In September 2023, individuals holding pre-settled status will receive an automatic 2-year extension before their status expires, unless they have already acquired settled status. The Home Office will automatically process the requests which will be reflected in the individual’s digital status, as well as being notified of the extension directly by the Home Office. Once the extension is applied, people’s full rights granted by pre-settled status will continue.
Previously, individuals with pre-settled status were required to apply for settled status prior to the expiration of their pre-settled status, or else lose the right to live in the UK.
The Home Office will also strive to automatically grant settled status after 5 years of continuous residence in the UK, provided they can confirm from their records that all the requirements have been fulfilled. If they cannot make that determination based on the data available to them, pre-settled status holders will likely be invited to apply for settled status if they wish to do so.
This welcomed change comes off the back of the High Court ruling which found that people with pre-settled status must not lose their residence rights just because they don’t make a second application to the EU Settlement Scheme for settled status before the expiry of their pre-settled status. The change should also prevent the cliff edge of pre-settled status from expiring and prompt those with settled status to apply for settled status once they reach the 5-year qualifying period. It could also go some way to helping those who have been absent from the UK since their pre-settled status was granted.
What action needs to be taken?
Those with pre-settled status should ensure that:
- Their online platform is up to date, especially if they have obtained a new passport or ID card since being granted pre-settled status.
- Keep records of their continuous residence in the UK so as not to prevent their eligibility for settled status.
- Diarise their pre-settled status expiry date (usually 5 years from the date it was granted).
- If working in the UK, generate a share code to send to their employer either when their pre-settled status has been extended or when they have been upgraded to settled status.
If you would like to discuss these changes or require bespoke immigration advice, get in touch with our team of expert immigration lawyers.
