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Updating presettled to settled status

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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ldzaw
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Updating presettled to settled status

Post by ldzaw » Fri Oct 15, 2021 11:42 am

Dear all,
I am resident in the UK and hold pre-settled status, which I applied for in 2018. I have been more than 5 years in the country and would like to upgrade to settled status. I should be eligible. I have been reading all the government websites, but have a question and cannot reach home office. Can someone advice me? How do I do this? Do I start again a complete new application online? When I log into my online profile I can see that I have this pre-settled status, but not a button asking to upgrade this. I would be keen to receive advice as I do not want to make a mistake and somehow lose the status I hold.
Thanks for your help

Bash_
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Re: Updating presettled to settled status

Post by Bash_ » Fri Oct 15, 2021 11:48 am

I don't think there is such thing as "upgrade" status from within. You need to submit a fresh new application for settled status.

https://www.gov.uk/settled-status-eu-ci ... led-status

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Re: Updating presettled to settled status

Post by CR001 » Fri Oct 15, 2021 1:21 pm

What was your immigration status before you got pre-settled status?

What is the relationship to the EU sponsor?
Char (CR001 not Casa)
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Re: Updating presettled to settled status

Post by kamoe » Fri Oct 15, 2021 2:15 pm

ldzaw wrote:
Fri Oct 15, 2021 11:42 am
I have been more than 5 years in the country and would like to upgrade to settled status. I should be eligible.
This is only true if you are a EU citizen. If you are a non-EU citizen and your Pre-Settled status was acquired via your relationship to a EU sponsor, then your 5 years clock only starts from the moment your family relationship started with your sponsor, previous UK residence (e.g. periods spent on student or work visas) doesn't count. (If you are a EU citizen, then disregard this comment).
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

ldzaw
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Re: Updating presettled to settled status

Post by ldzaw » Fri Oct 15, 2021 3:59 pm

I am an EU citizen working in the UK since 2014. I hold pre-settled status since 2018 and I want to change it to settled status. It is unclear to me how to change this status. I can view my pre-settled status online which is ok till 2023. Nevertheless, I want go abroad for a longer period so I want to apply for settled status. Do I need to start a new application? In my online profile there is no option to apply for a settled status. Anyone experience applying from pre-settled to settled?

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Re: Updating presettled to settled status

Post by kamoe » Fri Oct 15, 2021 5:24 pm

ldzaw wrote:
Fri Oct 15, 2021 3:59 pm
I am an EU citizen working in the UK since 2014. I hold pre-settled status since 2018 and I want to change it to settled status. It is unclear to me how to change this status. I can view my pre-settled status online which is ok till 2023. Nevertheless, I want go abroad for a longer period so I want to apply for settled status. Do I need to start a new application? In my online profile there is no option to apply for a settled status. Anyone experience applying from pre-settled to settled?
There is no specific "update" procedure. As post above mentioned, one simply applies again, in exactly the same way, to get Settled Status.

In fact, one can apply as many times as one wants, and this doesn't erase the previous status. A fresh application does one of two things:

1. If the applicant has already completed the qualifying 5 years, it grants Settled Status
2. If applicant has not yet completed the qualifying 5 years, it re-grants Pre-Settled Status for another five years from the date of issuing the new status, effectively extending the validity of Pre-Settled Status.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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Re: Updating presettled to settled status

Post by expat1 » Fri Oct 15, 2021 5:40 pm

kamoe wrote:
Fri Oct 15, 2021 5:24 pm
ldzaw wrote:
Fri Oct 15, 2021 3:59 pm
I am an EU citizen working in the UK since 2014. I hold pre-settled status since 2018 and I want to change it to settled status. It is unclear to me how to change this status. I can view my pre-settled status online which is ok till 2023. Nevertheless, I want go abroad for a longer period so I want to apply for settled status. Do I need to start a new application? In my online profile there is no option to apply for a settled status. Anyone experience applying from pre-settled to settled?
There is no specific "update" procedure. As post above mentioned, one simply applies again, in exactly the same way, to get Settled Status.

