FAQ

Is settled status the same as indefinite leave to remain? I already have ILR. Do I need to apply to the EU Settlement Scheme for settled status?

If you have proof of your ILR (Indefinite Leave to Remain), you do not need to apply to the EU Settlement Scheme (EUSS).

• However, if you would have been eligible for the EUSS, you may still be able to make a late application - having ILR is likely to be accepted as reasonable grounds for a late application but we recommend getting some help from an advisor.
   
• If you do not wish to apply to the EUSS, and your proof is in the form of a biometric residence permit (BRP) then it will likely have an expiry date of 31 December 2024.  This is because the Government is moving to a digital immigration status. You will need to create a UKVI account to access an online version of your ILR, known as an eVisa. See this FAQ for more information.
   
• If you do not wish to apply to the EUSS, and your proof is in the form of a legacy document, such as a letter from the Home Office, or a stamp or vignette (sticker) in your passport, then you are encouraged to make a free 'No Time Limit' (NTL) application. Once your NTL application is decided, you will receive an eVisa.

Settled status under the EUSS is also called Indefinite Leave to Remain. However, there are some differences between EUSS-ILR and non-EUSS-ILR.

If you have non-EUSS-ILR, you will not be covered by the Withdrawal Agreement, which means you will lose your ILR after a continuous 2-year absence from the UK. People with settled status (EUSS-ILR) on the other hand only lose their status after a continuous 5-year absence from the UK (or after a 4-year absence for Swiss citizens). There are some other differences such as family reunion rights under the Withdrawal Agreement.

If you came to the UK before 1989, but you do not have ILR or have lost your evidence of ILR, then you and your children can choose to apply to the Windrush Scheme to get ILR - if you do not want to apply to the EU Settlement Scheme.

IMPORTANT NOTE: Permanent Residence is not the same as ILR (see our separate FAQ:  What is the difference between Indefinite Leave to Remain (ILR), Permanent Residence (PR) and a Registration Certificate (RC)? What is the difference between a biometric residence permit (BRP) and a biometric residence card (BRC)?)