British Settled Status: 7 Rights and Easy Application Process

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In this blog you will learn all about British settled status, the rights it grants, and the application process. If you are EU national discover if you qualify for settled status and how it affects your residency rights in the UK post-Brexit.

What rights does British settled status grant?

British settled status (EU Settlement Scheme) affords EU citizens and their families’ certain rights in the UK following Brexit:
Right to live.
Right to work.
Access to public services, such as the NHS and state benefits.
Apply for British citizenship, follow this link to read our guide: BRITISH CITIZENSHIP.
Ability to spend up to five consecutive years outside the UK without losing your settled status.

Eligibility criteria for British settled status

1. Be an EU (or Switzerland, Norway, Iceland, Liechtenstein) citizen, or family member of one. 

2. Continuous residence in the UK for 5 years which means you must be living in the UK for at least 6 months in every year. If you have not resided in the UK for this time, you may be eligible for pre-settled status.

3. Applicants must have begun living or entered the UK by the 31^st of December 2020. Family members, such as a spouse/partner, child, grandchild, parent, or grandparent) can join you after this date.

4. You must apply by the 30^th of June 2021. Or some may be able to apply after this deadline if you are going from pre-settled to settled status; applying to join a family member currently residing in the UK; have a work, study, or family visa.

If you do not qualify for all the above, you can only stay in the UK as a visitor for a maximum of 6 months. Applying for certain visas are necessary if you wish to remain living in the UK. Follow this link to browse your visa options: https://www.gov.uk/apply-to-come-to-the-uk. 

Application process for British settled status

The application is free.

Step 1: Either apply online or using a paper form.

1. Paper form:

Contact the EU Settlement Scheme Resolution Centre on 0300 123 7379 (if you are outside the UK +44 203 080 0010) to ask for a paper form.

Your form will arrive after a couple of weeks with some of your details filled in. It is your job to read through the form and contact the Resolution Centre above if you find any mistakes.

Send the form by post along with your passport photo and supporting documents which are discussed below under Step 3.

2. Online:

The rest of applicants will apply online. For instance, if either form of identity above is expired and you are applying outside the UK you can apply online.

Step 2: Locate your identity document which includes any of the following:

• Passport or national identity card if you are an EU (or Switzerland, Norway, Iceland, Liechtenstein) citizen.
• Passport or BRP if you are from outside the above, for instance a non-EU family member.

Step 3: Scan the identity document using one of the following:

• An Android, iPhone 7 or above using the Home Office’s ‘EU Exit: ID Document Check’ app. Follow their step by step scan guide here: https://www.gov.uk/guidance/using-the-eu-exit-id-document-check-app. 
• Document scanning centre which you will usually have to pay for. Browse the location of your nearest scanning centre here: EU Settlement Scheme: ID document scanner locations – GOV.UK (www.gov.uk).

If you are unable scan the identity document using the methods above or the identity document is not biometric applicants must post their identity document to the Home Office. An address will be given during the application process.

Note that those applying from outside the UK must scan their identity document and cannot post it: EU Settlement Scheme: applying from outside the UK – GOV.UK (www.gov.uk).

Step 4: Proving Continuous Residence – Required Documents & Timeframe

Once you have scanned your identity document you will be returned to the online application form to complete. All applicants have 70 days to complete the form. Now you must prove the continuous residence criteria. There are two ways to do this:

1. Provide a National Insurance number (this can be found on either a payslip or HM Revenue and Customs letter) or;
2. Upload documents (maximum of 10):

• Letter from UK employer.
• Payslip.
• P60 or P45.
• Pension statement.
• Water, gas electricity, or council tax bills which contains your UK address.
• Tenancy agreement with bank statements showing that you have made the payments.
• Bank statements.
• Passport stamp showing when you entered the UK.

Follow this link to see more documents which can be used to prove your continuous residence: Annex A: documentary evidence of continuous residence in the UK – GOV.UK (www.gov.uk).

Step 5: Criminal Record Disclosure for Applicants 18+

Applicants who are 18 or above must answer questions surrounding any criminal records you hold.
A criminal record includes being convicted at a magistrate’s court or crown court in England and Wales, or the equivalent in Scotland.

Step 6: Book a biometric appointment if both apply

• You are not from either the EU, EEA or Switzerland.
• You do not have a BRP.

Step 7: Digital Access to Settled or Pre-Settled Status

If you application is successful your settled or pre-settled status can be accessed digitally. There is no physical version available.

FAQs About British settled status

Summary

Holding settled or pre-settled status is extremely important following Brexit. Using Henleaze Law’s guide see if you meet the eligibility criteria and discover the application process whether that be online or by post. 

Please contact our expert team of immigration lawyers at Henleaze Law on 0117 908 4625 for legal assistance on how to apply for British settled status now that the deadline has passed or advice on how you can remain living in the UK under work, study, or family visas.