Reply To: Pre-settled status , part time work

Peter Barker

Not sure whether they are worried about right to reside or means test, so for completeness:

– if the work is effective and genuine (no reason to think it’s not) she has a right to reside as a worker and is eligible to claim means tested benefits. She might have other more obscure routes to a right of residence involving estranged parents, but if she’s in effective and genuine work herself that’s the more straightforward way to satisfy the test. I’m assuming she is a Maltese (or other EEA) national by the way
– if she earns enough to float her off HB and pay her housing costs without claiming benefit, well fine: there’s a lot of it about!

She probably won’t need to wait until 2026 to upgrade to settled status. Pre-settled is always granted for five years, but as soon as the person’s total residence reaches five years they can get settled status.

Finally, for the avoidance of doubt, BTEC national is A-Level equivalent so no issues with her being a student.