The Home Office is set to introduce a significant policy change aimed at streamlining the transition of eligible pre-settled status holders towards settled status under Immigration Rules Appendix EU.

 

This new approach seeks to finalize the implementation of the judgment in R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin), which clarified the government’s obligations under the EU Settlement Scheme (EUSS).

 

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Key Features of the Policy

 

Starting from late January 2025, the Home Office will begin issuing automatic upgrades from pre-settled to settled status for those who meet the eligibility criteria. This automated process represents a significant administrative shift designed to ensure compliance with legal requirements while simplifying the pathway for eligible individuals.

 

Notification and Timeline

 

Pre-settled status holders nearing the expiry of their status will receive email notifications informing them of their potential eligibility for an automated conversion to settled status. Importantly, individuals will not be required to take any action; the Home Office will handle the upgrade process on their behalf. If, for any reason, an individual cannot be granted settled status, they will be informed accordingly.

 

Automated Eligibility Checks for Settled Status eligibility

 

The Home Office will rely on existing government-held data to assess whether pre-settled status holders are eligible for settled status. This includes verifying that individuals have maintained continuous residence in the UK and reviewing records for evidence of criminal conduct. These checks will mirror the processes undertaken during initial applications to the EUSS, ensuring consistency and fairness in determining eligibility.

 

Expanding the Scope of Automation

 

In the latter part of 2025, the Home Office plans to broaden the scope of this initiative, allowing a larger number of eligible pre-settled status holders to benefit from automatic upgrades. This expansion will further enhance the efficiency of the EUSS and ensure that individuals who meet the requirements for settled status can transition seamlessly.

 

Addressing Non-Compliance with Conditions

 

For pre-settled status holders who no longer meet the conditions of their status—such as those who have not maintained continuous residence in the UK—the Home Office is considering appropriate next steps. Further guidance on how these cases will be handled is expected to be released in due course.

 

Ensuring Legal Compliance and Simplification

 

This policy marks an important step in fulfilling the Home Office’s legal obligations under the EUSS and ensuring the rights of individuals covered by the Citizens’ Rights Agreements are respected. By automating the upgrade process, the Home Office seeks to reduce the administrative burden on applicants and ensure timely and accurate decisions.

 

What This Means for Pre-Settled Status Holders

 

1. No Action Required: Eligible pre-settled status holders will be automatically considered for settled status without needing to submit a new application.

2. Transparency: Individuals will be notified of their status upgrade or informed if they do not meet the criteria for settled status.

3. Future Updates: Further information will be provided on handling cases where individuals no longer meet the conditions of their pre-settled status.

 

Our thoughts

 

This proactive approach underscores the government’s commitment to simplifying the EUSS process while safeguarding the rights of individuals. Pre-settled status holders are encouraged to monitor communications from the Home Office and remain informed about future developments as this policy continues to be implemented.

 

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