Applying for settled status in the UK

Table of Contents:

1. What is settled status?
2. Who can apply for settled status?
3. What are the benefits of having settled status?
4. Pre-settled status
5. How do I apply for settled status in the UK?
6. Can you lose settled status?

The UK’s exit from the European Union has brought many changes for Poles living and working in the UK. Currently, those who wish to make the UK their long-term home must apply for settled status in order to live legally in the UK. This article explains what settled status is, what you need to do to get it and how to apply correctly.

What is settled status?

The settled status application was created for foreign nationals living and residing in the UK. Before the introduction of settled status, a five-year stay in the UK allowed individuals to apply for permanent residency and a residence card, which could then lead to British citizenship.

However, Brexit introduced significant changes in this area. Today, the legal basis for staying in the UK is through settled status. This requirement does not apply to individuals with dual citizenship (such as Polish and British/Irish).

Who can apply for settled status?

You can apply for settled status if:

• You live in the EU or Switzerland and are in a relationship with a UK citizen,
• You are separated from your UK spouse or are the widow/widower of a UK resident who has lived in the UK for at least five years,
• You are a parent or guardian of children who live in the UK,
• You are a child of a parent or guardian who lives and works in the UK,
• You are a student planning to continue your studies in the UK,
• You have close family members living in the UK who are British citizens.

You can apply for settled status if you have evidence of at least five years’ residence in the UK. You must also meet the requirement of being in the UK for a continuous period of six months each year.

Exceptions to the rules include:

• Compulsory military service abroad,
• Having a child born abroad and travelling to join them,
• Other valid reasons.

People who do not need to apply:

• Indefinite leave to remain in the UK,
• Indefinite leave to remain in the UK (confirmed by a passport stamp or a letter from the UK Home Office),
• UK or Irish citizens (including those with dual nationality),
• EU, EEA, and Swiss citizens who arrived in the UK before it joined the EU,
• Cross-border workers (people who work in the UK but live elsewhere).

What are the benefits of having settled status?

Once you have settled status, you can work and live legally in the UK. You can also

• Start or continue your education,
• Access public healthcare through the NHS,
• Find accommodation and employment in the UK,
• Be eligible for benefits such as unemployment benefit or a pension,
• Receive government student loans,
• Travel freely to and from the UK without additional visa requirements.

Pre-settled status

If you cannot apply for settled status but need to legalise your stay in the UK, you can apply for pre-settled status. This is available if you have lived in the UK for less than five years or cannot prove a longer period of residence.

With settled status, you can live, study and work in the UK for up to five years. However, there may be some restrictions on benefits. You can still do this:

• Work in the UK,
• Get public healthcare,
• Start or continue your education,
• Access public funds such as benefits and pensions (if you meet certain requirements),
• Travel to and from the UK.

How do I apply for settled status in the UK?

Settled status can only be granted if you, as a foreign national, submit the necessary application. Documents can be completed either via the UK government website or a mobile application.

The application procedure is fortunately very clear and completely free of charge. The first thing you need to do is prepare the necessary documents:

• Proof of identity, such as an ID card, passport or other document confirming your identity (if you don’t have an ID for any reason, you can contact the EU Settlement Scheme Resolution Centre),
• A residence card (if applicable) or proof of permanent residence in the UK,
• A digital photograph of your face.

Next, you will need to create an account on the Home Office website. You will need your passport, a digital photograph and proof of residence in the UK.

The final step is to complete the application form, which involves answering a number of questions. It’s important to note that to apply for pre-settled or settled status, you must be physically present in the UK and provide a UK address.

The application process is linked to data from HMRC and the Department for Work and Pensions. As a result, people who are working, paying tax or receiving a pension usually don’t need to provide additional documentation to prove their UK residency.

What happens after I submit my application for settled status?

Once you have submitted your application, you will need to wait for it to be processed. This usually takes five working days, but can take up to a month if additional information is required.

Once you’ve successfully submitted your application, you can travel to and from the UK even if you haven’t received an official decision. Submitting your application is enough to confirm your status, which you can view on the mobile app.

After receiving settled status, you can apply for British citizenship after 12 months.

After receiving settled status, you can apply for British citizenship after 12 months.

You can lose pre-settled status if you stay outside the UK for more than two years. Settled status can be lost if you remain outside the UK for five years. Committing a serious crime can also lead to the loss of your status.

Settled status application – summary

• Settled status allows you to live and work legally in the UK,
• If you have lived in the UK for less than five years, you can apply for pre-settled status,
• Settled status gives you access to social benefits,
• You can apply online,
• The process is free of charge,
• You will typically receive a decision within five working days, although it may take up to a month,
• You can lose settled status if you have been absent from the UK for a long time or have committed a serious crime.