If someone with presettled status is unemployed are they considered illegally resident in the UK?

[Elderflower5]

The legal basis of presettled status is the Withdrawal Agreement. The Withdrawal Agreement seems to indicate that the rights of those who are employed and those who are unemployed with comprehensive sickness insurance are protected. Does that mean that someone who has presettled status and is unemployed without CSI is illegally in the UK?

[alterhase58]

Note that the "EU Settlement Scheme" is not under EU regulations but under UK immigration regulations. On the face of it, if you are not complying with the UK Settled Status regulations you may be considered illegal - just my opinion as a non-lawyer. Remember that the scheme does not have the concept of free movement which is/was a fall back position under EU regulations so you wouldn't be immediately illegal if you lost your job. Clearly this will be tested in the courts at some stage. Others here may have further insight.

[Zerubbabel]

It may look fine for a while and you feel like nothing happened. Then, one day they decline your citizenship application and claim you failed the good character test because you were illegal from Z to Y... etc.

Always put your bar high to avoid giving them easy arguments against you.

[Elderflower5]

I just wish there was clearer legislation on this instead of this uncertainty. Lots of EU citizens with presettled status lost their job because of covid.

[Zerubbabel]

I think it's worth taking a comprehensive sickness insurance just to prevent a bad move from the Home Office in the future. They did it in the past already. They may keep silent or vague about something just to demand it later.

[Obie]

Well residence after pre settled status was acquired will be considered lawful for citizenship purpose.

However if a person was for a period of 5 year not exercising treaty rights and then acquired settled status, such person will need to wait for 5 years to qualify for citizenship.

[zwfx]

Well residence after pre settled status was acquired will be considered lawful for citizenship purpose.

However if a person was for a period of 5 year not exercising treaty rights and then acquired settled status, such person will need to wait for 5 years to qualify for citizenship.

I've been trying to understand this correctly. So once pre-settled status is acquired, there is no requirement for CSI or for exercising treaty rights?

[Zerubbabel]

Well residence after pre settled status was acquired will be considered lawful for citizenship purpose.

However if a person was for a period of 5 year not exercising treaty rights and then acquired settled status, such person will need to wait for 5 years to qualify for citizenship.

I've been trying to understand this correctly. So once pre-settled status is acquired, there is no requirement for CSI or for exercising treaty rights?

The EU Settlement Scheme doesn't involve the Treaty Rights as it's meant to replace all EEA routes as the UK is in the process of leaving the EU.

[JB007]

The EU Settlement Scheme doesn't involve the Treaty Rights as it's meant to replace all EEA routes as the UK is in the process of leaving the EU.

It's looking like-

Being grated Settled status is the UK ILR (Indefinite Leave to Remain). These can have everything a resident British citizen can have?

Being granted pre-settled status is LLR (Limied Leave to Remain).

Pre-settled status allows-
stay in the UK for more than 3 months
work
study
use the NHS (but without having to pay the Immigration Health Surcharge)
claim the State Pension (If they meet the requirments as this is contribution based)
rent a home
but like others on a LLR visa, they cannot have public funds. Public funds are some benefits; housing; being housed by the LEA (council)
?

[JB007]

I think it's worth taking a comprehensive sickness insurance just to prevent a bad move from the Home Office in the future. They did it in the past already.

Not only with the Health Surcharge, but with also ending those with British citizenship living in some countries, from being allowed to come to the UK and visit for free NHS for their heathcare needs.

Also with the EU UK issued, S1.
Those retiring to another EEA country, could get a UK S1 and present that for full healthcare in that EEA country, which meant that EEA country then claimed all that money back for the UK. The UK S1 gives so much more free healthcare to the holder than the UK EHIC did for a temporary stay in another EEA country.

But the UK changed the S1 so that only those in receipt of cetain UK exportable benefits or those in receipt of UK state pension, could have an S1. For the other retirees, when their S1 ran out they could not have another S1 and needed t fudn their own healthcare, or start work in that EEA country. The UK state pension was then changed to make this pension based on the persons own contibutions.