In fact, one can apply as many times as one wants, and this doesn't erase the previous status. A fresh application does one of two things:

1. If the applicant has already completed the qualifying 5 years, it grants Settled Status
2. If applicant has not yet completed the qualifying 5 years, it re-grants Pre-Settled Status for another five years from the date of issuing the new status, effectively extending the validity of Pre-Settled Status.
Hi, could you explain point 2 above?
I thought pre-Settled status could not be extended over five years.

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Re: Updating presettled to settled status

Post by kamoe » Fri Oct 15, 2021 6:01 pm

expat1 wrote:
Fri Oct 15, 2021 5:40 pm
I thought pre-Settled status could not be extended over five years.
Not what is says on the EU Settlement Scheme caseworker guidance, page 56: https://assets.publishing.service.gov.u ... 3.0ext.pdf
Further applications
An applicant can only have one grant of limited or indefinite leave to enter or remain under the Immigration Rules at any one time. This means that, where a further valid application under the EU Settlement Scheme has been made after an earlier application under it has been decided:

• if the earlier application resulted in refusal, rejection, withdrawal, treatment as void or in any outcome other than a grant of leave under the scheme, then the latest application must be considered in the normal way
• if the earlier application resulted in settled status being granted, the further application must be treated as void
• if the earlier application resulted in pre-settled status being granted, the further application must be considered in the normal way

If you grant settled status where the applicant has pre-settled status, then it will vary (replace) the earlier grant of pre-settled status.

If you grant pre-settled status where the applicant has pre-settled status, then it will vary (replace) the earlier grant of pre-settled status. The date of the first grant of presettled status will remain the start date of their pre-settled status.

The expiry date of their pre-settled status will be five years from the date of decision on the further application for pre-settled status.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

expat1
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Re: Updating presettled to settled status

Post by expat1 » Fri Oct 15, 2021 8:04 pm

That’s interesting, it might open a series of consecutive pre-Settled statuses for people who have difficulties in converting to settle status, for example people who don’t work and their bills are in other people’s names.

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Re: Updating presettled to settled status

Post by kamoe » Fri Oct 15, 2021 8:38 pm

expat1 wrote:
Fri Oct 15, 2021 8:04 pm
That’s interesting, it might open a series of consecutive pre-Settled statuses for people who have difficulties in converting to settle status, for example people who don’t work and their bills are in other people’s names.
I doubt it.

Remember that to get Pre-Settled Status people still need to prove a continuous qualifying period of residence in the UK.

Now, see page 219, Evidence of residence: https://assets.publishing.service.gov.u ... 3.0ext.pdf

Getting Pre-Settled status for the first time is easy for people with next to zero evidence of residence, because evidence of first entry into the UK (boarding pass/stamp on passport) counts as evidence of residence in the UK for that month, so if people apply within a month of entering the UK, evidence of their date of entry is all they need to justify their continuous residence. But if people let it pass longer than a month before applying, they start needing more evidence to get Pre-Settled status (GP appointment, bank account, national insurance contributions, attendance to school, etc.).

So if someone already has Pre-Settled Status, and reapplies, but can't justify their continuous residence in the UK since they got issued their previous pre-settled status, they will be in the same situation as someone who came into the UK for the first time and didn't apply within a month of entry: they'll need to provide all the other evidence...

...Unless, they kept coming in and out of the UK every month, and kept applying every month for a new Pre-Setttled Status. Which cannot be done, since the continuous period of residence needs to have started before December 31st 2020, so new ins-and-outs won't trigger it (not to mention how hardly practical nor credible this would be).
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Allenmarkarian
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Re: Updating presettled to settled status

Post by Allenmarkarian » Sat Oct 16, 2021 4:02 pm

kamoe wrote:
Fri Oct 15, 2021 5:24 pm
ldzaw wrote:
Fri Oct 15, 2021 3:59 pm
I am an EU citizen working in the UK since 2014. I hold pre-settled status since 2018 and I want to change it to settled status. It is unclear to me how to change this status. I can view my pre-settled status online which is ok till 2023. Nevertheless, I want go abroad for a longer period so I want to apply for settled status. Do I need to start a new application? In my online profile there is no option to apply for a settled status. Anyone experience applying from pre-settled to settled?
There is no specific "update" procedure. As post above mentioned, one simply applies again, in exactly the same way, to get Settled Status.

