EU Pre-Settled Status
What is EU Pre-Settled Status? Understand work rights, expiry dates, and upgrading to settled status for EU citizens in the UK.
Last updated: 30 January 2025
Pre-settled status allows EU citizens to work in the UK but has an expiry date.
What Is Pre-Settled Status?
Definition
| Feature | Detail |
|---|---|
| Temporary status | Under EUSS |
| 5-year grant | Has expiry date |
| Full work rights | While valid |
| Pathway | To settled status |
Who Receives It
| Person | Pre-Settled If |
|---|---|
| EU citizen | Less than 5 years in UK |
| Applied before | EUSS deadline |
| Residence | Not yet qualifying |
Work Rights
While Valid
| Right | Detail |
|---|---|
| Any job | No restrictions |
| Self-employment | Allowed |
| No sponsor | Not required |
| Same as settled | For work purposes |
Employer Position
| For Employers | Approach |
|---|---|
| Can employ | Full right to work |
| Check online | Same process |
| Note expiry | For follow-up |
Checking Pre-Settled Status
Online Verification
| Step | Action |
|---|---|
| 1 | Employee generates share code |
| 2 | Enter on gov.uk service |
| 3 | View confirmation |
| 4 | Note expiry date |
| 5 | Save record |
What You'll See
| Information | Shown |
|---|---|
| Status type | Pre-settled |
| Work rights | Yes |
| Expiry date | Specific date |
| Photo | For verification |
The Expiry Issue
Why It Matters
| Concern | Detail |
|---|---|
| Status expires | After 5 years |
| Must upgrade | To settled status |
| Or reapply | For pre-settled |
| Risk | Losing work rights |
Expiry Dates
| If Granted | Expires |
|---|---|
| January 2020 | January 2025 |
| June 2021 | June 2026 |
| December 2021 | December 2026 |
Employer Obligations
At Initial Check
| Action | Detail |
|---|---|
| Verify status | Online check |
| Record expiry | Note the date |
| Set reminder | For follow-up |
| Statutory excuse | Established |
Follow-Up Checks
| Requirement | Detail |
|---|---|
| Before expiry | Recheck status |
| If upgraded | New confirmation |
| If expired | Cannot continue work |
| Document | All checks |
Timeline for Follow-Up
| When | Action |
|---|---|
| 3 months before | Remind employee |
| At expiry | Must recheck |
| If no valid status | Cannot work |
Upgrading to Settled Status
Requirements
| To Upgrade | Need |
|---|---|
| 5 years residence | Continuous |
| Pre-settled held | Currently valid |
| Apply before | Expiry date |
The Process
| Step | Detail |
|---|---|
| Apply online | Free |
| Prove residence | Evidence |
| Decision | Usually quick |
| New status | Indefinite |
Continuous Residence
| Absence | Effect |
|---|---|
| Under 6 months | Usually fine |
| 6-12 months | One allowed |
| Over 12 months | Breaks continuity |
If Status Expires
Without Upgrading
| Situation | Consequence |
|---|---|
| Expires | No right to work |
| Didn't apply | Must leave or apply |
| Still in UK | Uncertain status |
Can They Reapply?
| Position | Options |
|---|---|
| May reapply | For pre-settled |
| If eligible | Continuous residence |
| Late applications | Still possible |
| Seek advice | Immigration specialist |
Employee Responsibilities
They Should
| Action | Why |
|---|---|
| Track expiry | Their responsibility |
| Apply in time | For settled status |
| Inform employer | Of status changes |
| Generate codes | When asked |
Employer Can Remind
| Helpful To | But |
|---|---|
| Remind employees | Of upcoming expiry |
| General information | Not immigration advice |
| Resources | gov.uk links |
Common Scenarios
Scenario 1: Employee's Status Expiring
| Situation | Action |
|---|---|
| Expiry in 2 months | Remind employee |
| Ask for update | On application |
| Recheck when needed | Before expiry |
Scenario 2: Applied But Pending
| If Applied | Position |
|---|---|
| Application pending | Still has rights |
| Certificate of application | Proves status |
| Check online | May show pending |
Scenario 3: Expired Without Action
| If Expired | Employer Must |
|---|---|
| Check status | Immediately |
| If no valid status | Cannot employ |
| Seek advice | Complex situation |
Pending Applications
While Awaiting Decision
| Position | Detail |
|---|---|
| Previous leave | Continues |
| Certificate of application | May be issued |
| Can work | While pending |
| Online may show | "Pending" |
Proving Pending Status
| Evidence | Acceptable |
|---|---|
| Certificate of application | Yes |
| Email confirmation | Yes |
| Online status | Check via share code |
Record Keeping
What to Keep
| Record | Detail |
|---|---|
| Check confirmation | Screenshot/print |
| Expiry date | Noted clearly |
| Follow-up checks | When done |
| Any updates | Status changes |
How Long
| Period | Duration |
|---|---|
| During employment | Continuous |
| After leaving | 2 years |
| Securely stored | Data protection |
Discrimination Warning
Don't
| Action | Why Wrong |
|---|---|
| Refuse pre-settled | Valid status |
| Prefer settled | Discrimination |
| Treat differently | Unlawful |
| Assume issues | Based on status |
Do
| Action | Why Right |
|---|---|
| Accept valid status | It's legal |
| Same process | For everyone |
| Check expiry | As admin task |
| Set reminders | Proactively |
Summary
Key Points
| Element | Detail |
|---|---|
| Valid for work | Yes, while current |
| Has expiry | 5 years from grant |
| Must upgrade | To settled status |
| Follow-up needed | Before expiry |
| Online check | Required |
Related answers
EU Settled Status
What is EU Settled Status and how does it affect right to work? Understand employment rights for EU citizens with settled status in the UK.
Right to Work Checks: UK Employer Guide
UK employers must verify every employee's right to work before they start. Learn the 3 methods, required documents, and penalties for non-compliance.
Online Right to Work Check
How do you conduct an online right to work check? Step-by-step guide to using the Home Office checking service with share codes.
Frequently Asked Questions
- Can someone with pre-settled status work in the UK?
- Yes. Pre-settled status holders have full right to work in the UK without restrictions. They can work in any job and don't need a visa or sponsor.
- Does pre-settled status expire?
- Yes. Pre-settled status is granted for 5 years and must be upgraded to settled status before it expires. If it expires without upgrading, the person may lose their right to work.
- How do I check pre-settled status?
- Use the Home Office online checking service with a share code from the employee. The process is the same as for settled status - physical documents alone aren't sufficient.