Vishal Makol rounds up the recent communications from the Home Office
It should all have been so straightforward for European nationals with accrued rights, living in the UK as the last bricks in the Brexit wall were cemented into place. After all, the EU and UK Withdrawal Agreement had provided a mechanism to translate their EU law derived status into UK law and keep them on track for settlement and citizenship, where desired. Almost everyone with first-hand knowledge of the UK’s immigration system expected problems, and for too many, so it has proved. Vishal Makol takes a look behind the latest government communications on the EU settlement Scheme.
Background
At the end of March 2019, the EU Settlement Scheme (EUSS) was opened to EU, other EEA and Swiss citizens resident in the UK before the end of the Brexit Transition period in December 2020, enabling them and their family member to translate EU law derived status into UK law. Applications formally closed on 30 June 2021, but eligible applicants are still able to apply if they have ‘reasonable grounds’ for their delay in applying.
Pre-settled status holders – those whose translated rights did not yet qualify them for indefinite leave or settlement in the UK - needed to make a further application to the EUSS having completed the required residence in the UK (usually five years) in order to obtain settled status.
Now, a new automated process is being introduced to move eligible people to Settled Status in a streamlined way.
Automation
On 17th January 2025, the Home Office announced a new process to automatically convert eligible pre-settled status holders to settled status, without the need for them to make a further EUSS application.
This is how it works:
- The Home Office will email pre-settled status holders who are approaching the expiry of their status to inform them that they may soon be considered for an automated conversion to settled status.
- The first grants of settled status under this process began at the end of January 2025.
The plan is to expand this process to enable more eligible pre-settled status holders to benefit from it later on this year. The Home Office is considering the appropriate next steps for cases where a pre-settled status holder has ceased to meet the conditions of their pre-settled status by not maintaining their continuous residence in the UK. It will provide further information “in due course”.
Automated checks match pre-settled status holders against government-held information, for example in respect of their ongoing continuous residence in the UK. This reflects the assessment undertaken when the person first applied to the EUSS and will ensure their eligibility for settled status before it is granted.
All EUSS status-holders are strongly encouraged to update their digital status with their latest passport/national identity card information, and contact details, including their email address, using the ‘Update your UK Visas and Immigration account details’ service.
Currently individuals’ pre-settled status is automatically extended by five years before it expires, where they remain eligible and have not yet obtained settled status under the EUSS.
In the meantime, pre-settled status holders who have not yet been informed by the Home Office of an automatic upgrade to settled status are still encouraged to apply for settled status as soon as they are eligible for it. This is so that obtain secure evidence of their right to remain in the indefinitely in the UK.
For more information, please contact our Business Immigration team.
The information provided in this article is provided for general information purposes only, and does not provide definitive advice. It does not amount to legal or other professional advice and so you should not rely on any information contained here as if it were such advice.
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