As outlined by the Home Office, significant changes are coming to the UK’s EU Settlement Scheme (EUSS) aimed at converting pre-settled status holders to settled status automatically, without requiring further applications from the individuals. These changes are designed to streamline the process for the millions of EEA and Swiss citizens and their family members who have been granted status under the EUSS, following the UK’s departure from the European Union.

Understanding Pre-Settled and Settled Status

The EUSS has provided over 5.7 million people with the necessary status to continue living and working in the UK. Successful applicants receive either pre-settled status or settled status:

Pre-settled status: Limited leave to enter or remain, usually granted if the applicant has been resident in the UK for less than five years.

Settled status: Indefinite leave to enter or remain, typically granted to those who have been resident for at least five years.

Currently, pre-settled status holders must make a further application to the EUSS to obtain settled status after completing the required residence period. However, the Home Office is now introducing a new process to automatically convert eligible pre-settled status holders to settled status without requiring additional applications.

The New Automated Process

Starting in late January 2025, the Home Office will begin the automatic conversion of pre-settled status holders to settled status. Pre-settled status holders will be informed via email as they approach the expiry of their status and will not need to take any action if they are eligible for this conversion.

The Home Office will conduct checks against government-held information to ensure the individual has remained resident in the UK and verify there is no evidence of criminal conduct. These checks are similar to those conducted during the initial EUSS application process.

Phased Implementation and Future Expansion

The changes will be implemented in phases:

Phase One: Initially, pre-settled status will be extended by five years to prevent the loss of rights due to the failure to make a second application. Automated checks will follow, and if eligibility is confirmed, settled status will be granted and updated digitally.

Future Phases: Later in 2025, the Home Office plans to expand the process to include more pre-settled status holders. Cases that could not be converted in the first phase may be reconsidered under the expanded process.

Supporting Continuous Residence

For cases where a pre-settled status holder has not maintained continuous residence in the UK, the Home Office is considering appropriate next steps. Additional information will be provided as the process develops.

Your Rights and Next Steps

Pre-settled status holders can still apply for settled status as soon as they are eligible through the EUSS at www.gov.uk/eusettlementscheme. The automated process does not prevent individuals from applying on their own initiative.

The Home Office’s introduction of an automated process for converting pre-settled status to settled status marks a significant shift in the UK’s immigration landscape. By reducing the need for further applications, this change aims to simplify the process for eligible individuals. We will continue to monitor the implementation of these changes and provide updates and guidance to our clients. For more information or to discuss your specific situation, please contact Arlingsworth Solicitors. Our experienced immigration lawyers are ready to assist you with all aspects of the EU Settlement Scheme and other immigration matters.

This article contains general information about changes made to the UK’s EU Settlement Scheme and does not constitute legal advice and should not be treated or relied upon as such. It is provided without any representations or warranties, express or implied. The information contained within this article is correct as of 21st January 2025.

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