Check if you can get pre-settled status or settled status
Mae'r cyngor hwn yn berthnasol i Cymru. Gweler cyngor ar gyfer Gweler cyngor ar gyfer Lloegr, Gweler cyngor ar gyfer Gogledd Iwerddon, Gweler cyngor ar gyfer Yr Alban
You need permission to live in the UK if you're from a country in the EU, European Economic Area (EEA) or Switzerland.
The EEA includes EU countries and Norway, Iceland and Liechtenstein.
Your options for staying in the UK depend on your situation.
The deadline for most people to apply for pre-settled or settled status through the EU Settlement Scheme was 30 June 2021. You might still be able to apply if you’re in one of these situations:
you started living in the UK by 31 December 2020 and have a good reason for making a late application - you must include evidence to prove this
your family member has pre-settled or settled status and you want to join them in the UK
you have a valid biometric residence permit or visa - other than indefinite leave
If you’re not in any of these situations, you can only stay in the UK as a visitor for up to 6 months. If you want to live in the UK, you’ll need a work, study or family visa. You can check if you can get a visa on GOV.UK.
If you’re a British or Irish citizen, you don’t need permission to stay in the UK. If you have family members who aren’t British or Irish, you can check if your family can stay in the UK.
If you applied to the EU Settlement Scheme by 30 June 2021
If you already have pre-settled or settled status from the EU Settlement Scheme, you have permission to stay in the UK.
If you applied on time and you’re waiting for a decision, you can check how to prove your rights in the UK.
If you started living in the UK by 31 December 2020
If you haven't applied to the EU Settlement Scheme yet, what you need to do depends on your immigration status.
You should check if you can make a late application for pre-settled or settled status if:
you don't have a biometric residence permit or visa
you have indefinite leave
If you have a valid biometric residence permit or visa, you need to apply for pre-settled or settled status before your leave expires. This doesn’t count as a late application.
If you started living in the UK after 31 December 2020
If you have a family member in the UK with pre-settled or settled status, you might be able to apply to stay with them in the UK under the EU Settlement Scheme. Your relationship with them must have started before 31 December 2020.
You can also apply for your child if they were born after 31 December 2020.
You can only apply to stay with your family member if you have either:
an EEA or EU Settlement Scheme family permit - you must apply within 3 months of arriving in the UK
a residence card
a valid visa - for example, a work, study or family visa
If you came to the UK as a visitor and are a citizen of a country outside the EU, EEA or Switzerland, you’ll need to leave and apply from outside the UK.
Find out more about applying to the EU Settlement Scheme as a family member, including applying from outside the UK.
If you’re not eligible to apply as a joining family member, you can’t apply to the EU Settlement Scheme. If you want to live in the UK, you’ll need a work, study or family visa. You can check if you can get a visa on GOV.UK.
If you’re a citizen of a country outside the EU, EEA or Switzerland
You might be able to make a late application to the EU Settlement Scheme if you have family in the UK who are from the EU, EEA or Switzerland and both of the following are true:
you and your family member were in the UK by 31 December 2020
your relationship with them started before 31 December 2020 – unless they’re a Swiss citizen
You need to apply to the scheme even if you have a permanent residence card as it isn't valid any more.
Check if you can apply to the EU Settlement Scheme.
If you weren’t in the UK by 31 December 2020
You might be able to apply to the EU Settlement Scheme if you entered the UK with:
an EEA or EU Settlement Scheme family permit
a residence card
a valid work, study or family visa
If you came to the UK as a visitor, you’ll need to leave and apply from outside the UK. Find out more about applying to the EU Settlement Scheme from outside the UK.
If your relationship ended or your family member died
You might be able to apply to the EU Settlement Scheme if your relationship with an EU, EEA or Swiss citizen has ended.
The family member doesn’t have to be your partner - for example, it could be your parent or child.
If your relationship with your family member broke down because of domestic abuse, you can still apply to the EU Settlement Scheme - you should get specialist immigration advice first.
If you got a divorce or your family member died, check if you can still apply to the EU Settlement Scheme on GOV.UK.
Making a late application to the EU Settlement Scheme
If you missed the deadline to apply to the EU Settlement Scheme, your rights in the UK have changed.
The deadline to apply for most people was 30 June 2021. If you’ve come to the UK since then to join a family member with EU or EEA citizenship, your deadline to apply is 3 months after you entered the UK.
You can make a late application if you had a good reason for missing the deadline - you should do this as soon as possible. You must include evidence to show why you couldn’t apply on time.
