UK Announces Automatic Granting of Settled Status

The UK Home Office has announced the introduction of a new process to automatically convert eligible pre-settled status holders to settled status, without the need for them to make a further EU Settlement Scheme (EUSS) application.

The EUSS allows EEA and Swiss citizens and their family members to continue living and working in the UK following its departure from the European Union.

Successful applicants to EUSS receive ‘pre-settled status’ or ‘settled status’:

  • pre-settled status is limited leave to enter or remain, usually granted if the applicant has been resident in the UK for less than 5 years
  • settled status is indefinite leave to enter or remain, usually granted if the applicant has been resident for at least 5 years.

Pre-settled status holders currently need to make a further application to the EUSS after they’ve completed the required residence in the UK (usually 5 years) in order to obtain settled status.

What to Expect

Under the new process, 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 government expects to issue the first grants of settled status under this process from late January 2025.
  • Pre-settled status holders will not need to do anything, and will be informed if they cannot be granted settled status.

The Home Office will automatically check pre-settled status holder records against government-held information, for example to ensure they have remained resident in the UK, and to check for any evidence of criminal conduct. These checks are the same as the checks undertaken when the person first applied to the EUSS and will ensure they are eligible for settled status before it is granted.

Erickson Insights & Analysis

Later in 2025, the Home Office intends to expand this process to enable more eligible pre-settled status holders to benefit from it. The Home Office is also considering the appropriate next steps for cases where a pre-settled status holder no longer meets the conditions of their pre-settled status, for example because they have not remained continuously resident in the UK. Further information will be provided in due course.

The Home Office already extends pre-settled status by 5 years for people approaching expiry of that status, to ensure that nobody loses their rights because they did not make a further EUSS application.

Pre-settled status holders don’t need to wait to be converted to settled status. They can still apply for it as soon as they are eligible at www.gov.uk/eusettlementscheme. The introduction of this automated process will not prevent people from doing so.

These changes will support the Home Office implementation of the High Court judgment in the judicial review brought by the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) concerning pre-settled status holders under the EUSS.

Erickson Immigration Group will continue to monitor developments and share updates as more news is available. Please contact your employer or EIG attorney if you have questions about anything we’re reporting above or case-specific questions.