Is EU settled status the same as ILR?

Yes. EU settled status under the EUSS is legally equivalent to indefinite leave to remain. It gives you the right to live and work permanently in the UK, access the NHS, claim benefits, and apply for British citizenship.

How do I upgrade from pre-settled to settled status?

Apply online through the GOV.UK EUSS page once you have completed 5 years continuous residence in the UK. The application is free. You need to prove your identity and residence.

Can I lose my EU settled status?

Settled status can lapse if you spend more than 5 continuous years outside the UK (4 years for Swiss nationals). This is more generous than standard ILR, which lapses after 2 years of absence.

ILR Through the EU Settlement Scheme (EUSS)

Updated 27 March 20269 min read

What you need to know

•EU settled status is legally equivalent to indefinite leave to remain.
•Upgrade from pre-settled to settled status after 5 years continuous residence.
•The application is free. Apply online through GOV.UK.
•Settled status lapses after 5 years outside the UK (vs 2 years for standard ILR).

EU settled status is the EUSS equivalent of ILR. Pre-settled status holders should upgrade to settled status after 5 years continuous residence. The application is free and made online. Settled status holders can proceed to British citizenship. The absence rules are more generous than standard ILR.

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Settled Status Explained

EU settled status was created under the EU Settlement Scheme to protect the rights of EU nationals living in the UK after Brexit. It is the equivalent of ILR for EUSS purposes.

For the broader context, see our EU nationals after Brexit guide.

Upgrading from Pre-Settled Status

If you have pre-settled status, you should upgrade to settled status once you have completed 5 years' continuous residence:

Apply online through the GOV.UK EUSS page.
Verify your identity using the EU Exit: ID Document Check app.
HMRC and DWP records are checked automatically to confirm your residence.
Provide additional evidence if needed.

Pre-settled status is being automatically extended to prevent people from losing their rights. However, you should still upgrade as soon as you are eligible.

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Continuous Residence for EUSS

Continuous residence under the EUSS means you have not been outside the UK for more than 6 months in any 12-month period. There are exceptions for:

A single absence of up to 12 months for an important reason (serious illness, study, work posting, pregnancy).
Military service.
COVID-related absences (specific rules apply).

Path to Citizenship

After receiving settled status, you can apply for British citizenship. The standard requirements apply: 12 months with settled status, 5 years residence, and meeting the English and Life in the UK test requirements.

See our citizenship for EU nationals guide.

Late Applications

If you have not yet applied for settled or pre-settled status, you may still be able to make a late application. See our EUSS late applications guide.

This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.

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