UK immigration: EU Settled Status vs. Permanent Residence

EU Settled Status and Permanent Residence in the UK are almost the same, but some differences are important to note.

Permanent Residency for EU nationals is a status obtained under the EU legislation and the EEA Regulations 2016. (The UK equivalent for non-EU citizens is Indefinite Leave to Remain.)

Under the new EU Settlement Scheme, which is regulated by the UK domestic immigration law, EU nationals and their family members have to apply for Settled Status.

Permanent Residence and applying for the EU Settlement Scheme

All EU nationals and their family members who have Permanent Residence documents under the old EU regulations will have to apply for Settled Status, if they wish to continue to live in the UK after 31 December 2020.

The deadline to apply is 30 June 2021.

EU citizens who already hold Permanent Residence and qualify for British citizenship before 31 December 2020, can apply for citizenship without the need to apply under the EU Settlement Scheme.

However, EU nationals who have Permanent Residency endorsed under the old EU regulations, and do not qualify, or do not want to apply for citizenship by the end of the year, have to convert their Permanent Residency to EU Settled Status.

Clients are welcome to contact us for assistance at info@bic-immigration.com

Pre-Settled and Settled

In the above context, it is also important to note that EU Nationals and their family members who want to settle in the UK can apply for Pre-settled or Settled status.

Pre-settled Status

If you apply to the EU Settlement Scheme before you have obtained five years’ continuous residence in the UK, you will receive Pre-settled Status. Once you reach your five years residence in the UK, you will have to apply again and will then receive Settled Status. This status will allow you to stay in the UK permanently.

Settled Status

If you have been resident in the UK for five years in a row, you will be able to get Settled Status. During this time, you must have been in the UK for at least six months in any twelve months. Some exceptions are allowed, including serious illness, study, etc.

An EU citizen that has Permanent Residence in the UK, and has been outside the UK for more than two years, but less than five years, will be able to apply for the Settled Status.

Biometric Residence Cards

Only non-EU nationals are issued with biometric documents when they apply for Permanent Residence or Settlement in the UK. EU nationals do not need to enroll their biometric details.

The reason as to why some EU nationals did not receive a new card is because they already had a valid Permanent Residence Biometric card. They will only receive electronic confirmation of their settled status under the EU Settlement Scheme.

For more information or assistance with EU Settlement issues, please contact us at info@bic-immigration.com or visit our website at www.bic-immigration.com

Please note that the information in this article does not constitute professional advice. It is provided for general information purposes, without giving any warranty of any kind, either expressed or implied.