UK Home Office has issued important guidance for individuals holding status under the EU Settlement Scheme (EUSS). These updates affect travel to and from the UK, the maintenance of UK Visas and Immigration (UKVI) account details, and the requirements and process for obtaining settled status. Legal representatives and advisers are encouraged to share this information with their clients where possible.
Keeping Your UKVI Account Details Up to Date
All EUSS status holders already have a UKVI account and do not need to create a new one. From early next year, additional checks will be introduced to confirm immigration status when travelling. If the information held in a UKVI account is not accurate or up to date, individuals may experience delays, difficulties at the border, or even be refused boarding by carriers.
It is therefore essential to update account details as soon as possible.
In particular, status holders should ensure their UKVI account reflects their current passport or identity document. This is especially important for those with pre-settled status, as outdated identity documents may also cause problems when applying for settled status.
Details should be updated if:
- A new passport or identity document has been issued since the original EUSS application
- Travel is planned and document details may not match those held by UKVI
- An application for settled status is being prepared
UKVI account details can be updated at:
https://www.gov.uk/update-uk-visas-immigration-account-details
Assistance with account recovery is available at:
https://update-your-details.homeoffice.gov.uk/account-recovery/help
Further information on viewing and proving immigration status can be found at:
https://www.gov.uk/view-prove-immigration-status
Changes to the Residence Requirement for Settled Status
The Home Office has simplified the residence requirements for pre-settled status holders applying for settled status. Under the revised rules, applicants may qualify for settled status if they:
- Hold pre-settled status
- Have been resident in the UK for at least 30 months (2.5 years) within the five years before applying
- Arrived in the UK at least five years ago
Applicants are no longer required to explain time spent outside the UK, provided they meet the new 30-month residence requirement. Any applications that have not yet been decided will be assessed using this updated rule.
Individuals who were previously refused settled status, or who were granted leave under a different immigration route, may now qualify if they still hold pre-settled status and meet the new requirements.
However, where an individual spent more than two consecutive years outside the UK before 21 May 2024, their pre-settled status will have lapsed. The Home Office has indicated that changes are being developed to address this situation, and further updates will be provided.
Automated Grants of Settled Status
The Home Office is continuing to automatically convert eligible pre-settled status holders to settled status, using UK tax and benefit records. Where this applies, individuals will be notified by email and will not need to make an application.
Automatic grants apply to individuals who:
- Are EEA or Swiss citizens
- Were resident in the UK by 11:00pm on 31 December 2020
- Have UK tax and benefit records showing five years of UK residence, with absences of no more than six months in any 12-month period
From early 2026, the automated process will be updated to reflect the new 30-month residence rule.
Who Still Needs to Apply for Settled Status
Some individuals will still need to make an application for settled status. This includes those who:
- Have not paid UK tax or received benefits for at least 30 months in the last five years
- Are non-EEA or non-Swiss family members
- Are joining family members who began residence in the UK after 31 December 2020
- Are under the age of 18
- Have other specific eligibility requirements, such as derivative rights
Eligible family members should be encouraged to apply, and applications can be made on behalf of those who are unable to apply themselves, including children.
Keeping UKVI records accurate and understanding the updated settled status rules will help ensure continuity of status and smooth travel to and from the UK.
Conclusion
These developments represent a significant step in simplifying the transition from pre-settled to settled status, while highlighting the importance of keeping UKVI account details accurate and up to date. EUSS status holders should review their records promptly and ensure they understand how the updated residence requirements may apply to them.
Taking timely action can help prevent travel disruption, application delays, or difficulties with future immigration checks. Legal advisers have an important role in supporting clients through these changes, particularly where an application for settled status is still required rather than granted automatically.
Follow us to stay updated on the latest UK immigration changes. With over 20 years of experience and a steadfast commitment to excellence, Morgan Smith Immigration is your trusted partner for all your immigration needs. Contact us today to learn more about how we can assist you with UK visa applications and provide tailored advice for your circumstances. For any enquiries or assistance, call us at 0203 959 3335 or email [email protected].
