Changes to EU Settlement Scheme
By Danielle Cohen Immigration Law Solicitor LinkedinDanielle Cohen has over 20 years of experience as a lawyer and a reputation for offering professional, honest and expert advice.
The Home Office have published guidance to say that pre-settled status will automatically be extended by two years before it is due to expire. This of course will not impact those who already have settled status or UK British citizens. From September 2023 pre-settled status holders who have not yet obtained settled status but who are now approaching the expiry date of their pre-settled status, will have their status automatically extended by two years. This will ensure that no current pre-settled status holder will lose their immigration status if they fail to make the second application to the EUSS and you will retain your pre-settled status beyond its current expiry date when they make an application and are awaiting a decision of the second application to the EUSS.
If you hold a pre-settled status and have now been living continuously in the UK for five years, then this change does not stop you from making a further EUSS application to switch to a settled status.
What is the future?
There are now plans for pre-settled status holders to have their status switched to settled status automatically, where the Home Office holds information to do so. The Home Office plans to take these steps during 2024 to start to automatically switch as many eligible pre-settled status holders as possible to settled status without the need to make a further application. The Home Office recommends that if you hold pre-settled or settled status you should keep your contact information (such as email addresses) up to date to ensure you receive any updates or information on your EUSS status. You can do so by using the updating EU or UK Visas & Immigration Account detail service.
When travelling to and from the UK the Home Office recommends that you travel using the document you used when applying for the EUSS and if you intend to travel on a different document you should update your UKVI account to add that document.