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If you would like to remain in the UK indefinitely, you would need to reapply under the scheme for settled … settled status if you both: • Started living in the UK by 31 December 2020 • And have lived in the UK for a continuous 5-year period If you have not been in the UK for five years you will be able to apply for pre-settled status, which will allow you to stay in the UK for up to five years and then apply for settled status. Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits. In a landmark case, the UK Court of Appeal has ruled that EU citizens with pre-settled status can access welfare benefits on an equal basis with other claimants. The same process will be used after Brexit as is currently used when deciding if a European national can claim benefits. The test case was brought on behalf of two Romanian nationals, Ms Fratila and Mr Tanase who came to the UK in 2014 and 2019 respectively. In the meantime, Colin Yeo, a barrister, said, “Anyone who has not claimed because they thought their pre-settled status would not make them eligible should seek advice on whether they should now do so.”. Our funding, and thus our ability to continue providing this service, depends on us showing how many people we have helped, both with our online resources and our forum! Pre-settled status does not meet the right to reside test. It must get cases right first time.”. For example, to access benefits, there is a two-stage test: the first stage is to determine whether the person has habitual residence in … If you would like to tell us more please visit our contact page. "Pre-settle status" is a temporary status, while "settled status" is permanent. It does not say how many of these have been given settled status compared to the more precarious pre-settled status, but it is clear that 2.8 million have not been given settled status as claimed. A majority of the 3-judge Court further found that the exclusion of pre-settled status as a sufficient right to reside for the purposes of claiming means-tested benefits was prohibited as made clear in previous cases. In a further blow, those already granted pre-settled status who are facing financial difficulties as a result of the pandemic are finding that their entitlement to claim benefits is more complicated than they might have expected. Currently, the Home Office has informed that changing from pre-settled status to settled status will be free. We are based in London, but our journalists and contributors are active across the EU and beyond. Comprising notable stakeholders and keynote … Search for your nearest sources of information and advice. You will be able to then change your EU pre-settled status to settled status as soon as you have completed 5 years’ continuous residence. UK Court of Appeal, credit: Wikipedia In a landmark case, the UK Court of Appeal ruled last week that EU citizens with pre-settled status can access welfare benefits on an equal basis with other claimants. The Settled Status scheme is a new scheme to protect the rights of EEA nationals who are living in the UK. Of these 58 per cent were granted settled status and … The UK government may still try to overturn the judgement by going to the Supreme Court and there will be no change in rules until 21 February. VERY IMPORTANT NOTE FOR PEOPLE WITH PRE-SETTLED STATUS: Although pre-settled status allows up to 2 years outside the UK without losing your status, it you spend more than 6 months outside the UK during the 5 years you need to get settled status, you will not be able to apply for settled status, nor will you be able to extend your pre-settled status or re-apply for pre-settled status after the deadline… It is free to apply for the Settled Status scheme. UKRAINE: Five political parties to enter the new parliament, according to new poll. You will need settled status to get help with housing from the council. The Court ruled that Ms Fratila and Mr Tanase had been unlawfully discriminated against on the grounds of their nationality, breaching EU law. If you can’t, but have entered the UK on or before 31 December 2020, you may be granted pre-Settled Status. you have settled status or pre-settled status; you had a right to reside on 31 December 2020 – for some benefits you also need to have a right to reside when you claim ; The EEA includes EU countries and also Iceland, Liechtenstein and Norway. Yesterday (17 December) EAPM conducted a very successful virtual round table, ‘Forward together with innovation: Understanding the need and framing the discussion for Serology testing for SARS-CoV-2’. EU citizens with pre-settled status can access benefits says UK court. Pre-settled status doesn't in itself give entitlement to benefits, so you will also need to show you have a right to reside to be able to claim benefits. We have seen EU citizens and their children left destitute by this discriminatory rule, through no fault of their own.”, Commenting on the case, Tamara Flanagan OBE, Head of Projects of New Europeans UK said: The difference can affect vulnerable people. To get pre-settled status, you only need to show you’ve lived in the UK for at least 1 day that was both: on or before 31 December 2020; in the last 6 months before you applied; To get settled status, you only need evidence for 6 months out of every 12 months for 5 years in a row. The Silk Road Revisited: an exceptional cultural and historical journey.... “Century’s story”: A unique author from Kazakhstan publishes his latest book in London. As Vladimir Putin fears a colour revolution, is he preparing his Alamo? In a landmark case, the UK Court of Appeal has ruled that EU citizens with pre-settled status can access welfare benefits on an equal basis with other claimants. As the explanatory notes for the regulations state (my emphasis): Settled status gives full right to reside, so you don't need to evidence right to reside under any other status to be entitled to benefits; Pre-Settled Status - this is for people who can show they have been living in the UK for less than 5 years. Ms Fratila and Mr Tanase, both Romanian citizens living in the UK, argued that this was unlawful discrimination against them on the ground of nationality, contrary to EU law. 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