In fact, one can apply as many times as one wants, and this doesn't erase the previous status. A fresh application does one of two things:

1. If the applicant has already completed the qualifying 5 years, it grants Settled Status
2. If applicant has not yet completed the qualifying 5 years, it re-grants Pre-Settled Status for another five years from the date of issuing the new status, effectively extending the validity of Pre-Settled Status.

Hi Kamoe,

Regarding point 2 above,
Spouse of EU citizen who hold pre-settled can re-apply and obtain another 5 years of pre-settled?(like extending the existing pre-settled status). Is that really possible? (Of course assuming that continuous residency started before 2020 and the other EU dependency met etc.)

Is it really possible?

Thank you!

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Re: Updating presettled to settled status

Post by kamoe » Sun Oct 17, 2021 7:24 am

Allenmarkarian wrote:
Sat Oct 16, 2021 4:02 pm
kamoe wrote:
Fri Oct 15, 2021 5:24 pm
ldzaw wrote:
Fri Oct 15, 2021 3:59 pm
I am an EU citizen working in the UK since 2014. I hold pre-settled status since 2018 and I want to change it to settled status. It is unclear to me how to change this status. I can view my pre-settled status online which is ok till 2023. Nevertheless, I want go abroad for a longer period so I want to apply for settled status. Do I need to start a new application? In my online profile there is no option to apply for a settled status. Anyone experience applying from pre-settled to settled?
There is no specific "update" procedure. As post above mentioned, one simply applies again, in exactly the same way, to get Settled Status.

In fact, one can apply as many times as one wants, and this doesn't erase the previous status. A fresh application does one of two things:

1. If the applicant has already completed the qualifying 5 years, it grants Settled Status
2. If applicant has not yet completed the qualifying 5 years, it re-grants Pre-Settled Status for another five years from the date of issuing the new status, effectively extending the validity of Pre-Settled Status.

Hi Kamoe,

Regarding point 2 above,
Spouse of EU citizen who hold pre-settled can re-apply and obtain another 5 years of pre-settled?(like extending the existing pre-settled status). Is that really possible? (Of course assuming that continuous residency started before 2020 and the other EU dependency met etc.)

Is it really possible?

Thank you!
I have shared all I know and referenced where I got the information I got, which is the caseworker guidance. In that sense, if you have read that, at this point I don't know anymore than you do.

Why would she want to keep extending her Pre Settled status, instead of just waiting for the time to qualify to Settled Satus and get it?

Just to clarify the difference between the requirements to get Settled or Pre Settled Status is NOT how strong/ how much evidence you give, is how long you have been resident in the UK. Someone in the UK for more than 5 year but zero evidence won't get pre settled status either, as they still need to prove residence and family affiliation when non-EU. Again, pre Settled status is not an "easier option" past the first application. Anyone would need the exact same evidence as if applying for settled status (in fact as we all know the application is the same, you don't choose which one you apply for, you just get the one you qualify for depending on how long you have been resident in the UK).
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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Re: Updating presettled to settled status

Post by HXvIA4d9 » Sun Oct 17, 2021 6:35 pm

kamoe wrote:
Fri Oct 15, 2021 6:01 pm
expat1 wrote:
Fri Oct 15, 2021 5:40 pm
The expiry date of their pre-settled status will be five years from the date of decision on the further application for pre-settled status.
An interesting case might be if a non-EU spouse with a pre-settled status is applying and can demonstrate a continuous qualifying period of 5 years for themselves but cannot support their application with evidence of a continuous qualifying period of their spouse.

