Applying for Settled Status in the UK

In the face of the changes brought about by the United Kingdom’s exit from the European Union, more and more Poles permanently living and working in the United Kingdom are interested in settled status. Because of Brexit, British immigration law gained a new procedure, namely “settled status”. This procedure applies to European Union citizens living in Great Britain or Northern Ireland and to members of their families. The application is submitted electronically and in it you must: prove your identity, show that you live in Great Britain or Northern Ireland, and declare any criminal matters.

What is settled status and what benefits does it bring? What documents do you need to prepare in order to apply for settled status in the UK? Let’s find out.

Settled status in the UK - what does it mean?

Settled status is a procedure set out in British immigration law, introduced after the United Kingdom’s exit from the European Union. This status is granted under the Immigration Rules and is the equivalent of indefinite leave to remain. If, as a worker, you want to stay in the UK, take up a new job or keep your current one, or use healthcare and settle your taxes in England, you should apply for settled status.

Settled status in the United Kingdom has several important advantages. The first is that it does not expire if its holder has been outside the United Kingdom for a period of up to 5 years. It is also worth noting that at the moment the UK left the European Union, “Permanent Residence” status lost its validity. People holding settled status will be able to enter the United Kingdom on the basis of a passport or national identity card until 31 December 2025.

Who can apply for settled status?

You should be interested in settled status if you hold a permanent residence card, were born in the UK and do not hold citizenship, are a student planning to continue your studies in England, or your close family live in the United Kingdom and hold citizenship while you do not yet.

You can also apply for settled status in the United Kingdom if:

• you currently live in Switzerland or the EU but are in a relationship with someone who holds British citizenship,

• you are separated from your spouse from the United Kingdom, or you are the widower/widow of a UK resident who, during their lifetime, lived in the UK for at least 5 years,

• you are the parent or guardian of children living in the United Kingdom,

• you are the child of a parent or legal guardian who lives and works in the United Kingdom.

Settled status in the United Kingdom can be applied for by someone who holds documents proving at least 5 years of residence in the UK (including a minimum of 6 months of continuous residence each year).

There are 3 exceptions to this rule:

• If you had to complete compulsory military service abroad.

• If your child was born outside the United Kingdom and you went there.

• If there were other equally important reasons for you to leave the UK.

How do you apply for settled status in the UK?

The application is submitted electronically and in it you must: prove your identity, show that you live in Great Britain or Northern Ireland, and declare any criminal matters.

Your first step towards obtaining settled status, however, should be to set up an account on the website of the British Home Office. To do this, you will need a scan of your passport or another valid identity document and a digital identity photo. To submit the application, you will also need proof confirming your permanent residence in the UK, such as your National Insurance number.

You will then need to complete a short form with information about yourself. You will have to answer several questions, including:

• Do you have dual citizenship?

• Have you ever changed your first name or surname?

• Do you hold a valid UK permanent residence document?

It is also worth pointing out that if you complete such a form for other members of your family, your applications may be considered together. Applying for settled status with the British Home Office is free of charge. You will find all further information on this subject on the government website gov.uk.

Application submitted - what next?

On the day you submit your application, you will receive an email confirming that it has been submitted successfully. This message will contain your details and a 16-digit application number. You will need this application number in all contact regarding the progress of its processing. Processing complete applications usually takes around five working days, but it can take longer than a month if additional information is needed.

Once work on your application is complete, you can expect an email informing you of the outcome. Attached to the message, most likely at the end, will be a document containing confirmation of the decision made on your application and guidance on how to confirm your status online. Applicants may be granted settled status or pre-settled status, and which one depends on the length of your residence in the United Kingdom at the time of applying. It may also be important for you to know that, usually within 12 months of receiving settled status, you can apply for British citizenship.

Applying for settled status - the deadline

30 June 2021 is the final deadline for submitting applications to the British Home Office for those seeking settled status in the United Kingdom.

For most people, the final deadline for applying for settled status was the middle of last year. Nevertheless, it is still possible to submit so-called late applications (that is, where you have a justification for being unable to apply by the original deadline), applications for family members, or to seek to change your temporary (“pre-settled”) status to permanent (“settled”) status.

Can settled status be lost?

Pre-settled status can be lost by staying outside the United Kingdom for more than two years. Settled status, in turn, can be lost after more than 5 years of absence from the UK (4 years for Swiss citizens). Committing a serious crime can also result in settled status being withdrawn.

According to figures from the end of May 2021, almost 5.61 million people had applied, of whom 5.27 million had been granted status (settled or pre-settled), and around a million applications were submitted by Poles living and working in the UK. It is fair to say, then, that interest in this procedure is enormous. If you suspect that you will have difficulty providing all the necessary documents and completing all the formalities, make use of professional help.