Some nationals holding EUSS Pre-Settled Status in the UK can get Indefinite Leave to Remain (ILR) in less than five years.
Normally, an EU national or a family member of an EU national who receives Pre-Settled Status in the UK has to complete five years on this status in the UK to qualify for ILR. They also have to meet the continuous residence requirements before applying for Settled Status (Indefinite Leave to Remain).
The good news brought to you by Breytenbachs is that there are certain instances where a person may qualify for Settled Status earlier.
How a EUSS Pre-Settled Status Holder Can Get Early ILR
A person could qualify for Settled status at an earlier stage in the circumstances below. If the EU national or family member has completed a continuous qualifying period of residence in the UK and Islands of less than five years, which began before the specified date, where they either:
Scenario 1
Were a worker or self-employed person in the UK (within the meaning of the EEA Regulations) and then terminated that activity, having reached the age of entitlement to a state pension or, in the case of a worker, having taken early retirement and immediately before that they had both:
- Been a worker or self-employed person in the UK for at least the preceding 12 months and
- Resided in the UK and Islands for a continuous qualifying period of more than three years, which began before the specified date.
Scenario 2
Stopped being a worker or self-employed person in the UK owing to permanent incapacity to work and either:
- Had resided in the UK and Islands for a continuous qualifying period of more than the preceding two years, which began before the specified date or
- The incapacity resulting from an accident at work or an occupational disease entitles the person to a pension payable in full or in part by an institution in the UK.
Scenario 3
Resided in the UK for a continuous qualifying period of at least three years as a worker or self-employed person which began before the specified date, immediately before becoming a worker or self-employed person in an EEA country or Switzerland (see: the countries listed in sub-paragraph (a)(i) of the definition of ‘EEA citizen’ in Annex 1 to Appendix EU), while retaining a place of residence in the UK to which they return, as a rule, at least once a week.
It is important to note that the conditions regarding the length of residence and length of employment in the first two provisions above do not apply where the relevant EEA citizen is a British citizen’s spouse or civil partner.
How Breytenbachs can help EUSS Pre-Settled Status Holders
If you wish to find out if you could qualify to apply, please get in touch with us for a detailed assessment.
