Settled Status for EUSS Pre-settled Holders

Streamlining Settled Status for EUSS Pre-settled Holders: Home Office Introduces Automation

The UK’s departure from the EU brought significant changes to the rights of European Economic Area (EEA) and Swiss nationals residing in the UK. To address these changes, the EU Settlement Scheme has provided over 5.7 million people, along with their family members, the status required to work and live in the UK.

Pre-Settled and Settled Status: What they mean

Under the EUSS, an individual receives either pre-settled status or settled status depending on the length of time they have resided in the UK.

Pre-settled status – this is limited leave to remain, usually granted to individuals who have lived in the UK for less than 5 years.

Settled status – this provides indefinite leave to remain and is usually granted to those who can show they have lived in the UK for at least 5 years.

Previously, pre-settled status holders were required to submit a further application to obtain settled status after completing their compulsory 5-year residence.

The New Automated Process for Settled Status:

The Home Office is now introducing an automated process to eliminate the need to make these additional applications, making it easier than ever for eligible individuals to secure their settled status.

How will the automation work?

Starting late January 2025, the Home Office will automatically convert eligible pre-settled status holders to settled status and this is what it means:

  • Automatic conversion:  eligible individuals will not need to re-apply for settled status. The process will be handled automatically.
  • Notifications: pre-settled status application holders nearing the expiry of their tatus will be informed via email if they are being considered for the automatic process.
  • Eligibility checks: the Home Office will verify the applicant’s continuous residency and ensure that the individual does not have a criminal record. These checks will be based on government held records, mirroring the checks that are performed during the usual EUSS Application.
  • Expansion plans: the Home Office have also stated that in later 2025, they aim to extend the automated process to a broader group of eligible pre-settled status holders.

The Home Office is in the process of developing appropriate steps for those who do not meet the eligibility criteria such as individuals who have not maintained continuous UK residency.

Protecting rights and simplifying the process

The Home Office has already implemented measures to extend pre-settled status automatically by 5 years for those approaching its expiry, ensuring that individuals do not lose their right due to delays in further applications. The new automated process goes a step further by proactively securing the rights of eligible individuals without requiring action on their part.

Final thoughts on Settled Status for EUSS Pre-settled Holders

Automating the switch from pre-settled to settled status is a great help for EUSS holders. They no longer have to worry about their leave expiring or submit a second application for settled status. This saves time, cuts down on paperwork, saves money, and makes it easier for people to confirm their rights in the UK.

Pre-settled status holders can still apply for settled status as soon as they are eligible, bypassing the wait for automated conversion. Applications can be made any time through the official EUSS Portal at www.gov.uk/eusettlementscheme.

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