Table Of Contents
- Pre-Settled Status and Settled Status
- Automatic Conversion from Pre-settled Status to Settled Status
- Further expansion in the later part of 2025
The EUSS (EU Settlement Scheme) has allowed more than 5.5 million EU and Swiss, Iceland, Liechtenstein, and Norway nationals and their family members to continue living in the UK after the UK departed from the EU. Under the EUSS, EEA nationals can apply for pre-settled status or settled status. A pre-settled status allows the status holders to live in the UK, usually for 5 years, after which, if they are eligible, they can apply for a settled status. Settled status will enable holders to live and work in the UK without any time restrictions, just like indefinite leave to enter and remain.
Pre-Settled Status and Settled Status
Before Brexit, EU citizens could freely move in and out of the UK. However, that is not the case anymore. So, EUSS was launched for the EEA and Swiss citizens who wished to continue living in the UK post the UK’s departure from the EU.
Pre-settled status is limited leave to enter or remain for the EEA and Swiss nationals who have lived in the UK for less than 5 years.
Settled status is indefinite leave to enter or remain, usually granted to applicants who have lived for at least 5 years continuously in the UK.
Automatic Conversion from Pre-settled Status to Settled Status
Till now, eligible EEA and Swiss nationals had to apply for settled status once after they had completed the 5-year residence requirement in the UK. They needed to apply before their pre-settled status was approaching its end date. But on 17 January, the Home Office announced that the status of those holding pre-settled status will automatically be converted to settled status from late January 2025. They will no longer have to apply for obtaining settled status under the EUSS.
This will support the Home Office in implementing the judgment in R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin).
The Home Office is introducing a new system through which pre-settled status holders will automatically receive settled status without having to apply for EUSS. This will create a smooth and straightforward system for the thousands of pre-settled status holders.
The Home Office will send an email to pre-settled holders whose status is approaching its end date to inform them that they may soon be considered for an automated conversion to settled status. The Home Office is expected to issue the first grants of settled status under this process in late January 2025. The Home Office will also inform if they cannot grant settled status to somebody holding pre-settled status.
The Home Office will automatically check pre-settled status holder records to check if they have lived in the UK for a qualifying period and whether there is any evidence of criminal conduct against them. These checks are the same that were done at the time the person applied for pre-settled status under the EUSS for the first time to ensure they are eligible for settled status before it is granted.
Further expansion in the later part of 2025
The Home Office intends to expand the system for more eligible pre-settled holders from late 2025, enabling them to acquire settled status automatically and thus their rights in the UK.
The appropriate steps are also being considered for those who no longer meet the requirements of pre-settled status. Further information is supposed to come in due time.
There is already a provision for extending pre-settled status by 5 years for those who did not apply for a further EUSS for settled status.
Pre-settled status holders will not have to necessarily wait for automatic conversion to the settled
status. They will be able to apply for further EUSS. The automated system will not stop people from applying for further EUSS as soon as they become eligible for it.
In some cases where people do not receive communication from the Home Office, it will be best for them to apply for EUSS.
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