The Home Office has introduced a significant change to the EU Settlement Scheme (EUSS) to simplify the transition for pre-settled status holders to settled status. Starting in January 2025, eligible individuals will be automatically upgraded to settled status without needing to make a separate application. In this post, we discuss the recent updates for Pre-Settled Status holders under the EU Settlement Scheme.
What Is the Automatic Upgrade to Settled Status?
On 17 January 2025, the Home Office published a notification that beginning in late January 2025, pre-settled status holders who are eligible for settled status will be automatically reviewed by the Home Office. Those who meet the criteria will be upgraded without needing to submit a new EUSS application.
This change aims to ensure that no one loses their rights due to missed applications and follows the High Court ruling in R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin), the court found that:
- A person’s pre-permanent residence rights under The Withdrawal Agreement and EEA EFTA Separation Agreement (EU Settlement Scheme), cannot expire. Rather, these rights continue for as long as the person satisfies the conditions of residence set out in the Agreements, and
- A person with pre-permanent residence rights has satisfied the conditions for a right of permanent residence under the Agreements, they benefit from that right automatically, even if they have not applied for or been granted settled status.
The Home Office will continue to extend a person’s pre-settled status unless and until a person has either obtained settled status or British citizenship or a decision has been made to cancel or curtail that status. A pre-settled status extension is not a confirmation that the status holder continues to meet the eligibility requirements.
Eligible pre-settled status holders will receive an email notification confirming their status change. If settled status cannot be granted, the Home Office will inform the individual of the reasons.
Do Pre-Settled Status Holders Need to Take Any Action?
No immediate action is required for those eligible as their pre-settled status will be converted to settled status. However, pre-settled status holders are encouraged to:
- Ensure their email address is up-to-date with the Home Office.
- Regularly check email inboxes, including spam or junk folders, for important updates.
Additionally, individuals who prefer not to wait for automatic conversion can still apply for settled status independently as soon as they meet the eligibility criteria.
The Home Office has also removed the pre-settled status expiry date from the digital profiles shown to third parties in the online checking services for Right to Work and Right to Rent and through the ‘View and Prove’ service by which a person can evidence their immigration status to third parties. In addition, employers, landlords and letting agents are no longer required to conduct follow-up right to work or rent checks where the individual remains in that employment or tenancy.
How Will the Home Office Check Eligibility for Settled Status?
The Home Office will rely on government-held records to verify eligibility. These checks will include:
- Residence Records: Ensuring the individual has maintained continuous residence in the UK for the required period (typically five years).
- Criminal Conduct Checks: Reviewing any evidence of criminal behaviour that may impact eligibility.
These processes mirror the checks conducted during the original EUSS application, ensuring consistency and fairness.
What Happens if a Pre-Settled Status Holder Doesn’t Meet the Requirements?
For individuals who no longer meet the conditions of their pre-settled status, the Home Office will assess next steps. Further guidance is expected later in 2025 for cases where eligibility criteria are no longer satisfied.
In the meantime, pre-settled status holders whose status is nearing expiry will benefit from an automatic five-year extension, ensuring that no one loses their rights while the automated upgrade process is rolled out.
Can I Apply for Settled Status Instead of Waiting for the Automatic Upgrade?
Yes, pre-settled status holders who meet the requirements for settled status can still submit an application independently. The automatic upgrade process does not replace this option, allowing individuals greater flexibility and control over their status transition.
To apply for settled status independently, visit the EU Settlement Scheme page.
How Does the EUSS Currently Work?
The EU Settlement Scheme provides a pathway for EEA and Swiss citizens and their family members to secure their right to live and work in the UK post-Brexit.
- Pre-Settled Status: Granted to individuals with less than five years of continuous residence in the UK.
- Settled Status: Granted to individuals who have completed at least five years of continuous residence in the UK.
Until now, pre-settled status holders were required to submit a further application for settled status after completing the five-year residency requirement. The new automatic upgrade process aims to streamline this transition, benefiting thousands of eligible individuals.
What Can Pre-Settled Status Holders Expect Next?
The rollout of the automatic upgrade process will occur in phases, with the first grants of settled status expected in January 2025. Later in the year, the process will expand to include more eligible pre-settled status holders.
To prepare for this transition, pre-settled status holders should:
- Ensure their contact information is up-to-date with the Home Office.
- Monitor communications from the Home Office for updates on their status.
- Consider applying for settled status independently if they meet the requirements and prefer not to wait for the automatic upgrade.
For more information, visit the official EU Settlement Scheme page. This change represents a significant step forward in supporting EUSS applicants and safeguarding their rights in the UK.
