Apr 2 2022
How to view and prove your status and share this with third parties

Third parties may include employers and landlords.

It is important to note that EEA citizens should still be able to show their identity documents to prove their rights in the UK until 30 June 2021.

The Home Office will not issue physical proof of your status unless you are a non-EEA family member who has not previously been issued a biometric residence card.

The confirmation email and the PDF letter you receive are not proof of your status so you will need to log in to your online profile to prove your status.

To log into your online profile, you will need to:

  1. chose the identity document you used in your application, for example:
  • Biometric residence card (BRC)
  • National identity card
  • Passport
  1. enter your passport/ID card/ BRC number
  2. enter your date of birth
  3. confirm who you are

A ‘one-time’ six-digit access code will be sent to your phone or email address, depending on what you have specified. This code is valid for a limited time. Once you enter it, you will be logged into your online profile and be able to view your Pre-Settled or Settled Status.

Once you have logged into your online profile, you can also navigate to “Prove your status to someone” and receive a ‘share code’ to prove your status to others, such as employers and landlords.

developer 0 Comments
Apr 2 2022
Don’t lose your Settled or Pre-settled status

If you have been granted Settled Status (also referred to as Indefinite Leave to Remain), you can spend up to five years in a row outside the UK without losing your status unless you are a Swiss citizen or the family member of a Swiss citizen.

Note that if you’re a Swiss citizen or the family member of a Swiss citizen, you can only spend up to four years in a row outside the UK without losing your Settled Status.

If you spend over this amount of time outside the UK without returning, your Settled Status will lapse. If this does occur and you wish to return to live in the UK, you will need to make a new application under a different route. Please note that the new application will need to meet the Immigration Rules in force at the time and therefore it is possible that some people may not be eligible to apply to return to live in the UK if their settled status lapses.

The Home Office can revoke your status if:

  • You commit a serious criminal offence; or
  • The Home Office believes that you submitted false information as part of your application.

Pre-Settled Status (also referred to as Limited Leave to Remain) is a temporary status that is valid for five years. If you want to stay in the UK for longer than this, you must apply for Settled Status within that five-year period.

It is possible to spend up to 2 years outside the UK without losing your Pre-Settled Status. However, if, for example, you spend a continuous year and a half out of the UK, though you will retain your Pre-Settled Status, it is unlikely that you will qualify for Settled Status. This is because you will not be able to demonstrate the required ‘continuous residence’ in the UK for at least five years. At present, there is no provision to extend a grant of Pre-Settled Status and so if you are unable to qualify for Settled Status before the expiry of your ‘Pre-Settled Status’, you may have to apply to remain in the UK on another basis.

If you spend more than two years outside the UK, your Pre-Settled Status will lapse. Your pre-settled status can be revoked if you commit a serious criminal offence, or the Home Office believes you submitted false information with your application.

 

developer 0 Comments
Apr 2 2022
Moving from pre-settled status to settled status

If you have been granted pre-settled status, you will still need to apply for settled status or you will lose your legal right to stay in the UK. You do not have to wait until the expiry date of your Pre-Settled Status stated in your Home Office decision letter.

As soon as you have lived in the UK continuously for five years, you should apply for settled status.

You need to have spent 5 years in a row living in the UK to switch from pre-settled to settled status.

During these 5 years, you can spend up to 6 months outside the UK in any 12-month period.

You might not be able to get settled status if you spend more than 6 months outside the UK.

The day your 5 years starts depends on whether:

  • you’re from the EU, EEA and Switzerland
  • you’re from a country outside the EU, EEA or Switzerland

If you’re from the EU, EEA or Switzerland

Your 5 years starting from the day you started living in the UK, not the day you got pre-settled status. You can apply for settled status before your pre-settled status expires – it’s a good idea to do this as soon as you have lived in the UK for 5 years.You don’t have to wait until your pre-settled status is about to expire to apply for settled status.

If you’re from a country outside the EU, EEA or Switzerland

The rules about when your 5 years of residence starts are different depending on if you’re a close family member or an extended family member.

You’re a close family member if you’re a:

  • husband, wife or civil partner
  • dependent parent or grandparent
  • child or grandchild under 21 years old
  • dependent child aged 21 or over

Your 5 years starts from either the day you arrived in the UK or the day you became a close family member of an EU, EEA or Swiss citizen, whichever was later. For example, if you came to the UK then married a German citizen, your 5 years starts on the day you got married. It doesn’t matter if the EU, EEA or Swiss citizen didn’t have settled or pre-settled status at the time.

You’re an extended family member if you’re a:

  • long-term partner who isn’t married or in a civil partnership
  • brother or sister
  • aunt or uncle
  • niece or nephew
  • cousin

If you had a family permit when you arrived in the UK, your 5 years starts on that day. If you didn’t have one of these, your 5 years starts the day you got a residence card.

developer 0 Comments