From September 2023, those who hold pre-settled status who have not yet obtained settled status (permanent residence) will have their permission automatically extended by two years. This gives those who have pre-settled status more time to make their application to settle in the UK permanently.
From 2024, the Home Office has announced that where they have sufficient information they plan to automatically convert pre-settled status to settled status, for those who are eligible.
It is recommended to keep your contact and passport information up to date to ensure they receive any updates or information on your EUSS status. You can do so by using the ‘Update your UKVI account details’ service. The Home Office says:
The above changes are the result of the recent case of R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin) in which the High Court ruled that people with pre-settled status must not lose their residence rights just because they do not make a second application to the EU Settlement Scheme.
In less positive news, stricter rules have been introduced regarding late applications under the EU Settlement Scheme. From 9 August 2023, what constitutes a ‘reasonable excuse’ for making a late application is now a validity requirement rather than an eligibility requirement. If the Home Office rejects an application is invalid, there will be no right of appeal or administrative review. A non-exhaustive list of reasonable grounds is provided in the Home Office caseworker guidance.
If your pre-settled status has been extended for two years, you may require specialist advice as this often indicates that there is a complication with obtaining settled status. Reach out to our friendly immigration team today.