Switching from pre-settled to settled status

This advice applies to Scotland. See advice for See advice for England, See advice for Northern Ireland, See advice for Wales

If you have pre-settled status under the EU Settlement Scheme, it lasts for 5 years. At the end of the 5 years, it will usually extend by another 2 years. You don't have to apply for an extension - it will happen automatically.

The Home Office will send you an email to confirm the extension - this will happen up to 2 months before your pre-settled status expires.

You should still apply to switch to settled status once you’ve lived in the UK for 5 years. The extension to your pre-settled status means you have more time to switch - it’s best to apply as soon as you can.

If you’ve spent time living in the Channel Islands or the Isle of Man, this counts as time living in the UK.

You might not be able to get settled status after 5 years if either:

  • you’ve spent more than 6 months outside the UK in any 12-month period

  • you got pre-settled status as the family member of an EU, EEA or Swiss citizen and your or your family member’s situation has changed

Check if you’ve lived in the UK for 5 years

The day your 5 years starts depends on whether or not you’re a citizen of the EU, EEA or Switzerland.

If you’re a citizen of the EU, EEA or Switzerland

Your 5 years starts from the day you started living in the UK, not the day you got pre-settled status. You can apply for settled status before your pre-settled status expires - it's a good idea to do this as soon as you have lived in the UK for 5 years.You don’t have to wait until your pre-settled status is about to expire to apply for settled status.

If you’re a citizen of a country outside the EU, EEA or Switzerland

The rules about when your 5 years of residence starts are different depending on if you’re a close family member or an extended family member. 

You’re a close family member if you’re a:

  • husband, wife or civil partner

  • dependent parent or grandparent

  • child or grandchild under 21 years old

  • dependent child aged 21 or over

Your 5 years starts from either the day you arrived in the UK or the day you became a close family member of an EU, EEA or Swiss citizen, whichever was later. For example, if you came to the UK then married a German citizen, your 5 years starts on the day you got married. It doesn't matter if the EU, EEA or Swiss citizen didn’t have settled or pre-settled status at the time.

You’re an extended family member if you’re a:

  • long-term partner who isn’t married or in a civil partnership

  • brother or sister

  • aunt or uncle

  • niece or nephew

  • cousin

If you had a family permit when you arrived in the UK, your 5 years starts on that day. If you didn’t have one of these, your 5 years starts the day you got a residence card.

You can find out more about applying for pre-settled status and settled status as a family member.

You can apply for pre-settled and settled status as a family member on GOV.UK.

If you can't switch to settled status after 5 years

You can either:

  • apply for settled status during the 2-year extension to your pre-settled status

  • apply to get pre-settled status for another 5 years

Applying for settled status during the 2-year extension period

You can add together the time from your original period of pre-settled status and the extension period. You can then apply for settled status when you’ve lived in the UK for 5 years in a row.

You should check that the status of your family members has also been extended. If it hasn’t been extended, contact the EU Settlement Scheme Resolution Centre.

EU Settlement Scheme Resolution Centre

Telephone: 0300 123 7379

From outside the UK: +44 203 080 0010 

Monday to Friday, 8am to 8.30pm

Saturday and Sunday, 9.30am to 4.30pm

You can ask a question about the scheme on GOV.UK - they'll reply within 5 working days.

Applying to get pre-settled status for another 5 years

You should apply before your current pre-settled status ends.

You can usually add together the time from both periods of pre-settled status. You can then apply for settled status when you’ve lived in the UK for 5 years in a row.

You might be able to get pre-settled status again by applying as a family member. You can do this if you have a family member from the EU, EEA or Switzerland who has pre-settled or settled status. They must have been living in the UK by 31 December 2020.

You can apply as a family member whether or not your first period of pre-settled status was as a family member. Find out more about applying as a family member.

If you can’t apply as a family member, you might be able to get pre-settled status again if both of the following apply:

  • the time spent outside the UK was before 31 December 2020

  • you were back in the UK by 31 December 2020

If you’ve been out of the UK for more than 6 months

You might not be able to get settled status if you spent more than 6 months outside the UK within any 12-month period.

There are some exceptions to this. You might still be able to get settled status if you were outside the UK for up to 12 months for:

  • an ‘important reason’ - for example, pregnancy or study

  • any reason related to coronavirus - this includes shielding, caring responsibilities and following guidance not to travel 

If you were out of the UK because of coronavirus

If you were out of the UK for longer than 12 months in a row because of coronavirus, this won’t break your continuity of residence. The first 12 months of your time out of the UK counts towards the 5 years you need for settled status. The rest of the time after 12 months doesn't count.

If you were out of the UK for 2 periods of between 6 and 12 months, this won’t break your continuity of residence as long as:

  • 1 period was for an important reason

  • 1 period was for a reason related to coronavirus

The whole of your first period out of the UK counts towards the 5 years you need for settled status. The first 6 months of the second period also counts. The rest of the second period after 6 months doesn't count.

