maker who will decide if you are eligible for settled or pre-settled settlement. You can appeal if you are refused either settled or pre-settled settlement.
There are some exemptions to the 5-year rule that don’t count towards a five-year qualifying period, for example if you have two periods of absence that are over six months each and one of these was due to the coronavirus. But you need to prove that the time spent abroad was for a “coronavirus related reason” and not just because of travel disruption, illness or simple preference.
The EU Settlement Scheme is a statutory right of appeal for anyone who is refused settled or pre-settled settlement and has not been given a positive decision by the Home Office. This means that you can get a review by an independent judge to decide whether you should have been granted settled or pre-settled status.
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