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EU Settlement Scheme status to be granted automatically

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Pre-settled status will be automatically extended by 2 years before it is due to expire

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.

The extension will be automatically reflected in pre-settled status holders’ digital status and they will be notified once it has been applied.

If you hold pre-settled status and have now been living continuously in the UK for at least 5 years, then you should still apply for settled status, to secure the right to live in the UK indefinitely.

Pre-settled status to switch to settled status automatically if the Home Office can access the relevant eligibility data

In addition to the automatic 2-year extension of pre-settled status, 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. The Home Office plans to conduct automated checks of pre-settled status holders against government-held information regarding residence and other eligibility criteria for settled status.

Further details regarding automatic switching of pre-settled status holders to settled status will be published in the coming months.

The new policy is in line with a change to the Immigration Rules published in July 2023, following a December 2022 High Court judgment in favour of The Independent Monitoring Authority for the Citizens’ Rights Agreements. The case challenged the Home Office’s position that citizens with pre-settled status must make a second application to the EU Settlement Scheme or face losing their rights under Part 2 of the Withdrawal Agreement.

Keep your contact and document details up to date

If you hold pre-settled or settled status, keep your contact information, such as your email address, up to date, to ensure you receive any updates or information on your EUSS status.

Update your UK Visas and Immigration account details at https://www.gov.uk/update-uk-visas-immigration-account-details

Travelling to or from the UK

When travelling to or from the UK, travel using the document you used to apply to the EUSS, or update your UKVI account to add a different document at the above link, to avoid unnecessary delays at the border.

Visa nationals with pre-settled or settled status should always continue to travel with their in-date biometric residence card. If you have become a British citizen since you were granted settled status, you can ignore the change in policy. You should use your British passport or certificate of entitlement to the right of abode when entering the UK.

Paublication Date: 20/09/2023

FOR MORE INFORMATION

Author avatar
Samar Shams
Managing Partner @ Changes Immigration
samar.shams@changesimmigration.com
+44 (0) 7591 385033