You might have a good reason if:
you couldn’t apply on time for practical reasons
you couldn’t apply on time for compassionate reasons
you didn’t know you needed to apply
There might be other good reasons why you couldn’t apply on time.
If you couldn't apply on time for practical reasons
You might have a good reason if you're making a late application because:
you were homeless
you're disabled or have other support needs
you were in prison and you didn’t have access to advice or documents
You can also make a late application if you couldn’t get the evidence you needed in time. If you’re waiting for a new passport or national identity card, you can still make a late application. You’ll need to:
ask your embassy for a letter confirming you’ve applied for a new passport or identity card
apply to the EU Settlement Scheme on a paper form - find out more about applying on a paper form
If you couldn't apply on time for compassionate reasons
You might have a good reason if you’re making a late application because you:
have experienced domestic abuse
are a child and your parents didn’t apply for you
are a child in care or you recently left care
are a trafficking victim
If you didn't know you needed to apply
You might have a good reason if you’re making a late application because you:
had a ‘permanent residence document’ - this is sometimes called a ‘document certifying permanent residence’
have been living in the UK for a long time - and your landlord or employer told you after 30 June 2021 that you didn’t need to apply
travelled out of the UK after 30 June 2021 then came back to the UK - and you weren’t told at the UK border that you needed to apply
Proving your reasons for making a late application
When you make a late application, you should say what your reasons are.
You must include evidence to show why you're making a late application.
Your evidence should:
show you have a good reason for not making your application until now
account for the entire time since the deadline
If you’re from the EU, EEA or Switzerland and entered the UK on a visitor visa, you’ll need to include evidence to prove the date you entered the UK - for example, with a ticket or an entry stamp.
Talk to an adviser if you're not sure what evidence to use.
If you don’t have a good reason for making a late application
If the Home Office decides you don’t have a good reason for making a late application, it will be considered ‘invalid’ and you won’t have a right to appeal.
You won't usually be able to prove you have a good reason for making a late application if you’ve applied to the EU Settlement Scheme previously and were refused. Your previous application shows that you were aware of the deadline and able to apply on time.
Talk to an adviser before you make a late application.
Check what your rights are if you haven’t applied
If you arrived in the UK by 31 December 2020 and you haven’t applied to the EU Settlement Scheme yet, you don’t have permission to be in the UK. This will affect your rights.
If you make a late application, you’ll get your rights back while you’re waiting for a decision.
If you want to leave the UK and come back again
If you leave the UK, you might not be allowed to enter the country again.
If you left the UK and were refused entry when you came back, you should apply to the EU Settlement Scheme from outside the UK - if you’re eligible to make a late application.
If you get benefits or want to make a new claim
You can’t claim most benefits until you get pre-settled or settled status - this includes Universal Credit.
If you already get benefits
You might stop getting them if you didn’t apply for pre-settled or settled status by 30 June 2021.
If your benefits do stop, you can make a new claim if you get pre-settled or settled status.
If you’re waiting for a decision from the EU Settlement Scheme, you should be allowed to claim benefits if you arrived in the UK by 31 December 2020 and you can show that either:
you’ve lived in the UK for 5 years
you have a right to reside
You can check if you have a right to reside.
If you want to work or study
If you want to start working or studying, you’ll have to prove your right to work or study. You can’t do this until you get pre-settled or settled status.
If you started working or studying by 30 June 2021 and you already proved your right to work or study, you shouldn't have to prove it again.
If you’re asked to prove your right to work or study again, it might be discrimination.
If you want to bring family to the UK
Your family members can’t apply to join you in the UK through the EU Settlement Scheme until you get pre-settled or settled status.
You can check if your family members can join you in the UK.
Check what you need to apply for
What you need to apply for depends on how long you’ve lived in the UK and if you’ve applied to stay in the UK before.
If you’ve spent time living in the Channel Islands or the Isle of Man, this counts as time living in the UK.
If you’ve lived in the UK for less than 5 years
You should make a late application for pre-settled status. To get it, you'll need to prove you:
lived in the UK for at least 1 day on or before 31 December 2020
haven’t left the UK for more than 6 months since 31 December 2020
If you get pre-settled status, you can live and work in the UK for up to 5 years.
While you have pre-settled status, you can leave the UK for a total of 6 months in any 12-month period. If you're away for more than 6 months, you might lose your pre-settled status.
After you’ve lived in the UK for 5 years in a row, you should apply for settled status to stay for longer. The 5 years can include time before you got pre-settled status.
