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Pre-Settled Status Application And Benefits For EU Citizens

A huge volume of water has passed under the bridge since the UK’s EU in-out referendum in 2016. In fact, for much of the time, it felt like we were all riding on white water rapids. Perhaps the biggest event that has happened since is that the UK has now left the EU. To most of us, it hardly seems like much has changed, emboldening those who ‘knew’ that leaving the political union was economically inconsequential. However, the reason it feels as though nothing has changed is that the UK has an extension agreement with the EU which is allowing us to trade and travel on the same terms. The true test will come on 1st January 2021 when the extension period ends and we will all see the impacts for the UK and the EU. While this is creating uncertainty for everyone, for EU citizens currently in the UK wishing to remain, this worry is magnified. It is for this reason that understanding your options as an EU citizen in the UK is paramount. In this article, we will explain the EU Settlement Scheme, and in particular, what is meant by ‘Pre-Settled Status’ and the benefits this offers in terms of long-term security for you and your family.

The EU Settlement Scheme

The EU Settlement Scheme (EUSS) was introduced by the UK Government in 2019 as a way of allowing citizens from the EU, EEA, and Switzerland to remain in the UK at the end of the current transition period. Anyone who is eligible to remain in the UK under the scheme is not automatically registered and they need to apply individually by 30th June 2021.

Those applying through this scheme will (if they are eligible) receive either Pre-Settled Status or Settled Status. Pre-Settled Status is awarded to applicants who have been in the UK continuously for less than five years. Settled Status is given to those who have been in the UK continuously for five or more years, and hence already meet the criteria for permanent residence.

Understanding the deadlines and qualification periods for the EUSS

While the scheme is open for applications until 30th June 2021, this is only for EU/EEA/Swiss citizens who are living in the UK as of 31st December 2020. In order to qualify for full Settled Status, applicants must have spent five years in a row in the UK, the Channel Islands or the Isle of Man for at least six months in any 12-month period. The six-month absence may be made up of one or multiple trips outside of the UK.

If you do not meet the criteria for full Settled Status, you will typically be given Pre-Settled Status. Under this Status, you can remain in the UK and once you have reached the five-year qualification period, you will be able to apply for Settled Status. If you are currently close to reaching the five-year period in the UK and will do so before the end of 2020, you can delay submitting your EUSS application to avoid having to apply twice.

But beware; one of the EUSS absence rules states that if you are imprisoned, deported/excluded/or removed from the UK, or outside of the UK for more than six months in one of the five years, then the time you have acquired may be reset, meaning you have to start again. If this does apply and you return to the UK on or after 1st January 2021, your right to secure Pre-Settled or Settled Status may be lost.

Does Pre-Settled Status confer the same rights as Settled Status?

The main difference is the Pre-Settled Status provides limited leave to remain for five years, whereas Settled Status is indefinite. Those with Pre-Settled Status have the right to live, work, and seek healthcare treatment from the NHS, but not to apply for benefits (e.g. universal credit) as they do not have the “right to reside”.

What happens if I am wrongly given Pre-Settled Status?

In recent months, there has been widespread concern that people who are eligible for the Settled Status are being given Pre-Settled Status. It is unclear whether this is due to an error on behalf of Home Office case officers, or an incorrect understanding of the rules by applicants. Thankfully, under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020, those who believe they have wrongly been given Pre-Settled Status will have a right of appeal. The right of appeal guidance states, “Anyone who makes a valid application to the EUSS on or after 11 pm on the 31st January 2020 will have a right of appeal where they are refused or where they are granted pre-settled status and believe they qualify for settled status”.

If you are concerned that you have wrongly been awarded Pre-Settled Status by the Home Office, it is recommended that you engage the services of immigration Solicitors who can double-check the amount of time you have accrued in the UK, and where this is five years or more, they will appeal to have your decision changed to Settled Status.

