The scheme was introduced so as to allow EU, EEA, and Swiss Nationals, and their family members the opportunity to remain in the UK post-Brexit. The deadline for most people to apply to the scheme was 30 June 2021, but joining family members and persons who have a reasonable excuse for missing that deadline can still apply.

Under this scheme, you will get either pre-settled or settled status. In order to qualify for settled status, you usually must have at least 5 years’ continuous residence in the UK.

Persons with pre-settled status can spend a maximum of two consecutive years outside of the UK without losing their pre-settled status. They can come and go from the UK as they please whilst they have pre-settled status, but they must maintain their “continuous residence” if they want to qualify for settled status after 5 years’ lawful residency. The 5 years is counted from the day the person started their period of continuous residence (i.e. the day they initially entered the UK) not the day they were granted pre-settled status.

Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands, or the Isle of Man for at least 6 months in any 12-month period.

You may not be eligible for settled status if during the 5 years you spent more than 6 months outside the UK in a 12-month period. There are some absences of more than 6 months in a 12-month period that will not count as a break in your continuous residence, which are:

• one period of up to 12 months for an important reason – for example, childbirth, serious illness, study, vocational training, an overseas work posting or because of coronavirus (COVID-19)
• compulsory military service of any length
• time you spent abroad as a Crown servant, or as the family member of a Crown servant
• time you spent abroad in the armed forces, or as the family member of someone in the armed forces
• working in the UK marine area

If you have pre-settled status, you can apply for settled status as soon as you qualify for it (there is no deadline to switch).

If you have settled status, you can spend a maximum of 5 years in a row outside of the UK without losing your status.

On 17 July 2023, the Home Office announced that persons who have not applied for settled status by the end of their initial period of leave with pre-settled status, will be given an automatic extension of two years.

Not all applications are straightforward, and assistance may be necessary in some cases.