Changes to the Right to Work Guidance for Employers
A recent update to the Government Guidance will simplify the right to work checking process for some employees.
What is EU pre-settled status?
Pre-settled status is a temporary immigration status granted under the EU Settlement Scheme (EUSS) to individuals who:
- Were living in the UK by 31 December 2020.
- Have less than five years’ continuous residence in the UK at the time of application.
It allows you to:
- Live, work, and study in the UK.
- Access healthcare and certain benefits.
- Travel in and out of the UK freely.
Pre-settled status is normally valid for five years, after which you can upgrade to settled status (Indefinite Leave to Remain).
Who can apply for pre-settled status?
You may apply for pre-settled status if:
- You are an EU, EEA, or Swiss citizen who started living in the UK before 31 December 2020.
- You are a family member of someone with settled or pre-settled status.
- You have reasonable grounds for a late application (e.g., illness, domestic abuse, lack of awareness).
Recent updates
- Automatic extensions: Pre-settled status is now extended by five years before expiry.
- Automatic conversion: Eligible holders no longer need to apply for settled status.
- New residence rule: From 16 July 2025, you can qualify for settled status if you’ve spent 30 months in the UK within the last 60 months, even with longer absences.
- Digital status only: Physical documents are phased out; status is confirmed online via the Home Office portal.
Your rights with pre-settled status
- Work and study in the UK.
- Use the NHS.
- Access certain benefits (subject to eligibility).
- Bring family members to join you.
- Upgrade to settled status after meeting residence requirements.
How to apply for EU pre-settled status
Applications are free and submitted online. You’ll need:
- Proof of identity (passport or national ID card).
- Evidence of UK residence (e.g., HMRC records, utility bills).
- For family members: proof of relationship (e.g., marriage certificate).
Common issues
- Missing residence evidence.
- Incorrect family documentation.
- Failure to update contact details (important for automatic upgrades). Our team helps resolve these issues and prepare strong applications.
How we can help
We offer:
- Eligibility checks for late applications and family members.
- Document review and preparation.
- Support for status upgrades from pre-settled to settled.
- Advice on British citizenship after settlement.
Free visa guidelines resource
We have recently launched a dedicated visa guidelines hub which is full of clear, useful guidance to help those wishing to live, work and recruit into the UK navigate the complex legal territory that is immigration law.
Applying for a visa is a complex process. On this dedicated website, our immigration experts have cut through the mountains of regulation. We present clear answers to the frequently asked questions of those who want to move to the UK to work or study, and of businesses wishing to recruit individuals from overseas.
Pricing
For details in relation to certain immigration applications, please click here.
Apply for pre-settled status today
Don’t risk losing your rights in the UK. Contact one of our specialist immigration lawyers for a free initial consultation and let us help you secure your pre-settled status.