Historical Residence Rights for EEA citizens who lived in the UK before Brexit

Thanks to a substantial advertising campaign in the UK, over 6 million applications were submitted. However, many EEA citizens who had previously lived in the UK were unaware they could retain their previous rights, even if they no longer lived in the UK or desired to return.

We have extensive experience in Settled Status applications for former UK residents and their family members. If you wish to discuss your case, please get in touch with our Immigration Team.

To qualify for Settled Status, two main requirements must be met:

• Residency Before 31 December 2020: Applicants must be EEA citizens who started living in the UK before 31 December 2020 and have completed five consecutive years of residence.
• Absence Requirement: Applicants must not have left the UK for more than five consecutive years at any point since completing their residency period.
• During their five-year residence, applicants must have been present in the UK for at least six months in any twelve-month period. Concessions exist for one extended absence of up to 12 months for important reasons such as parental leave, military service, work, studies, or serious illness. Additional concessions are available for Covid-related absences.

Even those who lived in the UK many years ago may still apply if they have occasionally returned to the UK for short visits. There is no requirement to show an intention to live in the UK. Upon approval, the right can be preserved for life by visiting the UK one day every five years.

During the five-year residence period, applicants must have been present in the UK for at least six months in any twelve-month period. Concessions exist for one extended absence of up to 12 months for important reasons such as parental leave, military service, work, studies, or serious illness. Additional concessions are available for Covid-related absences.

Even those who lived in the UK many years ago may still apply if they have occasionally returned to the UK for short visits. There is no requirement to show an intention to live in the UK. Upon approval, the right can be preserved for life by visiting the UK one day every five years.

There are substantial advantages to obtaining Settled Status:

• Free Application: The application process is free of charge.
• Sponsorship for Children: Parents with Settled Status can sponsor their children under the same scheme. Children under 21 will obtain the same rights as the sponsoring parent.
• They can keep the status for life, provided they return to the UK once every five years.
• Presettled Status for Dependants: Dependant children over 21 years can receive a five-year residence permit (Presettled Status). After five years, they can apply for Settled Status.
• Spousal and Family Sponsorship: Spouses (if married before 31 December 2020), durable partners, and dependant parents can also be sponsored for Presettled Status.
• Relationships starting after Brexit are subject to stricter criteria under the Immigration Rules.
• Being granted Settled Status allows individuals and their direct family members to retain and pass on residence, work, and study rights without being subject to strict visa requirements, sponsorship, or hefty UKVI fees.

The deadline to apply was 30 June 2021, but late applications are still accepted if there are reasonable grounds for the delay. All applications require compliant documentation to be validated and approved.

As this is not a common scenario, caseworkers often question applicants’ eligibility under this route. It is crucial to be well-prepared and have all necessary evidence before commencing the process. A negative outcome can impact the applicant’s ability to travel to the UK, even as a standard visitor. Subsequent applications beyond the deadline may not be validated after a previous refusal.