Can I Apply For Settled Status Based On Historic Residence In The UK?

If you are an EEA national (or the family member of an EEA national), you may be able to rely on a historic period of residence in the UK in order to obtain Settled Status.

You must satisfy three criteria:

1. You must be either:

• A relevant EEA citizen, or
• The family member of a relevant EEA citizen, or
• A person with a derivative right to reside in the UK, or
• A person with a Zambrano right to reside in the UK, or
• A person who did have a derivative or Zambrano right to reside in the UK during the relevant period that is being relied on.

If you have any queries about whether you fall within any of these categories, please contact us.

2. You must have completed a continuous qualifying period of five years in any (or in a combination) of the above categories.

The qualifying period must have begun before 31 December 2020. The continuity of your qualifying period will be considered broken if you were absent for more than 6 months in any 12-month period (continuously or consecutively).

There are some exceptions, which will allow for absences in excess of 6 months.

3. Since the end of your five-year qualifying period, no supervening event must have occurred.

A supervening event is defined as an absence from the UK for more than five consecutive years (at any point since you acquired permanent residence, or since the end of your five-year qualifying period).

Alternatively, if you have been issued with an order to be excluded or removed from the UK, this will also be classified as a supervening event.

The deadline to submit an application under the EU Settlement Scheme was 30 June 2021. However, the Home Office are, at present, continuing to consider applications submitted after this deadline, provided that the applicant can show that they satisfy the above requirements and they have “reasonable grounds” for making a late application. Given that it is not clear how long this concession will be in place, prospective applicants are advised to apply at the earliest opportunity.

If you think that you may qualify for settled status based on your historic residence in the UK, please contact us.

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