Introduction
The EU Settlement Scheme has been one of the main process for EU citizens living in the UK after Brexit, providing them with the opportunity to secure their residency status post-Brexit. In this article, we will delve into the new changes to Pre-Settled Status under the EU Settlement Scheme. We aim to provide a clear and comprehensive guide to help you understand these changes and their implications.
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Overview of the EU Settlement Scheme
The EU Settlement Scheme was introduced to allow EU, EEA, and Swiss citizens, as well as their family members, to continue living in the UK after Brexit. The scheme offers two types of status: pre-settled and settled status.
| Type of Status | Description |
|---|---|
| Pre-settled Status | Temporary residency status for those who have lived in the UK for less than 5 years |
| Settled Status | Permanent residency status for those who have lived in the UK for 5 years or more |
Key Features of the EU Settlement Scheme
- Eligibility: EU, EEA, and Swiss citizens and their family members.
- Application Deadline: Specific deadlines apply depending on circumstances.
- Rights: Right to live, work, and access public services in the UK.
What Is EU Pre-settled Status?
Pre-settled status is a type of temporary residency granted to EU, EEA, and Swiss citizens, as well as their family members, who have been living in the UK for less than five years. This type of status allows individuals to remain in the UK and eventually apply for settled status once they have completed the required five-year continuous residence period.
Key Features of EU Pre-settled Status
| Feature | Description |
|---|---|
| Duration | Valid for up to 5 years |
| Extension | Can be extended automatically under certain conditions (as discussed in the following sections) |
| Eligibility for Settled Status | Requires 5 years of continuous residence in the UK |
| Rights | Right to live, work, and access healthcare and other public services in the UK |
What Eligibility Criteria do You Need to Meet for Pre-settled Status?
To qualify for pre-settled status, applicants must meet specific criteria, such as the following:
- Beginning of Residency in the UK: Applicants for pre-settled status must have started living in the UK before 31 December 2020.
- Continuous Qualifying Period: All applicants must also not have been absent from the UK for more than 6 months in any 12-month period, however, there are certain exceptions for specific circumstances which will allow for a longer absence period, such as, medical emergencies and exceptional circumstances.
- Family Members: Family members of eligible individuals for EU pre-settlement can also gain this status if they meet the necessary requirements.
New Changes to Pre-settled Status
On 21 May 2024, the Home Office announced significant changes to the EU Settlement Scheme, particularly affecting those who already hold pre-settled status. These changes are primarily aimed at simplifying the visa extension process and ensuring that individuals do not lose their status due to any administrative complications.
Summary of New Changes
- Automatic Extensions: Pre-settled status will be automatically extended by five years instead of the previous two years.
- Digital Status Updates: The expiry date of the pre-settled status will be removed from any digital profiles used for employment and housing checks.
- Right to Work and Rent Checks: Employers and landlords will not need to conduct further ‘right to work’ and housing checks if the individual’s status is automatically extended.
These changes reflect the ruling in the case of the Independent Monitoring Authority for the Citizens’ Rights Agreements v Secretary of State for the Home Department [2022] EWHC 3274. The Independent Monitoring Authority (IMA )raised concerns about the initial automatic extension approach, which then subsequently prompted these new updates.
Automatic Extensions of Pre-settled Status
One of the most significant changes that was announced is the automatic extension of pre-settled status. This change addresses major concerns raised by the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) and aims to simplify the process for pre-settled status holders.
The IMA had expressed their concerns that the initial two-year extension might not adequately protect the rights of pre-settled status holders. The new five-year extension aims to provide greater stability and reduce the administrative burden on individuals and third parties.
Key Changes to Automatic Extensions
Automatic Extension Duration
- Previously, pre-settled status holders could have their status automatically extended by two years.
- Under the new changes, this extension period has been increased to five years.
Notification Process
- Pre-settled status holders will be notified directly about the automatic extension, ensuring they are aware of their updated status without needing to reapply.
Official Home Office Statement
“The process will be automated by the Home Office and reflected in the person’s digital status. They will be notified of the extension directly. This will ensure that nobody loses their immigration status if they do not apply to switch from pre-settled to settled status.”
Impact of Automatic Extensions
- Employment: Employers will not be required to conduct any additional right-to-work checks for individuals whose status is automatically extended, meaning that the administrative and HR based process for employers are now much more straight forward, saving them time and resources.
- Housing: Landlords and letting agents will not need to perform further ‘right-to-rent’ checks for tenants with extended pre-settled status, again simplifying the admin procedures.
Official IMA’s Statement:
“In the IMA’s view, the Home Office’s initial approach of automatically applying a two-year extension to pre-settled status holders shortly before they approach their current date of expiry did not go far enough to address the judgment. The five-year extension is a positive step towards addressing these issues.”
Conditions for Lapses of Pre-settled Status’
The recent changes also modify the conditions under which pre-settled status will lapse. Previously, pre-settled status would only lapse if an individual was absent from the UK for more than two years. The new amendments have extended this period to provide the holders with more flexibility.
Key Changes to Lapse Conditions
Extended Absence Period
- The period of absence from the UK before pre-settled status lapses has been extended from two years to five years.
- For Swiss nationals and their family members, the lapse period is unchanged, and still stands at four years.
New Lapse Conditions
| Previous Conditions | New Conditions |
|---|---|
| Lapsed after 2 years absence | Lapses after 5 years absence |
| (4 years for Swiss nationals) | (4 years for Swiss nationals) |
Continuity of Residence
Although the status may not lapse for up to five years of absence, individuals must still meet the continuity of residence requirements to qualify for settled status. Any absences of more than six months in any 12-month period could impact the ability to transition to settled status unless the absences fall under any exceptional circumstances.
