Settled Status vs Permanent Residence: What Is the Difference?

Is settled standing the identical as everlasting residence?

EU settled standing and UK everlasting residence are usually not the identical. EU nationals at the moment within the UK – each with or and not using a everlasting residence card – who’re wising to stay lawfully in Britain past 30 June 2021 might want to take steps to safe their standing.

The next information appears to be like on the distinction between settled standing and everlasting residence, and the impression of your standing as an EU citizen within the UK in your eligibility to use to naturalise as a British citizen.

What’s everlasting residence?

EU residents, in addition to EEA and Swiss residents, together with non-EEA relations, purchase an automated proper of everlasting residence in host EU member states wherein they’ve legally resided for a steady 5-year interval.

Previous to the UK leaving the EU, it was not a compulsory requirement for qualifying EU residents to use for a everlasting residence card within the UK to show their standing, however the everlasting residence doc was wanted to use for British citizenship or to be used as documentary proof with authorities, employers or different administrative formalities.

Now that the UK has left the EU, it’s now not attainable to use for a everlasting residence card within the UK.

EU residents are as a substitute required to make the free utility to register for EU settled standing.

If you have already got a everlasting residence doc, this is not going to be legitimate from 1 July 2021. Once more, you have to to use for settled standing to substantiate your standing.

What’s EU settled standing?

Following the top of EU freedom of motion and the introduction of a brand new points-based immigration system, new guidelines now apply to EU residents within the UK.

EU residents coming to the UK from 1 January 2021 might want to apply to the Dwelling Workplace for related permission (normally a visa) to return to the UK.

EU nationals already within the UK (and their relations) by 31 December 2020 are required to register for settled standing by 30 June 2021 to safeguard their indefinite, lawful standing within the UK.

EU settled standing is the official grant of immigration standing by the Dwelling Workplace that can enable you as an EU citizen to proceed to dwell, work and examine within the UK on an indefinite foundation. With settled standing, you keep full entry to healthcare and, the place eligible, any public funds together with state advantages and pensions.

As such, these with settled standing will proceed to entry to the identical rights and advantages they have been entitled to below the earlier free motion guidelines. They will even be entitled to go away the UK for as much as 5 years with out shedding their standing, and any youngsters born within the UK will routinely be classed as British residents.

Nevertheless – EU settled standing is just not an automated proper. EU residents might want to apply for, and be granted, EU settled standing. From 1 July 2021, EU residents can be required to supply proof of their settled standing, for instance to their employer as a part of a Proper to Work verify.

The Authorities has suggested that EU residents who fail to use for settled standing earlier than the deadline of 30 June 2021 will now not have the correct to stay within the UK lawfully.

How do I qualify for settled standing?

To qualify for settled standing below the EU settlement scheme you would wish to indicate that you’ve got lived within the UK for a steady interval of 5 years.

To fulfill the 5-year steady residence requirement, topic to sure exceptions comparable to time overseas within the armed forces, you should have lived within the UK for a minimum of 6 months in any 12-month interval.

Please word, if you have already got everlasting residence and apply for settled standing, you’ll not should show you’ve 5 years’ steady residence.

You’ve gotten till the 30 June 2021 to use below the EU settlement scheme. Your rights will stay unchanged till then, supplied that you just have been resident within the UK by 31 December 2020, or the date the UK leaves the EU if there’s no deal.

What’s pre-settled standing?

Particular provision was made below the EU settlement scheme for EU residents who haven’t attained the 5 years steady residence required for full settled standing.

Those that moved to the UK previous to 31 December 2020 however who haven’t but on the time of their utility lived within the UK for five years, can be granted pre-settled standing. It will give the profitable applicant the correct to remain within the UK for a interval of 5 years, at which era they’ll apply for full settled standing.

EU residents with pre-settled standing who left the UK in response to the COVID pandemic could discover their eligibility below the continual requirement has been compromised by their absence. Dwelling Workplace steering states that a person with pre settled standing who has been absent from the UK for greater than six months inside any 12-month interval of the 5-year qualifying residency will lose their proper to use for full settled standing, until they’ll show distinctive circumstances apply. Solely absence because of sickness with COVID or because of pressured quarantine could also be thought of as an exception to the absence requirement.

Am I eligible to use for settled standing?

In case you are an EU, EEA or Swiss citizen, or the member of the family of an EU, EEA or Swiss citizen, you can be eligible to use for settled standing below the EU settlement scheme. The EEA, ie; the European Financial Space, contains EU international locations, along with Iceland, Liechtenstein and Norway.

