Both EUSS settled status and ILR grant indefinite permission to live and work in the UK, but they are legally distinct. EUSS settled status was granted to EU, EEA, and Swiss nationals who were resident before 31 December 2020. ILR is granted under the Immigration Rules to those who have completed a qualifying period on a route that leads to settlement — such as a Skilled Worker visa or a spouse visa. For those on ILR routes, see our ILR service page and our ILR requirements guide.
What Is EUSS Settled Status?
The EU Settlement Scheme (EUSS) was created to protect the rights of EU, EEA, and Swiss nationals and their family members who were living in the UK before the end of the Brexit transition period on 31 December 2020. Under the scheme, eligible applicants were granted either settled status (for those resident for five or more continuous years, giving indefinite permission to remain) or pre-settled status (for those resident for less than five years, giving five years' leave to remain with the ability to apply for settled status once five years of continuous residence was complete).
The EUSS deadline for applications was 30 June 2021, though late applications can still be made with reasonable grounds. The scheme is closed to EU nationals who arrived in the UK after 31 December 2020 — they must follow the standard immigration routes which lead to ILR.
What Is ILR?
Indefinite Leave to Remain (ILR) is permission to live and work permanently in the UK, granted under the Immigration Rules. It applies to those who have completed a qualifying period — typically five years — on a route that leads to settlement, such as a Skilled Worker visa or spouse visa. ILR can also be granted after ten continuous years of lawful residence on the long residence route, regardless of nationality.
Key Differences Explained
| Feature | EUSS Settled Status | ILR |
|---|---|---|
| Who it applies to | EU, EEA, Swiss nationals (and close family) resident before 31 Dec 2020 | Non-EEA nationals on qualifying immigration routes |
| Legal basis | EU Withdrawal Agreement | Immigration Rules (Part 7 and various appendices) |
| Evidence of status | Digital only — via UKVI online account | Digital (eVisa) — via UKVI online account |
| Lapse on extended absence | May lapse after 5 years continuous absence | Lapses after 2 years continuous absence |
| Route to citizenship | Eligible to apply after 12 months settled status | Eligible to apply after 12 months ILR |
| Public funds | Access on same basis as British citizens | Access on same basis as British citizens |
Can EUSS Settled Status Convert to ILR?
EUSS settled status and ILR are parallel, not sequential. You do not need to convert EUSS settled status to ILR — they carry equivalent rights to live and work in the UK indefinitely. The route to British citizenship from EUSS settled status is the same as from ILR: apply for naturalisation after 12 months of settled status. See our guide to British citizenship after ILR for the requirements.
There is no mechanism to convert settled status to ILR, and no need to do so. Many EU nationals who have lived in the UK for many years wonder whether they should also apply for ILR. The answer is almost always no — EUSS settled status is sufficient.
Pre-Settled Status and the Path to Settlement
If you hold pre-settled status rather than settled status, you have five years of leave and must apply for settled status once you have been continuously resident in the UK for five years. Pre-settled status does not automatically convert — you must make a further application. If you do not apply for settled status before your pre-settled status expires, you risk losing your right to remain in the UK under the EUSS. Monitor your status expiry date and apply in good time.
If your pre-settled status has expired or is close to expiry and you have not yet applied for settled status, seek advice immediately. The position is time-critical and the consequences of losing pre-settled status without replacement leave are serious. See our ILR adviser service for urgent help.
Travel Rights Compared
Both EUSS settled status and ILR holders can travel in and out of the UK freely. The key difference on travel is what happens after extended absence. ILR lapses after two continuous years outside the UK. EUSS settled status lapses after five continuous years of absence. If you are planning extended time abroad, EUSS settled status offers more flexibility on this specific point.
Employment and Benefits Rights
Both statuses give full right to work — you can work for any employer without restriction, change jobs, become self-employed, or work part-time without needing a visa or sponsor. Employers can verify your right to work using your share code from the UKVI online account. Both statuses also give access to public funds on the same basis as British citizens. The Immigration Health Surcharge does not apply to either status.
Which Is Better: Settled Status or ILR?
For the vast majority of day-to-day purposes, the two statuses are equivalent. The main practical difference is that EUSS settled status allows a longer period of absence (5 years vs 2 years for ILR) before lapsing. Both lead to citizenship eligibility after 12 months. If you hold EUSS settled status, there is no practical reason to also apply for ILR. If you are an EU national who arrived after 31 December 2020, you cannot apply under EUSS and must use the standard immigration routes — which lead to ILR and the associated costs.
Frequently Asked Questions
Is EUSS settled status the same as ILR?
Legally, no — they are distinct statuses with different legal bases. Practically, they carry very similar rights: indefinite permission to live and work in the UK, access to public funds, and eligibility for citizenship after 12 months. The main practical difference is that ILR lapses after 2 years absence while EUSS settled status lapses after 5 years.
Do I need to apply for ILR if I already have EUSS settled status?
No. EUSS settled status is equivalent to ILR for almost all practical purposes. There is no additional benefit to also holding ILR and no mechanism to convert one to the other.
My pre-settled status is expiring — what do I do?
Apply for EUSS settled status as soon as you have been continuously resident in the UK for five years. Do not wait until your pre-settled status expires — apply while it is still valid or shortly after, with reasonable grounds for any delay. Seek advice if your pre-settled status has already expired.
Can I apply for British citizenship with EUSS settled status?
Yes. EUSS settled status counts as settled status for the purposes of a naturalisation application. You can apply for citizenship after holding settled status for 12 months, provided you meet the other requirements. See our British citizenship guide.
I am an EU national who arrived after 31 December 2020 — what are my options?
If you arrived in the UK after 31 December 2020, you cannot apply under the EU Settlement Scheme. You need to apply for leave under the standard immigration routes — such as a Skilled Worker visa, a student visa, or a family visa. After the qualifying period on that visa, you can apply for ILR in the normal way.
Need personalised advice?
This guide provides general information only. For advice tailored to your circumstances, speak to one of our immigration advisers.
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