Expiration of Pre-Settled status?

[kamoe]

Answering an off-topic question from another post:

Is the pre settled status being offered for 5 years/remaining period to allowing 5 years stay or it is also valid only until 31 Dec 2020. Reason for asking is that if it's not until the 5 year period (potential to apply settled status) then it doesn't make much sense for those with BRP to apply until then .

As far as I understand Settled Status or Pre-Settled status do not expire; they are not "offered" for any fixed period of time. What is due to expire in December 31st 2020 are all the old Residence Cards that were issued under EU law.

As a non-EU family member of an EU national, you can apply for either Settled or Pre-Setled status, whatever you qualify for, with a deadline of December 2020, precisely because your old RC will expire by then. Which one you apply for, and when, it's up to you.

For example, if you have completed less than 5 years now, you can apply now for Pre-Settled Status. Or, you could wait until you complete the 5 years, provided this is achieved before December 31st 2020 and that your RC has not expired before that, and apply for Settled status then. However, if by December 31st 2020 you still have not completed the 5 years, then you absolutely need to apply for Pre-Settled status by then as your old RC won't cover you, as it will be expired.

As a EU national the same Settled/Pre-settled choice apply, just that you have somewhat different deadlines, as you are not bound to a RC. Deadline is June 30th 2021 if there is a deal, or December 31st 2020 if no deal.