Question to the Home Office:

To ask the Secretary of State for the Home Department, what his policy is on people to whom the EU Settlement Scheme will apply and who have held pre-settled status for five years but cannot qualify for Settled Status due to excessive absences being able to apply for a further five years' pre-settled status leave.

To be eligible for settled status under the EU Settlement Scheme, applicants will generally be required to demonstrate continuous residence in the UK for a minimum of five years in one of the eligible categories. This reflects the continuous residence criteria for the acquisition of ‘permanent residence’ under the Free Movement Directive, and the approach agreed with the European Union in the draft Withdrawal Agreement.

Should an applicant not be immediately eligible for settled status, and instead be granted pre-settled status (five years’ limited leave to remain), they must continue to meet these continuous residence criteria in order to qualify for settled status. This will be made clear to them when they are granted pre-settled status.

Those granted pre-settled status who are not eligible for settled status before the expiry of their five years’ limited leave to remain, owing to excess absence(s) from the UK, will have the option of applying for leave to remain under the new skills-based immigration system.