If you were out of the UK because of military service

If you were out of the UK for longer than 12 months in a row because of military service, this won’t break your continuity of residence.

Example

Marta is a Polish citizen who has pre-settled status. She moved to the UK in January 2019.

Marta went to Poland:

  • for 7 months from February to September 2020 - she couldn’t come back earlier because of coronavirus

  • for 8 months from November 2020 to July 2021 - she gave birth and had to stay to recover from complications

Marta still has continuity of residence in the UK. This means she will be able to apply for settled status when she has been in the UK for 5 years.

The first period when Marta was out of the UK counts towards the 5 years she needs for settled status. Only the first 6 months of the second period count towards the 5 years. This means the 5 years paused for 2 months from May to July 2021.

Marta will be able to apply for settled status in March 2024 - this is 5 years and 2 months after she moved to the UK.

Some people who have retired or had to stop working might be able to get settled status if they’ve lived in the UK for less than 5 years. You can find out about applying if you’re retired or had to stop working.

If you got pre-settled status as a family member and your situation has changed

If your relationship with your family member changed before you reached 5 years, you might not be able to get settled status. It depends on what has changed.

If your relationship with your partner has ended

If you got pre-settled status as a partner and your relationship has ended, you can’t get settled status unless an exception applies.

If you were never married or in a civil partnership, your relationship ends when you separate.

If you were married or in a civil partnership, separating from your partner doesn’t end your relationship. Your relationship only ends when you get divorced or dissolve your civil partnership.

There are exceptions if:

  • you were married or in a civil partnership for at least 3 years

  • you and your ex-partner have a child

  • your relationship ended because of domestic abuse

If you were married or in a civil partnership for at least 3 years

If you’ve got divorced or dissolved your civil partnership, you can still get settled status after 5 years if all the following apply:

  • you were married or in the civil partnership for at least 3 years

  • you spent at least 1 year of your marriage or civil partnership living in the UK

  • your partner was in the UK when you started the divorce or dissolution proceedings

If you and your ex-partner have a child

You can still get settled status after 5 years if your child is under 18 and lives in the UK. You must have responsibility for your child or contact with them.

If your relationship ended because of domestic abuse

You can apply to stay in the UK permanently if your relationship ended because of domestic abuse. Check what domestic abuse is.

You can either:

  • upgrade your pre-settled status to settled status - you can only do this once you’ve been in the UK for 5 years

  • apply for indefinite leave to remain

You’ll have to decide what’s right for you. If you get settled status, you can spend up to 5 years outside the UK without losing your status. If you get indefinite leave, you can spend up to 2 years outside the UK without losing your status.

You can check the rules about applying for indefinite leave if you've experienced domestic abuse.

If your family member has died

If your family member has died, you can still get settled status after 5 years if either:

  • you lived in the UK as their family member for at least 1 year before they died

  • you’re aged under 21 and you’re in education

If these don’t apply, you can’t get settled status.

If your family member has left the UK

If your family member left the UK, you can only get settled status after 5 years if either:

  • you’re aged under 21 and you’re in education

  • you’re responsible for a child aged under 21 who is in education

If these don’t apply, you can’t get settled status.

If you’ve stopped being dependent on your family member

You can still get settled status after 5 years if you got pre-settled status as:

  • a dependent child aged under 21

  • a dependent parent

The rules are different if you got pre-settled status as another type of dependent relative - for example as a dependent child aged 21 or over. You can only get settled status if you’re still dependent - or if you were dependent on 31 December 2020. If you don’t think you can show this, get help from a specialist immigration adviser.

If your family member is the partner of an EEA or Swiss citizen

If the partner’s situation has changed and they can’t switch to settled status, you might also not be able to get settled status. Get help from a specialist adviser.

Applying to switch to settled status

To apply to switch to settled status, you’ll need:

  • your identity document - your passport, national identity card, or biometric residence card or permit

  • a mobile number

  • an email address

  • your National Insurance Number

  • proof of your relationship if you're applying for a child or another family member - find out what evidence you can use

You might need to provide proof of how long you've lived in the UK if the Home Office can’t verify this from your National Insurance Number.

You can find out more about preparing to apply for settled status.

Check which identity document to use

If you're an EU, EEA or Swiss citizen your identity document is your passport or national identity card.

If you're from outside the EU, EEA or Switzerland your identity document is your passport, 'biometric residence card' or 'biometric residence permit'.

You should use the same identity document you used when you applied for pre-settled status. If your identity document has changed since then, you’ll need to update your UK Visas and Immigration (UKVI) account with details of your new identity document. You should do this before you apply to switch to settled status.

You can update your UKVI account on GOV.UK.

You can apply to switch to settled status on GOV.UK.

If your application is successful you’ll get a letter confirming your status emailed to you, and your status will change in your online account.

What to do if your application fails

If you don’t get settled status and you think a mistake was made, you might be able to apply for an administrative review on GOV.UK. This costs £80, and you’ll get this money back if the decision is changed because of a mistake.

Page last reviewed on 26 July 2021