EUSS: Home Office announces introduction of automatic conversion of pre-settled status to settled status

The European Settlement Scheme (‘EUSS’) was introduced to protect the rights of residence in the UK of EU nationals and their family members post-Brexit. Those eligible for status under the scheme are granted pre-settled (time-limited permission) or settled status (indefinite leave to remain) depending on their length of residence in the UK. Up until now, those with pre-settled status had to make a further application to the Home Office for settled status once eligible. That is set to change with the Home Office’s recent announcement that it will start the process of automatically converting eligible pre-settled status holders to settled status from late January 2025 onwards. This follows on from their move last year to automatically extend the status of pre-settled status holders for a further five years if they had not yet applied for settled status.

How will I know if my status is being automatically upgraded?

The roll out of automatic grants of settled status will be introduced in phases, with those approaching the expiry of their pre-settled status being in the first cohort. Those who may be eligible for an automatic grant of settled status will receive an email from UK Visas and Immigration (UKVI) informing them that their case may soon be considered for conversion to settled status.

All pre-settled status holders should check their contact details linked to their UKVI account are up to date, to ensure that they do not miss out on any important communications. You can update your details online.

Will all pre-settled status holders receive settled status automatically?

No. Only those who are assessed as eligible for settled status will be granted settled status automatically. The Home Office will check eligibility through information held by other government departments, such as HMRC, to check continuous residence in the UK, and to check for any evidence of criminal conduct.

What are the eligibility requirements for settled status?

To be eligible for settled status an applicant must normally have been continuously resident in the UK for five years, which commenced before 11pm on 31st December 2020. This key date will be different for certain applicants, including those who joined a family member in the UK after 31st December 2020. A suitability assessment, which considers past conduct and criminality, is also carried out as part of the application process.

I am eligible for settled status now. Do I need to wait to be contacted by the Home Office?

No. Individuals that are eligible to apply for settled status do not need to wait to be contacted by the Home Office and can apply for settled status in the usual way. Details on how to make an application can be found here.

There will be individuals that are not eligible for settled status, for example, as a result of breaking their continuity of residence in the UK. The Home Office has confirmed it is considering the appropriate next steps for cases where a pre-settled status holder has ceased to meet the conditions of their pre-settled status by not maintaining their continuous residence in the UK and will provide further information in due course. This is likely to include the possibility of curtailment action against those who no longer meet the requirements for a grant of pre-settled status.

Our experienced Immigration team is on hand to advise and help you navigate these changes to the EUSS. For those in need of advice and assistance in relation to their status under the EUSS, please get in touch with a member of team.