It doesn’t matter if you’re a non-EEA member of the family, you may come from anyplace on this planet. The next non-EEA relations can be eligible for settled standing:

• Spouses, civil companions and single companions
• Youngsters, grandchildren or great-grandchildren below 21
• Youngsters over 21 who’re dependent
• Mother and father, grandparents or great-grandparents who’re dependent
• Dependent kin.

Candidates can apply on-line and might want to show their id and steady 5-year residence within the UK, or much less for pre-settled standing. Felony background checks will even be carried out for candidates over 18. The scheme is now open and there may be at the moment no price to use.

Settled standing eligibility & absence from the UK because of COVID

In response to the COVID pandemic, many EU residents took the choice to go away the UK and return to their house nation, maybe to work remotely or because of caring obligations.

Latest UK authorities steering, nevertheless, signifies this era of absence could detrimentally have an effect on the person’s eligibility to qualify for full settled standing.

The continual residence guidelines require that if a person is absent from the UK for greater than six months in any 12-month interval throughout their qualifying five-year residency, they now not qualify for full settled standing, until distinctive circumstances apply.

The problem is whether or not prolonged absence from the UK as a result of pandemic qualifies as an distinctive circumstance.

Dwelling Workplace steering in January 2021 has said that solely in circumstances the place the person can present their absence was because of having been in poor health with COVID or because of pressured quarantine could also be thought of as an exception to the absence requirement.

This implies EU residents with pre-settled standing who’ve been out of the UK for greater than six months throughout the pandemic will lose their automated proper to full settled standing and to return to the UK to dwell with lawful indefinite standing, until they’ll show distinctive circumstances.

Do I must register for settled standing if I have already got a everlasting residence?

To proceed dwelling within the UK after 30 June 2021, EU residents and their relations, together with those that have already obtained everlasting residence, should both register for settled standing below the EU settlement scheme or, alternatively, apply to naturalise as a British citizen earlier than 30 June 2021.

As beforehand indicated, if you have already got everlasting residence and apply for settled standing, you’ll not should show you’ve 5 years’ steady residence.

Please word, everlasting residency paperwork will turn out to be invalid after the applying deadline for settled standing below the scheme. Please additionally word that though EU residents with indefinite go away to stay do not need to use for settled standing below the EU settlement scheme, they’re strongly suggested to take action to proof their ongoing proper to dwell and work within the UK.

How do I do know if I’ve legitimate everlasting residence doc?

To confirm whether or not you’ve a legitimate everlasting residence doc you have to to search for one of many following:

• A certificates inside your blue residence documentation booklet, or pink if you’re a Swiss nationwide
• A certificates inside your passport
• In case you are from the EU, EEA or Switzerland your everlasting residence doc will say “Doc Certifying Everlasting Residence”
• In case you are not an EU, EEA or Swiss citizen, your biometric residence card will say “Everlasting Residence Standing”.

Please word a “registration certificates” is just not a everlasting residence doc.

Making use of for British citizenship

EU, EEA and Swiss nationals over the age of 18 who’ve held everlasting resident standing within the UK for a minimum of 12 months, and maintain a everlasting residence doc from the Dwelling Workplace, could also be eligible to use for British citizenship by the use of naturalisation, supplied they meet all of the eligibility standards.

For EU, EEA and Swiss residents, and relations, who’ve routinely acquired everlasting residence however who do not need a legitimate everlasting residence doc, they might want to apply for settled standing to allow them to make an utility for British citizenship by the use of naturalisation.

EU, EEA and Swiss nationals who’ve held settled standing for a minimum of 12 months could also be eligible to use for British citizenship.

Settled standing holders will have to be conscious that settled standing in itself might not be proof of previous “lawful residence” within the UK – a key requirement for naturalisation.

Underneath present pointers, settled standing is restricted to proof of ‘bodily residence’, which isn’t the identical as dwelling in accordance with the EEA Rules 2016, as is required to qualify for naturalisation.

This technicality could impression the eligibility of settled standing holders to make a citizenship utility. For instance, chances are you’ll want to attend longer then 12 months with settled standing to collect the documentary proof to show the qualifying interval of lawful residence, or that you’ve got spent the qualifying interval as both a job seeker, employee, self-employed, self-sufficient or scholar, and having complete illness insurance coverage.

This can be a complicated and rising space of nationality legislation, and will probably be essential to take recommendation in your circumstances as to your eligibility to naturalise and the timing of the applying.

Contact us for recommendation in your circumstances and the applying course of to naturalise as a British citizen.

Everlasting residency v settled standing FAQs

Final up to date: 10 February 2021