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Settled status gives an EU, EEA or Swiss citizen (and their family members) permission to live and work in the UK permanently, with no expiry date and no work restrictions. It was granted under the EU Settlement Scheme to those who had lived in the UK for five continuous years before the scheme's deadline; anyone with less than five years' residence was generally granted pre-settled status instead, which does have an expiry date.
What settled status actually gives someone, beyond the right to work
For an employer, the relevant fact is that settled status carries no work restriction. But it's worth understanding the wider entitlement, because it explains why employees sometimes ask HR questions that go beyond payroll or right-to-work paperwork: settled status also gives access to public services on the same basis as a UK national — the NHS, state benefits where eligibility criteria are otherwise met, and access to education — and after twelve months of holding it, most people become eligible to apply for British citizenship if they choose to. None of that changes how you check their right to work, but it's useful context if an employee raises it during onboarding.
Settled status vs pre-settled status — why the difference matters for a right to work check
Both statuses appear through the same online right to work check, but they behave differently over time. Settled status doesn't expire and needs no repeat check once confirmed. Pre-settled status has an end date, after which the holder needs to have applied to upgrade — if they haven't, a repeat check may show their permission has lapsed even though they're still eligible to apply.
Automatic conversion: not every upgrade requires an application
The Home Office has moved toward automatically converting some pre-settled status holders to settled status once they reach five years' continuous residence and pass the necessary checks, rather than requiring every holder to submit a fresh application. This doesn't cover everyone, and it doesn't happen on a fixed date you can plan around — so it should be treated as a possible bonus, not a substitute for your own tracking of expiry dates. If a repeat check shows someone has already moved to settled status without you being told, that's consistent with an automatic conversion and isn't something to query with the employee as unusual.
What to do when pre-settled status is close to expiry
- Note the expiry date shown on the original check result, not just the interview date.
- Set a reminder several weeks ahead of that date rather than waiting for a scheduled annual review.
- If the date passes without an upgrade, ask for evidence of an application made before the deadline — don't just take their word for it.
- Where an application was made in time but hasn't been decided, ask the employee to show the acknowledgement of their pending application rather than treating the lapsed status as a hard stop.
Continued right to work while an upgrade application is pending
A common and costly mistake is assuming that once pre-settled status shows as expired, the employee's right to work has also ended. In practice, someone who applies to the EU Settlement Scheme (or to upgrade from pre-settled to settled status) before their existing permission runs out typically has their rights extended automatically while the application is decided, under what's sometimes called the 3C-equivalent protection for EUSS cases. The safest approach is never to rely on memory of how this works in a specific case — ask for evidence of the in-time application and, where there's genuine doubt, use the Home Office employer checking service helpline rather than making the call unilaterally.
Family members and dependants
A family member of an EU, EEA or Swiss citizen can hold settled or pre-settled status in their own right, including where the family member is not themselves an EU national. Their status is checked the same way — through their own share code — and their expiry timeline runs independently of their sponsoring family member's, so a family member's pre-settled status can lapse even while the EU citizen they're connected to already holds settled status.
Continuous residence: what can put settled status at risk
Settled status is generally secure once granted, but it isn't entirely unconditional — a sufficiently long continuous absence from the UK can cause it to lapse, since the scheme is built around ongoing residence rather than a one-off grant. The specific length of absence that triggers this, and the exceptions that apply, are set out in current GOV.UK guidance and are worth checking directly if an employee mentions an extended period working or living abroad, rather than assuming settled status is permanent regardless of circumstances.
How Annaizu handles this
For any employee whose status carries an expiry date — pre-settled status included — Annaizu's dashboard tracks that date against the original check result and surfaces it as an upcoming action, alongside a record of any evidence supplied for a pending upgrade application, so a lapsed-looking status doesn't get treated as a right-to-work failure when it's actually a case in progress.
FAQ
Do I need to ask an EU citizen for right to work evidence differently from anyone else?
No — since the end of free movement, EU, EEA and Swiss citizens are checked through the same digital right to work process as anyone else, using a share code.
What happens if someone missed the EU Settlement Scheme deadline entirely?
Late applications are still considered where there's a reasonable reason for the delay, but until a decision is made, right to work should not be assumed — check the latest official guidance before deciding.
If an employee's pre-settled status has fully expired with no pending application, can I still employ them?
Not on the basis of the expired pre-settled status alone. Treat this the same way you would any other expired right to work result: ask the employee to check their current position through their UKVI account and, if there's genuinely no application in progress, take the same steps you would for anyone whose permission has lapsed rather than continuing employment on the strength of a status that's no longer current.
Related: Onboarding
GOV.UK references: Settled and pre-settled status for EU citizens and families · View a job applicant's right to work details
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