The UK Home Office issued new updates for the EU Settlement Scheme.
- New information for pre-settled status holders on what will happen to their status when it is due to expire
- Home Office plans to introduce automatic switching from pre-settled to settled status, and what it means
- A reminder to keep contact and passport/national identity card details up to date
Impact: Essentially pre-settled status holders will be automatically given 2 additional years pre-settlement. This is an automatic extension and will be visible when they check their online status. The updates will start in September 2023.
There are also plans for the Home Office to automatically grant settlement to pre-settlement holders, where the home office has access to sufficient information. This still needs some time to be put into place, the plan is for 2024 and will not be for everyone.
Pre-Settled Status Extensions
From September 2023, pre-settled status holders who have not yet obtained settled status and are approaching the current expiry date of their pre-settled status will have that status automatically extended by 2 years. This will ensure that no current pre-settled status holder will lose their immigration status because they have not made a second application to the EUSS. They will also retain their pre-settled status beyond its current expiry date where they have made a second application to the EUSS and are awaiting its outcome.
They do not need to contact the Home Office about this extension. It will be automatically reflected in their digital status and they will be notified once it has been applied.
This update will not impact individuals who have settled status or have since become a British citizen.
Automatic Status Changes
The Home Office also plans to take steps during 2024 to start to automatically switch as many eligible pre-settled status holders as possible to settled status without them needing to make an application. Automated checks of pre-settled status holders against government-held information would check for their ongoing continuous residence in the UK.
Additional information will be provided before this process is launched.
This update will not impact individuals who have settled status or have since become a British citizen.
Maintaining Up-to-Date Records
The UK Home Office advises pre-settled and settled status holders to keep their contact information up to date to ensure the timely receipt of updates and information regarding the EUSS status.
Traveling to or from the UK
The UK Home Office recommends pre-settled and settled status holders who are traveling to or from the UK to use the document they used to apply to the EUSS. If traveling on a different document, travelers should update their UKVI account to add that document.
Visa nationals with pre-settled or settled status should always continue to travel with their in-date biometric residence card.
Erickson Insights and Analysis
Regarding the pre-settled status extension, this change does not stop individuals who hold pre-settled status and have now been living continuously in the UK for at least 5 years from making a further EUSS application to switch to settled status. Those individuals can apply for settled status at any time, for free, at https://www.gov.uk/eusettlementscheme.
Family members of qualifying British citizens will no longer be able to obtain an EUSS family permit if they apply for it after August 8, 2023.
Erickson Immigration Group will continue monitoring developments and sharing 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.