Final words

It is true that Pre-Settled Status is not as secure a full Settled Status, but it is more secure than no status at all. And once you have Pre-Settled Status, you will later be able to apply for Settled Status. Anyone from the EU/EEA who has not yet applied for any reason should apply as soon as possible. The EUSS scheme is free and relatively quick and easy to apply for. By applying for and securing Pre or Settled Status, you will be able to relax in the knowledge that you have done all you can to protect the residence rights of you and your family.

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ACQ5 Awards Award ACQ5 Awards Award
Lexis Nexis Lexis Nexis
Three Best Rated Three Best Rated
Department For International Development Department For International Development
University Of Cambridge University Of Cambridge

O.L

Andy Tieu is absolutely amazing.

As a lawyer myself I can categorically say that he knows his stuff, gentle, responsive, cares about you and not just about the money, very professional.
I mean I can go on and on!

Andy and the entire team at Reiss Edwards are amazing!

Thanks again Andy.

Kiran Sardar


I found Joe very helpful and tremendous patience which is a must in this professional as there are lots of emotions always involved in each and every case.

The way they dealt with my case during COVID19 Situation is highly appreciable. I would definitely recommend Joe D. and Anna F. Anna is an amazing lady, her patience is beyond my words.

Her hard work and professionalism have no boundaries. She is the right person for all type of cases.

Thanks to Anna and Joe for all your support and guidance which helped me fulfill my dream.

I would say Reiss Edwards is lucky to have Joe D. and Anna F. Great job Reiss Edwards.

thanks once again. Anna you’re a Gem and a Star.

Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was outstanding. Handling the case with constant correspondence over a lengthy, lockdown delayed 7-month application process. Her expert advice guided us successfully through some difficult times as a result of COVID-19. Some of the best service I have received for any service ever! Often replying to emails late at night, offering to send additional correspondence to the home office and going above and beyond in handling our case! Well done and thank you Reiss Edwards and thank you Anna!!".

Isaac .T

"Professional service. I was very impressed with the fact that my ILR application was successful 6 weeks after the submission amidst the COVID-19 pandemic. I also think the portfolio put together by the team at Reiss Edwards has played a big part in the quick turnaround of my application".

Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee. I would heartily recommend them to anyone looking to secure a Visa and /or Visa renewal. I will use them again when mine needs to renew. Great value".

Majlinda Berisha

"The help, the professionalism, the kindness from this team is phenomenal. A massive thank you to Anna Foley.

I have had a really tough time with getting my husband’s visa. My last immigration lawyer made many mistakes that caused stress, disappointments and sadness.

I was weary about getting another lawyer as I thought I was going to go through the same experience but no, it turned out better than what I had hoped or even imagined.

What I received was: constant emails and calls updating me and asking if anything else is needed. If I called and they missed my phone call I would get a call back within 10 minutes. All of my documents were carefully checked and I would get a reply the next day if anything was missing or not correct. There were times that I was impatient and asked to just send the visa off, but was reminded that everything had to be perfect and correct before submitting the application. I was told about every option I had and discussed what the best would be. I was always spoke in a nice, calm, polite manner.

The overall intelligence of this team, especially Anna Foley for me, is outstanding. I am speechless. Anna done such an amazing job on my husband’s application that although we couldn’t apply for the fast service and was told to wait for 12 weeks, we got a reply within 5 weeks.

That alone shows what an amazing and talented team Reiss Edwards are. Thank you".

Christine .C

"I wholeheartedly recommend Reiss Edwards to anyone who is in search of immigration advice. I had the pleasure of speaking with Amar who has been very thorough in finding a solution to my enquiry, and followed up with additional information even after the consultation. I normally don't leave reviews, and this firm already has enough good reviews for me to need to my own anyways! However, in this instance, I do hope that my review can let anyone who reads it be aware that RE is a great choice, these people care enough to help you the best they can".

