Benefits - pre-settled status

Peter4040

Hi everyone,

Does the fact that I have a pre-settled status and I've been living in UK only for a couple of months affect my right to apply for benefits any way?

Thanks,

Peter

poppy12345

https://england.shelter.org.uk/housing_advice/benefits/universal_credit_immigration_and_residence_conditions

People with pre-settled status

You have to meet extra conditions to qualify for universal credit if you have pre-settled status under the EU settlement scheme.

You may also need to meet these conditions if you've applied to the EU settlement scheme and are waiting for a decision.

You need to show you're in one of the following situations when you claim universal credit.

Working or self employed

You can qualify if you've earned at least £797 a month before tax for the last 3 months.

You can also qualify if you earn less than this or your income changes. For example, if:

• you're furloughed

• you work part time hours

• you're on a zero hours contract

The DWP looks at the number of hours you work and how much you earn to decide if you have worker or self employed status under EU law.

Looking for work

You can usually claim universal credit if you lose your job or become unemployed in the UK.

You should register with Jobcentre Plus and start looking for work as soon as you can even if you don't need to claim benefits immediately.

OhWow

Basically, Pre-Settled status does not give UK benefits unless you have another Right to Reside.

Don't confuse your right to reside (live in the UK with a valid pre-settled status) with the right to reside requirement for UK benefits.

As somebody who has only lived in the UK for a couple of months, you need to be economically active (working, or have retained worker status for a limited time having lost your job) to have UK benefits.

OhWow

Peter4040 said:

Hi everyone,

Does the fact that I have a pre-settled status and I've been living in UK only for a couple of months affect my right to apply for benefits any way?

Thanks,

Peter

An EEA citizen had to be in the UK on or before the 31st  December 2020 to be able to be included in the EUSS (UK Withdrawal Agreement) with an appication before 30 June 2021. As you have only been in the UK for a couple of months, are you a non-EEA/Swiss citizen who has obtained Pre-Settled status as a Family Member of an EEA/Swiss citizen living in the UK?

Peter4040

Thank you, I applied for Pre-settled Status 12.2021 as an EU citzen, but I've been living in the UK since 05.2021. I'm just wondering how can I prove that I'm working in the UK as a self employed and how much I earn, as I pay NI and tax only after the end of the tax year (05.05.2022). 

calcotti

Peter4040 said:

Thank you, I applied for Pre-settled Status 12.2021 as an EU citzen, but I've been living in the UK since 05.2021. I'm just wondering how can I prove that I'm working in the UK as a self employed and how much I earn, as I pay NI and tax only after the end of the tax year (05.05.2022). 

I think your dates are confused which makes it difficult to respond.
"I applied for Pre-settled Status 12.2021 " - presumably you mean 12.2020.
I've been living in the UK since 05.2021 - again do you mean 05.2020

Peter4040 said:

Does the fact that I have a pre-settled status and I've been living in UK only for a couple of months affect my right to apply for benefits any way?

If you have only been here a couple of months that would mean you arrived in July 2021 and would not have been able to apply for Pre-Settled status.

Peter4040

Actually other way:
I applied for Pre-settled Status 12.2020
I've been living in the UK since 05.2021 

Thank you,

calcotti

I don't understand how you could apply for Pre-Settled Status 5 months before you were living in the UK.

poppy12345

Peter4040 said:

Actually other way:
I applied for Pre-settled Status 12.2020
I've been living in the UK since 05.2021 

Thank you,

I'm no expert on this but how can you apply for this before you've even lived in the UK?

sheramber

https://www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-status

When you can apply from outside the UK

If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein, you can apply from outside the UK if you hold either a valid passport or national identity card with a biometric chip.

If you’re from somewhere else, you can apply to the EU Settlement Scheme from outside the UK if you have a UK-issued biometric residence card (if it has not expired).

calcotti

sheramber said:

https://www.gov.uk/settled-status-eu-citizens-families/applying-for-settled-status

When you can apply from outside the UK

If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein, you can apply from outside the UK if you hold either a valid passport or national identity card with a biometric chip.

If you’re from somewhere else, you can apply to the EU Settlement Scheme from outside the UK if you have a UK-issued biometric residence card (if it has not expired).

But presumably have to have been living in UK prior to 31/12/2020 even though abroad at the time of application.