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Re: Updating presettled to settled status

Post by kamoe » Sun Oct 17, 2021 7:01 pm

HXvIA4d9 wrote:
Sun Oct 17, 2021 6:35 pm
kamoe wrote:
Fri Oct 15, 2021 6:01 pm
expat1 wrote:
Fri Oct 15, 2021 5:40 pm
The expiry date of their pre-settled status will be five years from the date of decision on the further application for pre-settled status.
An interesting case might be if a non-EU spouse with a pre-settled status is applying and can demonstrate a continuous qualifying period of 5 years for themselves but cannot support their application with evidence of a continuous qualifying period of their spouse.
In that case their own five years won't be qualifying.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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Re: Updating presettled to settled status

Post by expat1 » Sun Oct 17, 2021 8:44 pm

kamoe wrote:
Fri Oct 15, 2021 8:38 pm
expat1 wrote:
Fri Oct 15, 2021 8:04 pm
That’s interesting, it might open a series of consecutive pre-Settled statuses for people who have difficulties in converting to settle status, for example people who don’t work and their bills are in other people’s names.
I doubt it.

Remember that to get Pre-Settled Status people still need to prove a continuous qualifying period of residence in the UK.

Now, see page 219, Evidence of residence: https://assets.publishing.service.gov.u ... 3.0ext.pdf

Getting Pre-Settled status for the first time is easy for people with next to zero evidence of residence, because evidence of first entry into the UK (boarding pass/stamp on passport) counts as evidence of residence in the UK for that month, so if people apply within a month of entering the UK, evidence of their date of entry is all they need to justify their continuous residence. But if people let it pass longer than a month before applying, they start needing more evidence to get Pre-Settled status (GP appointment, bank account, national insurance contributions, attendance to school, etc.).

So if someone already has Pre-Settled Status, and reapplies, but can't justify their continuous residence in the UK since they got issued their previous pre-settled status, they will be in the same situation as someone who came into the UK for the first time and didn't apply within a month of entry: they'll need to provide all the other evidence...

...Unless, they kept coming in and out of the UK every month, and kept applying every month for a new Pre-Setttled Status. Which cannot be done, since the continuous period of residence needs to have started before December 31st 2020, so new ins-and-outs won't trigger it (not to mention how hardly practical nor credible this would be).
Of course I mean genuine residents who still have lots of evidence, but might have a ‘hole’ of evidence during the five years, maybe this provision refers to them.

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Re: Updating presettled to settled status

Post by kamoe » Mon Oct 18, 2021 6:24 am

expat1 wrote:
Sun Oct 17, 2021 8:44 pm
kamoe wrote:
Fri Oct 15, 2021 8:38 pm
expat1 wrote:
Fri Oct 15, 2021 8:04 pm
That’s interesting, it might open a series of consecutive pre-Settled statuses for people who have difficulties in converting to settle status, for example people who don’t work and their bills are in other people’s names.
I doubt it.

Remember that to get Pre-Settled Status people still need to prove a continuous qualifying period of residence in the UK.

Now, see page 219, Evidence of residence: https://assets.publishing.service.gov.u ... 3.0ext.pdf

Getting Pre-Settled status for the first time is easy for people with next to zero evidence of residence, because evidence of first entry into the UK (boarding pass/stamp on passport) counts as evidence of residence in the UK for that month, so if people apply within a month of entering the UK, evidence of their date of entry is all they need to justify their continuous residence. But if people let it pass longer than a month before applying, they start needing more evidence to get Pre-Settled status (GP appointment, bank account, national insurance contributions, attendance to school, etc.).

So if someone already has Pre-Settled Status, and reapplies, but can't justify their continuous residence in the UK since they got issued their previous pre-settled status, they will be in the same situation as someone who came into the UK for the first time and didn't apply within a month of entry: they'll need to provide all the other evidence...

...Unless, they kept coming in and out of the UK every month, and kept applying every month for a new Pre-Setttled Status. Which cannot be done, since the continuous period of residence needs to have started before December 31st 2020, so new ins-and-outs won't trigger it (not to mention how hardly practical nor credible this would be).
Of course I mean genuine residents who still have lots of evidence, but might have a ‘hole’ of evidence during the five years, maybe this provision refers to them.
Again, the requirements are the same for both.

If you have a whole that prevents you from getting Settled status, then the same whole will prevent you from getting pre Settled status. An unexplained whole will reset your period of residence to start from application date but this period needs to have started before December 31st 2020, so won't help anyone now; it's too late.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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Re: Updating presettled to settled status

Post by expat1 » Mon Oct 18, 2021 11:15 am

That’s why I thought pre-Settled status could not be extended in any case, but as you found that paragraph on the caseworker guidance suggesting it can, I’m curious to know in what cases this extension applies.