Find out more about what you need to apply for pre-settled status.
If you retired or had to stop working
If you get a UK State Pension, you’ll automatically get settled status if your late application to the EU Settlement Scheme is successful.
You might get settled status if you've lived in the UK for less than 5 years and any of the following apply:
you had to stop working permanently because of an accident or illness
you retired early
you stopped working when you reached State Pension age - check your State Pension age on GOV.UK
Talk to an adviser before you apply.
If you've lived in the UK for 5 years or more
You should make a late application for settled status.
If you get settled status, you can:
live and work in the UK for as long as you like
live outside the UK for up to 5 years in a row without losing your status - 4 years if you're Swiss
bring your family to live in the UK
apply for British citizenship 1 year after getting your status - or immediately if your husband, wife or civil partner is a British citizen
Find out what you need to apply for settled status.
If you have a ‘permanent residence’ document
This is sometimes called a ‘document certifying permanent residence’.
Your permanent residence document isn't valid any more. If you haven't applied for settled status already, check if you can make a late application.
You’ll have the same rights with settled status that you had with permanent residence.
You might also find it easier to apply for British citizenship after you get settled status.
If you have ‘indefinite leave to remain’ or ‘indefinite leave to enter’
You don't need to apply to stay in the UK if you have indefinite leave to remain or to enter.
However, if you need to live outside the UK in the future, you could make a late application to the EU Settlement Scheme for settled status. You can live outside the UK for 5 years without losing your settled status. With indefinite leave to remain, you can only live outside the UK for 2 years.
If you have indefinite leave to remain and you didn’t realise you could apply to the EU Settlement Scheme, the government has said this is a good reason for making a late application.
If you're not sure if you have indefinite leave to remain
If you have indefinite leave to remain, you'll usually have one of these:
a stamp or document in your passport
a letter from the Home Office
a residence permit with a biometric chip (known as a 'biometric residence permit')
If you’re not sure if you have indefinite leave to remain or you can’t find the documents, you should check if you can make a late application for settled status. If you came to the UK before 1989, you can also apply to the Windrush Scheme to get new documents. Both schemes are free to apply to.
If you or your child were born in the UK
If you were born in the UK, you might not need to apply to stay - you might already be a British citizen.
Check if you're a British citizen on GOV.UK.
If you’re not already a British citizen or you don’t want citizenship, check if you can make a late application for settled status.
Find out what you need to apply for settled status.
If your child was born in the UK
If you have settled status when your child is born, they will automatically get British citizenship.
If you got settled status after your child was born, they will still be a British citizen if both of the following apply:
you were eligible for settled status on 30 June 2021
they were born after 30 June 2021
If you have pre-settled status, or haven’t applied to the EU Settlement Scheme yet, you’ll need to apply to the scheme for your child within 3 months of their birth. If you don’t, you might have to pay NHS charges for hospital treatment your child receives.
If you're a Maltese or Cypriot citizen
If you were living in the UK on or before 1 January 1973, you might not need to apply to stay in the UK. You might have been given indefinite leave to remain without applying for it.
If you have indefinite leave to remain, you'll usually have:
a stamp or document in your passport
a letter from the Home Office
a residence permit with a biometric chip (known as a 'biometric residence permit')
You will not be able to apply to the EU Settlement Scheme if you already have 'right of abode' in the UK. If you have right of abode, you don't need permission under the immigration rules or EU law to live in the UK. You should have a certificate of entitlement to right of abode in your current or previous passport.
If you're not sure if you have indefinite leave to remain
If you're not sure if you have indefinite leave to remain or you can't find the documents, you can apply:
to the EU Settlement Scheme for settled status
through the Windrush Scheme for new documents to prove you have indefinite leave to remain
Both schemes are free to apply to.
If you need to live outside the UK in the future, you should check if you can make a late application for settled status. You can live outside the UK for 5 years without losing your settled status. With indefinite leave to remain, you can only live outside the UK for 2 years.
Find out what you need to apply for settled status.
Find out more about applying to the Windrush Scheme on GOV.UK.
Claiming benefits and getting help with housing
If you have settled status, you can apply for benefits or help with housing from your local council.
If you have pre-settled status, you can apply for benefits and housing help if you also have a ‘right to reside’ - this depends on things like your work and family.
You can check if you have a right to reside for benefits and check if you have a right to reside for housing.
Talk to an adviser if you’re worried about claiming benefits and getting help with housing.
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Adolygwyd y dudalen ar 01 Gorffennaf 2021