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Hi there,

My friend is an EEA national, who moved to the UK in the summer of 2019, when she applied and obtained her pre-settled status. However, she has failed the right to reside test, as she is not on employment or self-employed. I believe this will affect her eligibility to upgrade to settled status after 5 years. She has started very recently a business as a sole trader en self-employment, which will give her the right to reside for the remaining part of her pre-settled status.

My question is, can my friend extend her pre-settled status or make a new fresh application again now, while the scheme is open? Will she struggle to obtain a settled status after 5 years if she was living in the UK, but did not work or was self-employed? I understand that the first 3 months are treated as initial residence for the EEA nationals moving to the UK and that the EU settlement scheme allows up to 6 months of absence in any 12 months period. Thus, could my friend apply for settlement if she did not work in the first 9 months living in the UK?

Any response and clarification will be greatly appreciated.

Best,

Note that the UK Settled Status scheme is under UK regulations, not EU, and doesn't have the concept of "exercising treaty rights". EU Treaty Rights are irrelevant when your friend comes to upgrade to full settled status, after five years.

Dear alterhase58,

Thank you for reminding that the UK Settled Status scheme is only under UK regulations. However, my question was concerned with the fact that an UK settlement application requires evidence that the person has been economically active (either as self-employed or on employment) for the previous 5 years period. As my friend was unemployed for the first 8 months of her pre-settled status, she did not have the right to reside, which is a UK . Will this gap in her right to reside in the UK affect her eligibility to apply for the settled status when time comes?

Thanks again!

Settled status does NOT ask for economic activity. It is based in residence.

EU PR under the EU rules is the one that asked for evidence of economic activity.