Apply for EU Settled Status Based on Historic Residence in the UK

31 Jan 2024, 00 mins ago

Even though it has now been over 3 years since the UK exited from the European Union, in certain cases, there might still be a possibility to qualify for Settled Status based on an historic period of residence in the UK.

To be considered for Settled Status based on your historic residence in the UK, you must meet three essential eligibility criteria.

Firstly, you must have been resident in the UK as a qualifying person. In the majority of cases, this will mean that you resided in the UK as an EEA or Swiss national, or a family member of such a European national.

Secondly, you must have completed a continuous period of residence in the UK of at least five years, starting before 31 December 2020. Subject to certain exceptions for factors such as COVID, continuous residence shall be considered broken, if you were absent from the UK for more than six months throughout the overall 5-year period.

Lastly, no supervening events, such as a prolonged absence from the UK or becoming subject to a deportation order, must have occurred since the end of the 5-year period of your UK residence. An absence from the UK of more than five consecutive years will be seen as a supervening event.

The Home Office will also perform an assessment of your suitability based on your background, and further, they must be satisfied that there are ‘reasonable grounds’ for your application being made after 30 June 2021.

Ultimately, for historic residence applications, evidence is key. Whether through National Insurance records, employment documents, or correspondence addressed to you in the UK, substantiating the historic residence without any gaps is crucial, and a lack of documentation is a common pitfall in these types of cases. 

If you believe that you might qualify for Settled Status based on your historic residence in the UK, please contact the Gherson Inbound Immigration team for personalised guidance on your specific situation.

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on XFacebookInstagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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