Zohaib Butt

"I had the chance to use Reiss Edwards services for my Tier 2 extension. Marija dealt with my case and I found her very professional and experienced in dealing with my application. The care and attention to detail was exceptional. I would definitely recommend Reiss Edwards!".

Quintus Liu

"Knowledgeable, experienced, and relatable. Translated a complex process into steps that are easy to follow. Cruised to 3 successive wins on my Tier 1 graduate/entrepreneurship visa which allowed us to play our part in making the UK a better and healthier place!".

Khasan Vosijonov

"Thank you, Ms. Anna Foley! I am writing this with tears of joy.

As a family, we are all grateful to Anna Foley and her firm Reiss Edwards, for doing all the hard work and giving us the best support. Finally We found the best law firm".

Saira Lawson-Brown

"Highly professional organisation and really supportive solicitors. Ina Iteva the solicitor that was provided to us was a blessing in disguise, as our first solicitor was let go off due to pandemic. She was so supportive and understanding throughout the process, and my husband spouse visa was granted due to their effort and attention to detail. We constantly try to keep in touch with her and consider her as more of a friend now than a solicitor. Sure, to bother her and the firm more in the future".

Nora Nkechi

"My Tier 1 Investor Visa was dealt with quickly and without issue. Would recommend Reiss Edwards as an Immigration law firm in London. Thank you to the team".

Deepak Chartbhurjh

"This is the only firm that i spoke with that didn't ask for money before listening to me, will be using them again. I used Reiss Edwards for my Tier 2 visa application and it was successful. The team was ever present and happy to answer my question. The caseworker that dealing with my case went on holiday yet by case did not suffer one bit. Another lawyer stepped and took over the case without any hassle".

Hakeem Salam

"I used Reiss Edwards immigration lawyers to assist with my immigration matter and that of my family. It was an EX1 application. They dealt with the matter properly and even when complications were coming up from the Home Office, they helped resolve the issue properly. They are very professional and are very popular in London. I am happy to have worked with them".

Top Notch Immigration Service

"Reiss Edwards is a top notch immigration service company. The way they handled our documentation and also the list of documents they sent was efficient and top quality. They helped us professionally throughout the process. We are very happy with the immigration advice we received from the team. We highly recommend them".

Mo Hussein

"I have been using Reiss Edwards for three years now for my family's immigration application. Both for my initial application and extension. They are really affordable. The team of solicitors at this firm are probably one of the most efficient and economical in terms of cost. They offered free advice over the phone and spent good time with us before inviting us for consultation".

Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They acted with utmost professionalism throughout the entire application. I spoke with Joe Dinh, he is an immigration solicitor and he is one of the best solicitors out there. He ensured that there was little to no room for error. At some point I thought he was over cautious. He remained calmed and continued to assure us on our immigration matter. Most people in his position would have panicked but he was calmed and continued to assure us. We received out positive outcome very quickly".

Richard Stone

"I have just had British Citizenship application approved. Prior to making the application, I was not sure which law firm i should hire to facilitate the paperwork. After a few hours of research, i decided to go with Reiss Edwards and i must confess that I wasn't disappointed. The immigration lawyers at Reiss Edwards handled my case well and they really knew what they were doing. They were fully aware of what documents I needed and it was easy for them to tell if my case was going to be easy or not. At the end of the day, I have not received my British citizenship within 3 months. If anyone is looking for a good immigration lawyer to handle their case, contact Reiss Edwards".

Fong Li

"Investing over 2 million pounds is definitely not a routine decision. We had to make sure that the Tier 1 investor immigration lawyers that we'd be picking has to be one of the best within the Tier 1 investor category. We contacted Reiss Edwards and they were able to get us not only the Tier 1 investor visa but also suggested profitable investment portfolios in addition to what we already had in mind".

