FAQ

When should I apply for settled status if I already have pre-settled status?

A 2022 court case against the Home Office ruled that people who hold pre-settled status do not lose their rights if they do not make another EUSS application, which meant that their pre-settled status could not expire (see more details at our FAQ I saw that the IMA won a court case against the Home Office which says the EU Settlement Scheme is unlawful. What are the consequences of this case?)

However, we still strongly recommend that you apply for settled status as soon as you are eligible, which is as soon as you have 5 years’ residence in the UK.

• Settled status is a more secure status.
• Settled status makes it easier to demonstrate that you can be absent from the UK for 5 years (4 years for Swiss citizens and their family members) without risking your status.
• Settled status holders face fewer barriers to being eligible to welfare benefits than those with pre-settled status.
• With pre-settled status, a prison sentence of any length will break continuity of residence (unless the prison sentence occurred after you had already achieved 5 years’ continuous residence) meaning you will lose the ability to change from pre-settled to settled status.

Following the High Court judgment, changes made by the Home Office in July 2023 reflect the fact that you may also be able to demonstrate permanent residence rights without having settled status. However, it will be more cumbersome (requiring more evidence) to demonstrate those rights without a grant of settled status.

When you receive your decision email from the Home Office, the PDF attached to the email will explicitly mention which status you have. If you have pre-settled status, it will indicate the day your status expires. If you log into View & Prove, you can also see which status you have, and your expiry date if you have pre-settled status.

If you reach 5 years’ continuous residence before it expires, you can apply for settled status before your pre-settled status expires. For example, if you have been in the UK since 2017 and you received pre-settled status in 2019, then your pre-settled status expires in 2024. However, if you continue to live in the UK, you will reach 5 years’ continuous residence in 2022, at which point you can apply for settled status.

With pre-settled status, it is important not to break your continuity of residence. 

See also our FAQ How do I upgrade my pre-settled to settled status?