The EU Settlement Scheme (EUSS) has played a pivotal role in providing over 5.7 million EEA and Swiss citizens and their family members with the necessary immigration status to continue living and working in the UK post-Brexit. Under the scheme, successful applicants are granted either pre-settled or settled status based on their length of residence in the UK.
Pre-Settled and Settled Status Explained
Pre-settled status, a limited leave to remain, is granted to individuals who have been residing in the UK for less than five years. Settled status, on the other hand, offers indefinite leave to remain and is granted to applicants who have lived in the UK for at least five years.
Pre-settled status holders were required to make a further application to the EUSS after completing five years of residence to upgrade to settled status. However, the Home Office is now introducing a significant reform aimed at simplifying this process.
Automated Conversion to Settled Status
From late January 2025, the Home Office will begin automatically converting eligible pre-settled status holders to settled status, eliminating the need for individuals to submit a further application. This new initiative is expected to streamline the transition to settled status for thousands of people, saving them both time and effort.
To facilitate this change, the Home Office will conduct automated checks of government-held records to confirm an individual’s continued residence in the UK and assess eligibility. These checks will include a review of criminal records and other relevant information, similar to the verification process during the initial EUSS application. Pre-settled status holders will be informed via email when they are being considered for automated conversion.
A Phased Rollout
The first automatic grants of settled status are expected to be issued in early 2025, with further expansions of the process planned later in the year. While the new system aims to benefit eligible individuals, the Home Office is also considering steps for those who may no longer meets the conditions of their pre-settled status, for example because they have not remained continuously resident in the UK.
For those nearing the expiry of their pre-settled status, the Home Office already extends the status by five years because they did not make a further EUSS application.
Flexibility for Status Holders
Pre-settled status holders retain the option to apply for settled status manually as soon as they meet the eligibility criteria. Applications can be submitted through the EUSS portal at Gov.uk. The Home Office has emphasised its commitment to gathering feedback from status holders and stakeholders throughout the phased implementation of the automated system. This collaborative approach aims to address concerns and refine the process to ensure it is efficient and user-friendly.
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