Last reviewed: 30 April 2026 | Sources: UK-EU Withdrawal Agreement 2020 | Home Office EUSS guidance GOV.UK | Citizens' Rights Agreements
⚡ TL;DR — Skip to what matters
Settled status is indefinite leave to remain in the UK under the Withdrawal Agreement. You can live, work, study, use the NHS, claim benefits and access public services on the same basis as a British citizen. The key difference from pre-settled status: settled status never expires (as long as you do not spend more than 5 consecutive years outside the UK); pre-settled status is time-limited and carries restrictions on benefit claims and long absences.
📋 Key Facts at a Glance
- Settled status = indefinite leave to remain (ILR) — the right to live in the UK permanently
- Work: unrestricted — any employer, any sector, self-employment, no work permit needed
- NHS: full access on same basis as UK nationals
- Benefits: access to most UK benefits and tax credits on same basis as settled UK nationals
- Public funds: no restriction — access on same terms as British citizens
- Study: access to UK universities; home fee status and student finance in England (subject to residency conditions)
- Travel: can leave and return to UK; must not be absent for more than 5 consecutive years to retain status
- Citizenship: can apply for British citizenship after 12 months with settled status (and 5 years continuous UK residence total)
- Pre-settled status: 5-year time limit, some benefit restrictions, must not be absent more than 6 months in any 12-month period
- Source: UK-EU Withdrawal Agreement 2020 | Home Office EUSS guidance
What settled status means legally
Settled status under the EU Settlement Scheme is the UK's implementation of the Citizens' Rights provisions of the UK-EU Withdrawal Agreement 2020. It grants indefinite leave to remain (ILR) — the same immigration status as UK nationals who have lived here all their lives in terms of the right to remain permanently. It is protected under UK law as well as international law through the Withdrawal Agreement, which means the government cannot unilaterally remove these rights without legislative change.
Settled status is recorded digitally in your UKVI account as an eVisa. There is no physical document — you prove your status using a share code generated from your UKVI account.
Rights with settled status
| Right | Settled status | Pre-settled status |
|---|---|---|
| Live in UK | Indefinitely | For 5 years from grant (extendable) |
| Work | Unrestricted | Unrestricted |
| Study | Yes — home fee status | Yes — home fee status |
| NHS access | Full access | Full access |
| Most UK benefits | Yes — same as UK nationals | Restricted — must demonstrate right to reside |
| Universal Credit | Yes | Limited — only if working or self-employed |
| Child Benefit / Tax Credits | Yes | If working/self-employed |
| State Pension | Yes — based on NI record | Yes — based on NI record |
| Travel outside UK | Up to 5 consecutive years without losing status | Up to 6 months in any 12-month period |
| British citizenship | After 12 months settled status (+ 5 years total residence) | Not eligible |
| Sponsor family members | Yes — joining family rules apply | More restricted |
Benefits and public funds
People with settled status have access to the same benefits as British nationals who have lived in the UK, subject to normal eligibility criteria (income thresholds, NI contributions etc.). This includes: Universal Credit, Housing Benefit, Child Benefit, Child Tax Credit, Working Tax Credit, Personal Independence Payment (PIP), Attendance Allowance, Employment and Support Allowance, Jobseeker's Allowance, and State Pension.
Pre-settled status holders face more complex benefit rules. They must demonstrate a "right to reside" — generally by being in paid employment or self-employment — to access many means-tested benefits. The Supreme Court ruled in 2021 (Fratila and Tanase v Secretary of State) that blanket exclusion of pre-settled status holders from benefits was unlawful, but the practical rules are still more restrictive than for settled status holders.
Travel and absence rules
Settled status: You can travel outside the UK for up to 5 consecutive years without losing your settled status. If you are absent for more than 5 consecutive years, your settled status lapses and you would need to reapply. The 5-year absence clock resets each time you return to the UK for a qualifying period.
Pre-settled status: You must not be absent from the UK for more than 6 months in any 12-month period to maintain continuous residence for the purposes of qualifying for settled status. Since July 2025, the Home Office has also adopted the 30-in-60 alternative test — so occasional longer absences may not be fatal if your overall presence in the 60-month period still meets the threshold.
Path to British citizenship
After holding settled status for 12 months, you may be eligible to apply for British citizenship by naturalisation, provided you have:
- Lived in the UK for at least 5 years total (including the settled status period)
- Not been absent from the UK for more than 450 days in those 5 years, with no single absence over 90 days in the final year
- Been of good character (no serious criminal convictions)
- Passed the Life in the UK test
- Met English language requirements (B1 CEFR)
The 10-year earned settlement proposals in the 2025 Immigration White Paper do not apply to EUSS holders — their pathway remains governed by the Withdrawal Agreement and the standard 5-year qualifying period.
Frequently asked questions
Can my employer require me to show a physical document proving settled status?
No. Settled status is entirely digital. Employers must conduct right-to-work checks using the UKVI online checking service with your share code — they cannot require a physical document. Refusing to accept a share code is a breach of employment law. The Employer Checking Service is available for employers who cannot access the online service.
I have settled status — can I bring my non-EU family members to the UK?
You can sponsor joining family members under EUSS joining family rules if the family relationship existed before 31 December 2020, or if the family member is a new-born child or a future spouse/partner (subject to the family visa rules). For new relationships formed after 31 December 2020, standard UK family visa rules apply.
Does settled status affect my eligibility for UK State Pension?
Your State Pension entitlement is based on your National Insurance record — not your immigration status. Settled status does not give you additional NI credits. If you worked in the UK and paid NI, those years count toward your State Pension regardless of your nationality.
Can settled status be revoked?
Yes, in limited circumstances: if you are absent from the UK for more than 5 consecutive years, or if your status was obtained through fraud or deception. It can also be lost if you are deported following a serious criminal conviction. Routine absences for holidays, work or family reasons do not affect settled status.
My settled status still says "pre-settled" — what do I do?
Check your UKVI account — the Home Office may have already automatically upgraded you without you noticing. If your account still shows pre-settled status and you have been in the UK for 5 years or meet the 30-in-60 test, apply for settled status manually at GOV.UK. The process is free.
Sources & References
- UK-EU Withdrawal Agreement 2020 — Citizens' Rights (Part Two)
- Home Office — EU Settlement Scheme: your rights in the UK: gov.uk
- Citizens Advice — Your rights in the UK with pre-settled or settled status
- Independent Monitoring Authority (IMA) — Citizens' rights monitoring reports
- Supreme Court — Fratila and Tanase v Secretary of State [2021] UKSC 53 (benefit access)
Disclaimer: This article is for informational purposes only and does not constitute immigration or legal advice. EU Settlement Scheme rules change frequently — always verify at GOV.UK. For more guides visit our EU Settled Status hub.
