Pre-Settled Status Under the EU Settlement Scheme: Your Complete 2025 Guide

The EU Settlement Scheme (EUSS) remains one of the most important immigration pathways for EU, EEA and Swiss nationals living in the UK. If you’re unable to meet the full five year residence requirement for Settled Status, Pre-Settled Status offers a crucial stepping stone to secure your future in Britain.

What is Pre-Settled Status?

Pre-Settled Status is a form of limited leave to remain granted to EU, EEA and Swiss citizens and their family members who haven’t yet completed five years of continuous residence in the UK. This status allows you to stay in the UK for five years whilst you build up the qualifying period needed for full Settled Status.

Think of it as a bridge between your current situation and permanent residence rights. You’ll have nearly all the same rights as UK residents, including the ability to work, study, and access public services.

Who Can Apply for Pre-Settled Status?

EU, EEA and Swiss Citizens

You can apply if you’re a citizen of an EU country, Iceland, Liechtenstein, Norway, or Switzerland and you started living in the UK by 31 December 2020. The key requirement is that you cannot demonstrate five years of continuous residence yet.

Family Members

The scheme also covers family members of EU, EEA or Swiss citizens, including:

• Spouses, civil partners, and unmarried partners
• Children, grandchildren, and great-grandchildren under 21
• Dependent children over 21
• Dependent parents, grandparents, and great-grandparents
• Other dependent relatives

For those needing to bring family members from outside the UK, you may need to apply for an EUSS Family Permit first. If you’re looking at other family visa options, our comprehensive UK dependant visas guide covers various routes available.

Special Categories

You might also qualify if you’re:

• A family member who has retained residence rights after relationship breakdown or bereavement
• A family member of a British citizen who lived together in an EEA country (Surinder Singh cases)
• A primary carer of a British, EU, EEA or Swiss citizen
• Someone with derivative or Zambrano rights to reside

Application Deadlines and Late Applications

The main deadline for EUSS applications was 30 June 2021. However, you may still be able to apply late if you have reasonable grounds for missing the deadline.

For Swiss nationals, there’s additional flexibility – they can bring spouses or civil partners to the UK until 31 December 2025 if the relationship began between 31 December 2020 and 31 December 2025.

Family members of British citizens who lived in EEA countries had until 29 March 2022 to apply, though late applications are possible with good reasons.

Major Changes in July 2025: The New 30-Month Rule

Recent changes to the Immigration Rules have made qualifying for Settled Status much easier. From 16 July 2025, the Home Office introduced a more flexible approach to calculating continuous residence.

What’s Changed?

Previously, you needed to maintain continuous residence with no more than six months’ absence in any 12 month period (with limited exceptions). Now, you have two options:

• Traditional Route: Follow the existing rules showing continuous five year residence with minimal absences
• New 30 Month Rule: Show you’ve been resident in the UK for at least 30 months out of the most recent 60 months

This change is revolutionary. It means you can have much longer periods abroad and still qualify for Settled Status, as long as you’ve spent at least half of the last five years in the UK.

Why This Matters

Many Pre-Settled Status holders inadvertently broke the strict continuous residence rules, particularly during the pandemic. The new rule provides a lifeline for those who thought they’d lost their path to settlement.

Importantly, your 30 months of residence can be any months within the 60-month period – they don’t need to be consecutive or recent.

Rights and Benefits of Pre-Settled Status

With Pre-Settled Status, you can:

• Work in any job without restrictions
• Study at any level, including accessing student finance
• Use the NHS
• Claim benefits and tax credits (subject to usual eligibility rules)
• Travel in and out of the UK freely
• Bring family members to the UK
• Apply for British citizenship once you get Settled Status

You can spend up to two years outside the UK without losing your Pre-Settled Status, though you’ll need to maintain some UK residence to eventually qualify for Settled Status.

How to Apply

Application Process

Applications are made online through the government’s digital service. You’ll need to:

• Prove your identity using the UK Immigration: ID Check app or by posting documents
• Show you were living in the UK by 31 December 2020
• Declare any criminal convictions
• Pay no fee (the service is free)

Required Documents

You’ll typically need:

• Valid passport or national identity card
• Evidence of residence in the UK (such as bank statements, council tax bills, or employment records)
• Evidence of any relationships if applying as a family member

Processing Times

The Home Office aims to process applications within five working days, though complex cases can take up to a month. Current delays mean some applications are taking considerably longer.

From Pre-Settled to Settled Status

Once you can demonstrate five years of qualifying residence, you can apply for Settled Status. With the new rules, this could be through either:

• Traditional continuous residence (minimal absences)
• The new 30 month rule (30 months present in the last 60 months)

You must apply for Settled Status before your Pre-Settled Status expires. The good news is that many eligible people will automatically be upgraded to Settled Status without needing to make a fresh application.

Common Mistakes to Avoid

Residence Documentation

Keep thorough records of your time in the UK. Bank statements, employment records, and official correspondence all help prove residence. Don’t rely solely on entry/exit stamps, as these aren’t always stamped.

Understanding Absences

Under the new rules, calculate your absences carefully. While the 30 month rule offers flexibility, you still need to prove your UK residence for those 30 months.

Missing Deadlines

If you missed the original deadline, don’t assume you’re ineligible. Late applications are still possible with reasonable grounds.

Getting Professional Help

Immigration law is complex, and the stakes are high. Consider getting professional advice if:

• Your case involves complex family relationships
• You have significant periods of absence from the UK
• Your application was previously refused
• You’re unsure about meeting the requirements

Our experienced immigration solicitors in Manchester can provide expert guidance on EUSS applications and help with challenging UK visa refusals if needed.

Looking Ahead: Brexit and Your Rights

Pre-Settled Status provides security in a post-Brexit UK. It’s based on the Withdrawal Agreement between the UK and EU, which protects the rights of EU citizens who were living in the UK before the end of the transition period.

Your status is not affected by changes in UK-EU relations, and you retain a clear path to permanent settlement and eventually British citizenship if you choose.

Frequently Asked Questions

Can I lose my Pre-Settled Status? 

You can lose it if you’re absent from the UK for more than two consecutive years, commit serious crimes, or if it was obtained fraudulently.

What if I can’t prove five years of residence?

That’s exactly what Pre-Settled Status is for. You get five years to build up your qualifying period whilst maintaining your legal status.

Can my children get British citizenship? 

Children born in the UK to Pre-Settled Status holders don’t automatically get British citizenship, but they can apply once you get Settled Status.

What about healthcare? 

You’re entitled to NHS treatment on the same basis as UK residents, and you don’t need to pay the Immigration Health Surcharge.

 

If you’re eligible for Pre-Settled Status but haven’t applied, don’t wait. Late applications are more complex and uncertain than timely ones. The scheme provides vital protection for your right to remain in the UK and maintain your life here.

The recent changes make the path to settlement clearer and more achievable for many people. Whether you’re just starting your UK residence or have been here for years with complex absence patterns, there may be options available that weren’t there before.

For those considering other immigration routes, you might also want to explore options like the UK Ancestry Visa if you have British ancestry, or various work visas if you’re looking to change your immigration status.

Remember, this isn’t just about immigration status it’s about securing your future, your family’s future, and your place in the community you’ve made your home.

Need help with your Pre-Settled Status application? 

While this guide gives useful information, every case is different. Speak to a qualified immigration solicitor in Manchester today for expert advice tailored to your situation. 

Call us today on 0161 464 4140 or book an appointment online with Solicitors in Manchester for free initial consultation.