The EU Settlement Scheme (EUSS) is a registration process that was introduced to enable EU nationals and their family members to legally continue to live and work in the UK after the end of Brexit transition period on 31 December 2020. Under the EUSS, EU nationals were granted “pre-settled” or “settled” status depending on how long they had resided in the UK at the point of registration. The EUSS allows for eligible pre-settled status holders to become settled, and have the right to permanently reside, in the UK after 5 years of continuous residence. The Home Office has recently provided new information on the EUSS, particularly regarding what will happen to pre-settled status holders when their status is due for expiration.
Key Changes
- From September 2023, pre-settled status holders who are nearing the expiration date for their period of pre-settled status will have it automatically extended for 2 years in most instances. This means they will not need to contact the Home Office as it will be automatically reflected in their digital status and they will be notified once this has taken effect. Furthermore, current pre-settled status holders will not lose their immigration status while they await the outcome of a second application to the EUSS. The Home Office may cancel the extension if you are no longer eligible to meet the requirements, i.e., you have not maintained your continuous residence causing your pre settled status to lapse.
- The Home Office plans to have the status of pre-settled status holders switched automatically to settled status holders when they are eligible. This would remove the need to make an application as automated checks against government held information can make the necessary checks instead. Further details on this will be provided in due course.
Who does this not impact?
- Anyone who has become a British citizen since they were granted settled status.
- Anyone living continuously in the UK for at least 5 years with a pre-settled status does not need to wait for automation. If eligible, they can apply at any time for a settled status.
Research & edits made by Deeba Moqani
For further information, please contact:
Hodon Anastasi, Bird & Bird
hodon.anastasi@twobirds.com
