Maintaining Your Status: Rules for EU Nationals with Settled or Pre-Settled Status in the UK

The introduction of the EU Settlement Scheme has provided a lifeline for EU, EEA, and Swiss nationals and their families to continue living, working, and studying in the UK post-Brexit. However, securing Settled or Pre-Settled Status is just the beginning. Maintaining these statuses requires careful attention to the rules and understanding your rights. For those living in East Ham, TMC Solicitors offers expert legal guidance to ensure you remain compliant and explore pathways to citizenship.

In this article, we’ll explain how to maintain your Settled or Pre-Settled Status, your eligibility for benefits, and your options for becoming a British citizen.

What Are Settled and Pre-Settled Statuses?

• Settled Status: Granted to those who have lived in the UK continuously for five years. It allows indefinite residence, giving you the right to work, study, and access benefits.


• Pre-Settled Status: Given to individuals who have not yet completed five years of continuous residence. It is temporary and valid for five years, during which you can build your eligibility for Settled Status.

If you’re unsure about your current status or need help transitioning from Pre-Settled to Settled Status, consulting an immigration solicitor East Ham, such as TMC Solicitors, can help.

How to Maintain Settled or Pre-Settled Status

1. Continuing Residence Requirements

• For Settled Status, you must ensure you do not leave the UK for more than five consecutive years. Doing so may result in the loss of your status.


• For Pre-Settled Status, you cannot be absent from the UK for more than six months in any 12-month period (with some exceptions for special circumstances, like illness or study abroad).

2. Reporting Changes in Circumstances

Changes such as a new address, name, or copyright number should be updated with the Home Office. Failing to report these updates could complicate future applications or legal rights.

3. Avoiding Criminal Activity

Engaging in serious criminal behaviour can lead to the revocation of your status. Legal assistance from TMC Solicitors ensures that even if you face allegations, your immigration rights are protected.

4. Upgrading from Pre-Settled to Settled Status

To move from Pre-Settled to Settled Status, you must apply before your Pre-Settled Status expires. This requires evidence of continuous residence for five years, which includes utility bills, bank statements, or tenancy agreements.

Our team at TMC Solicitors in East Ham specialises in such applications, ensuring you provide accurate documentation and meet all legal requirements.

Eligibility for Benefits with Settled or Pre-Settled Status

1. Settled Status Benefits

Individuals with Settled Status enjoy the same rights as British citizens when accessing public funds, including:

• Universal Credit


• Housing Assistance


• National Health Service (NHS)

2. Pre-Settled Status Benefits

While Pre-Settled Status holders also have access to public healthcare and may claim some benefits, eligibility is often scrutinised. You may need to prove you are a “qualified person” (e.g., employed, self-employed, or studying).

If you encounter issues accessing benefits, an immigration solicitor East Ham can represent you in appeals or disputes with government authorities.

Pathways to British Citizenship

Achieving British citizenship is the ultimate goal for many EU nationals. Here’s how TMC Solicitors can guide you:

1. Eligibility for Citizenship

• You must hold Settled Status for at least 12 months.


• Meet residency requirements, including spending no more than 90 days outside the UK in the 12 months before applying.


• Pass the Life in the UK Test and prove your English language skills.

2. Application Process

The citizenship application is detailed and requires evidence of identity, residence, and good character. Any errors or omissions can lead to delays or rejection. TMC Solicitors ensures your application is complete, accurate, and compelling.

3. Benefits of Citizenship

Becoming a British citizen allows you to vote, access unrestricted benefits, and travel freely under a British copyright. It also secures your future in the UK, free from immigration rules.

Why Choose TMC Solicitors in East Ham?

When it comes to navigating the complexities of the EU Settlement Scheme and British citizenship, local expertise matters. TMC Solicitors in East Ham offers:

• Personalised Advice: Every case is unique, and we tailor our guidance to your specific circumstances.


• Expertise in Immigration Law: Our team is well-versed in EU Settlement Scheme rules and citizenship applications.


• Comprehensive Support: From documentation to representation in disputes, we are with you every step of the way.


• Convenient Location: Based in East Ham, we provide accessible and trusted services to the local community.

Take Control of Your Immigration Journey Today

Maintaining your Settled or Pre-Settled Status and pursuing British citizenship can be a complex process, but you don’t have to face it alone. With the help of an experienced immigration solicitor East Ham like TMC Solicitors, you can safeguard your status, access your rights, and plan a secure future in the UK.

Contact TMC Solicitors today to schedule a consultation and take the first step towards protecting your immigration status. Whether you need assistance with compliance, benefits, or citizenship, our team is here to provide expert legal support.