Nancy Jacquard

"It's a shame that you don't have an 'Excellent' star rating on here, as my experience with Reiss Edwards is nothing short of an excellent rating. They handled my application for an Indefinite Leave to remain in April 2014 and did my husband's one very recently including my daughter. Every time i have approached them, they have continued to treat me with courtesy, respect and patience. Amar was indeed a very thorough and professional gentleman. He is very knowledgeable, corporative and engaging. He responded to my emails, calls and enquiries promptly. He was always reassuring. I could not have asked for a better Immigration service. I would recommend them over and over again for anyone looking for an immigration advice. They gave me a free immigration advice when i called them, and the quality of the advice was something other charge thousands for. If you need a particular, name, Amar would be it. He exemplifies, for me, the true, professional gentleman. He is a valuable asset to Reiss Edwards".

Florence Giwa

"I am glad that i instructed Reiss Edwards on my visa matter. It started with a 20 minutes free immigration advice. I met with Amar to discuss my ILR refusal. He gave me a great deal of quality advice and decided to take on my messy case. I had doubts on the merits of my case by he was relatively convinced he could win it. That made me quite secure. To be honest, things did not start as quick as I would have wanted, but they kept on communicating the process and state of things to me.A big thank you to Verusha and Foram. They were also very helpful. Brilliant and informative. Their fee was fair and reasonable, especially if you compare them to other law firms and immigration law firms in London; some of whom even told me that i would not be able to get an indefinte leave to remain in this country. The process was long but was worth it. In the end, a big thank you to Reiss Edwards".

Salisu Ibrahim

"Fantastic Solicitors!!! My wife's spouse visa extension application was refused by the Home Office and they gave her 14 days to leave the country. We contacted Reiss Edwards and they said "OK don't worry we will sort this out". They put together the list of documents for me to obtain and they prepared a bundle which was as thick as the printer it came out from.We followed everything they asked us to do and in the end we won our appeal and got our spouse visa. We can't recommend them enough and we have promised ourselves never to make any more UK visa applications without them".

Amir Sandeep

"The team of lawyers at Reiss Edwards are very professional and friendly people. Their experience in and around UK immigration law is quite extensive; be sure that you application is in safe and competent hands. My immigration matter was an indefinite leave to remain application based on Tier 1 on a self-employment basis. The immigration lawyers at Reiss Edwards made sure that the application was perfect and ready to be accepted. I got a positive decision and I recommend them highly for anyone who needs a UK immigration help".

Reiss Edwards Reviews

O.L

"Andy Tieu is absolutely amazing, as a lawyer myself I can categorically say tha...

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Kiran Sardar

"I found Joe very helpful and tremendous patience which is a must in this profes...

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Cheyam Shaked

"Anna Foley was the lawyer helping my partner obtain an EEA EFM visa. She was ou...

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"Professional service. I was very impressed with the fact that my ILR applicatio...

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Jesse Lee

"Reiss Edwards did a great job, and so much work, for their reasonable fixed fee...

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Majlinda Berisha

"The help, the professionalism, the kindness from this team is phenomenal. A mas...

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"Thank you, Ms. Anna Foley! I am writing this with tears of joy. As a family, we...

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Saira Lawson-Brown

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Nora Nkechi

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"I used Reiss Edwards immigration lawyers to assist with my immigration matter a...

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"Reiss Edwards is a top notch immigration service company. The way they handled ...

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Mo Hussein

"I have been using Reiss Edwards for three years now for my family's immigration...

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Gallagher Jones

"I contacted Reiss Edwards to help me with my wife's UK settlement visa. They ac...

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Richard Stone

"I have just had British Citizenship application approved. Prior to making the a...

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Fong Li

"Investing over 2 million pounds is defintely not a routine decision. We had to ...

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Nancy Jacquard

"It's a shame that you don't have an 'Excellent' star rating on here, as my expe...

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Florence Giwa

"I am glad that i instructed Reiss Edwards on my visa matter. It started with a ...

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"Fantastic Solicitors!!! My wife's spouse visa extension application was refused...

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