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Re: Updating presettled to settled status

Post by kamoe » Mon Oct 18, 2021 11:34 am

expat1 wrote:
Mon Oct 18, 2021 11:15 am
That’s why I thought pre-Settled status could not be extended in any case, but as you found that paragraph on the caseworker guidance suggesting it can, I’m curious to know in what cases this extension applies.
In my opinion extending pre settled status is completely useless. And, also in my opinion, that provision is there with the sole purpose of avoiding contradicting the mandates that seem to guide the Settlement Scheme:

1. If someone makes a valid application and has proved a continuous period of residence, then the application outcome has to be positive.
2. If someone proves a continuous period of less than 5 years, the application outcome has to be pre settled status of 5 years from date of decision.
3. If someone proves a continuous period of 5 years of more, the application outcome has to be settled status.

There is no way for them to not contradict the above without this provision of extending pre-settled status for another 5 years. This will be the case of people applying for settled status too early, when they aren't yet eligible. I cannot think of another scenario for this, nor of any real practical use for this extension.

I am just conscious that the original question has long been answered, so I invite anyone with further thoughts on this to open a new topic (I won't contribute anymore here).
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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Re: Updating presettled to settled status

Post by itsgc » Wed Oct 27, 2021 8:39 am

Hi, getting back to the original question of how to Switch from Pre-Settled to Settled, i feel like this is not spelled out nearly enough in either the official gov.uk documentation nor in this thread.

Posting this as the guide i wish i had found when i was trying to do this myself.

the Gov.UK website has conflated two different processes in one:

1) Authentication / Validation of your Identity
2) Application to the EUSS.

This is extremely counter-intuitive and leads to the confusion listed in the original question in this thread.

When you visit the "Switch from pre-settled status to settled status" page on gov.uk you are presented with this:
Image

Clicking on that link leads you to the following page:
Image

If you have pre-settled status, you already proved your identity and you will have a valid account you can "Sign In" to.

It would be entirely reasonable for you to assume you can get into your existing account (for which, again, you already proved your identity) and have some means to make the transition from pre-settled to settled.

Signing in into your account offers no option for creating a new application, so again

it would be entirely reasonable for you to assume you can open your old application and somehow upgrade it to switch to Settled status.

Neither of these two very reasonable things are true.

You already proved your identity for pre-settled status but the only way to begin the Settled status application process is to click "Prove your identity" and go through the entire process *again* from scratch as if you never had an account in the first place, including passport scans, pictures etc.

My second worry when i went through this was: This is the same login information i use when i need to prove my immigration status. If i sign up again from scratch for Settled status will i lose the ability to see my pre-settled status and prove it?

No. If you complete a brand new application for Settled Status and then try to login to the above page, you will still log into your old account but there will be 2 different applications now.

Here is an anonymized version of mine (you will see application numbers and dates here, which i have removed, so you will be able to tell the two applications, one you did in the past for pre-setteld and the most recent one you did for settled, apart):
Image

I have not yet received the letter confirming Settled status so i cannot speak for what happens then but for now i am still fully able to prove my status via the "Prove your status" website and there is no trace in there of the fact i applied for Settled. I just get the normal "Pre-settled" status page i always got before applying for Settled.

Hope this answers some questions for people because i sure as heck wondered all of this!

Best

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Re: Updating presettled to settled status

Post by alterhase58 » Wed Oct 27, 2021 9:05 am

You already proved your identity for pre-settled status but the only way to begin the Settled status application process is to click "Prove your identity" and go through the entire process *again* from scratch as if you never had an account in the first place, including passport scans, pictures etc.
Your wonderment is understandable.
For any subsequent application (for example after pre-settled) made under UK immigration regulations you have to prove identity and where necessary residency, work, income, etc. Unfortunately it's not a case of re-visiting and updating the previous file. And where biometrics are required you will have to book/pay for every time. And if you are thinking of naturalisation (not an immigration application) you more or less provide the same data, plus biometrics...
Good luck with the current application.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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