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Good news for holders of EU pre-settled status

Good news for holders of EU pre-settled status

Holders of EU Settlement Scheme pre-settled status will benefit from automatic extensions from 1 September.

If you hold pre-settled or settled status under the EU Settlement Scheme, you may recently have received an email notifying you that automatic extensions to pre-settled status come into effect in September.

In this article, Rebecca Morton explains what we know so far about the automation of the EUSS and what this could mean for you.

Changes for pre-settled status holders who will note qualify for settled status when their current leave expires

In July, the Home Office announced that it would be introducing automatic extensions under the EU Settlement Scheme. From September 2023, those with pre-settled status will benefit from automatic 2-year extensions to their status if they have not applied for settled status or further pre-settled status by the time their current status expires.

This will be an automated service, and you will be able to see your extended leave on your online digital immigration status page. You should also be notified directly when your leave has been extended, and you can view your immigration status using the ‘View and Prove’ service. You can also use this service to prove to your employer that you have the right to work using a share code.

Changes for those who will soon qualify for settled status

In the slightly longer term, the Home Office has also said that it intends to ‘take steps’ to automatically switch individuals from pre-settled to settled status. The Government has stated that this automated service will come in during 2024, but details have not yet been made publicly available.

Switching from pre-settled to settled status gives the holder greater security in terms of their immigration status in the UK, and means that their leave does not have an expiry date. Once you have held settled status for twelve months, you can also choose to apply to naturalise as a British citizen and obtain a UK passport. This will give you a permanent status in the UK which will not be lost as a result of long term absences from the UK.

What EUSS status holders can do

If you hold pre-settled status under the EUSS, you do not need to take any action in order to receive an automatic extension when your leave expires.

However, as always, you should ensure that you have diarised the expiry date of your leave and remain vigilant for communications from the Home Office with updates. You can check the details of your current status by using the Home Office’s ‘View and Prove’ service.

You should also ensure that the Home Office has your most up to date contact information and passport details, which you will need to log in to the View and Prove service.

If you have been living in the UK continuously for five years, you can apply for settled status as normal. The new automated aspects of the EUSS do not affect your ability to make this application and it is advisable to do so as soon as you qualify.

Case Studies

German citizen who moved to the UK in January 2019

Florian is a German citizen who has been living continuously in London since January 2019. He applied for pre-settled status which was granted in August 2019. His status expires in August 2024, but he will be eligible for settled status in January 2024. He should apply for settled status in January, but if he forgets to do so he will receive an automatic extension, extending his pre-settled status until August 2026.

Czech citizen who moved to the UK in 2017

Aneta is a Czech citizen who moved to the UK in June 2017. She applied for pre-settled status which was granted in December 2019 until December 2024. Aneta will qualify for settled status in June 2022, and should apply for settled status.  However, if she doesn’t take the opportunity to apply for settled status, she will receive an automatic extension in December 2024 until December 2026.

About the authors

Jacqueline Moore
Jacqueline Moore

Jacqueline Moore

Partner

Immigration & Visas

Rebecca Engel-Morton
Rebecca Engel-Morton

Rebecca Engel-Morton

Solicitor

Immigration & Visas

For more information, contact Jacqueline Moore or any member of the Immigration & Visas team on +44 131 376 0256.