Home Office Announcement
“The Immigration (Leave to Enter and Remain) (Amendment) Order 2024, which came into force on 21 May 2024, confirms that pre-settled status will not lapse unless someone has been absent from the UK for five years without returning to the UK.”
Implications for Pre-settled Status Holders
- More Flexibility: This change provides greater flexibility for pre-settled status holders who may need to spend extended periods outside the UK.
- Eligibility for Settled Status: Despite the extended lapse period, individuals must still adhere to the continuous qualifying period to become eligible for settled status. Absences exceeding six months in a year could disrupt the qualifying period.
Example Scenario
| Scenario | Impact |
|---|---|
| Absent for 6 months in a 12-month period | Continuous residence remains intact |
| Absent for 7 months in a 12-month period | Continuous residence period is broken |
Transitioning from Pre-settled to Settled Status
Transitioning from pre-settled to settled status is a key step for EU, EEA, and Swiss citizens who want to secure their long-term residency in the UK. The recent changes to the EU Settlement Scheme have helped streamline this process, but certain requirements still need to be met.
Eligibility for Settled Status
To be eligible for settled status, will need to have completed a continuous qualifying period of five years of residence in the UK. This means they have not been absent from the UK for more than six months in any 12-month period, with a few exceptions.
Requirements for Settled Status
- Continuous Residence: Five years of continuous residence in the UK, starting before 31 December 2020.
- Absences: No absences of more than six months in any 12-month period, except for specific reasons, such as:
- One period of up to 12 months for an important reason like childbirth, serious illness, or study.
- Compulsory military service.
Application Process
| Step | Description |
|---|---|
| Check Eligibility | Ensure you have completed five years of continuous residence. |
| Gather Documents | Collect proof of residence, such as utility bills, bank statements, or pay slips. |
| Submit Application | Apply through the official EU Settlement Scheme portal. |
| Await Decision | The Home Office will review your application and notify you of the decision. |
Key Dates and Deadlines
Understanding the key dates and deadlines associated with the EU Settlement Scheme is crucial to avoid any potential issues with your status.
Key Dates regarding Pre-Settled Status
| Date | Significance |
|---|---|
| 31 December 2020 | Deadline to establish residence in the UK for eligibility under the scheme. |
| 30 June 2021 | Initial deadline for applications to the EU Settlement Scheme. |
| Ongoing | Continuous qualifying period must be maintained to transition from pre-settled to settled status. |
Key Dates and Deadlines
Understanding the critical dates and deadlines associated with the EU Settlement Scheme is essential for managing your residency status effectively. The recent changes provide more flexibility, but it’s crucial to stay informed about these timelines to ensure compliance.
Key Dates to Remember
| Date | Event |
|---|---|
| 31 December 2020 | Deadline to establish residence in the UK for eligibility under the EU Settlement Scheme. |
| 30 June 2021 | Initial deadline for applications to the EU Settlement Scheme. |
| September 2023 | Introduction of automatic extensions to pre-settled status in Appendix EU of the Immigration Rules. |
| 21 May 2024 | Announcement of further changes to pre-settled status, including the extension of lapse conditions and automatic extensions. |
Application Deadlines
- General Applications: While the initial deadline was 30 June 2021, late applications are still considered if the applicant has reasonable grounds for missing the deadline.
- Pre-settled Status Holders: All pre-settled status holders must apply for settled status before their pre-settled status expires, taking into account the new automatic extensions.
Failing to apply by the relevant deadlines can lead to complications with your residency status. However, the Home Office allows for late applications under specific circumstances, including:
- Medical Reasons: If you were unable to apply due to a medical condition or hospitalisation.
- Lack of Internet Access: Particularly relevant during the COVID-19 pandemic.
- Personal Circumstances: Such as bereavement or other compelling reasons.
Conclusion
The changes to pre-settled status under the EU Settlement Scheme bring significant improvements, particularly in terms of automatic extensions and more flexible absence rules. These changes are designed to protect the rights of pre-settled status holders and ensure that their residency in the UK remains secure without unnecessary administrative burdens.
Frequently Asked Questions for Pre-Settled Status (FAQ)
1. What is the main change to the automatic extensions of pre-settled status?
The main change is that pre-settled status will now be automatically extended by five years instead of two years. Furthermore, the expiry date will be removed from digital profiles used for employment and housing checks.
2. How does the new lapse condition affect my pre-settled status?
Pre-settled status will now lapse only if you are absent from the UK for five years (or four years for Swiss nationals) without returning. This gives you more flexibility compared to the previous two-year rule.
3. What should I do if I missed the initial application deadline for the EU Settlement Scheme?
If you missed the initial deadline, you can still submit a late application if you have reasonable grounds, such as medical reasons or lack of internet access.
4. How can I prove my continuous residence in the UK?
To prove continuous residence, you can use documents such as utility bills, bank statements, or pay slips that show your presence in the UK over the required period. Ensure these documents cover each year of your stay without significant gaps.
5. What if my digital status does not reflect the automatic extension?
If your digital profile does not show the automatic extension, contact the Home Office for clarification and update your records.
Contact Us for More Information:
For expert advice and assistance regarding the EU Settlement Scheme, contact Primus Solicitors or complete the enquiry form on our website.
