With its latest adjustment from 16.01.2025, the Home Office is introducing a change that will allow With its latest adjustment from 16.01.2025, the Home Office is introducing a change that will allow eligible holders of pre-settled status to automatically get settled statuswithout having to take any action. This was supposed to start working in 2024 but....something they had not worked out properly.
This important change will ensure that no pre-settled status holder's immigration status will lapse. Further information can be found below.
What changes from January 2025?
From January 2025, the Home Office is introducing a new process to automatically convert pre-settled status to settled status without the need for holders to make a further EUSS application.
As part of this process, holders of pre-settled status who are approaching their expiry date will be informed by email that their status has been extended and that they will be considered for automatic conversion. It is expected Home Office will issue the first approvals for settled status under this process at the end of January 2025. Pre-settled status holders will not need to take any action and will be informed if Home Office is unable to convert their pre-settled status to settled status or if further information or documentation is required.
This change will be phased in, with the Home Office extending the process later in 2025 to enable more eligible pre-settled status holders to obtain settled status without the need to make an application. The Home Office is also considering the appropriate next steps for cases where a pre-settled status holder has ceased to be eligible for temporary status by failing to maintain continuous residence in the UK, and will provide further information in due course.
Automatic checks will be carried out by the Home Office on holders of pre-settled status in respect of information held by the Government, for example in respect of their continued residence in the UK. This will reflect the assessment made when the person first applies to EUSS and will ensure that they are eligible for settled status before it is granted.
What is the EU Settlement Scheme?
The EU Settlement Scheme allows EU nationals, other EEA countries and Switzerland resident in the UK until the end of the transition period on 31 December 2020, and their family members, to get the status they need to live and work legally in the UK after 30 June 2021.
The scheme opened to the public on 30 March 2019. The deadline for most people to apply for EUSS was 30 June 2021, but eligible applicants can still apply if they have a later deadline to do so or have "reasonable grounds" for delaying their application.
The successful applicants receive digital proof of their immigration status, known as an e-visa.
The automatic conversion process is divided into two stages:
For EU nationals who started living in the UK before 31.12.2020, automatic conversion will start by the end of January 2025. How will this work for the 'first stage'?
- Pre-settled status holders will be notified in advance of their status extension and that they will be considered for automatic conversion.
- If at that time a pre-settled status is about to expire, it will be extended for a period of 5 years.
- All necessary checks (such as NIN checks and automatic checks on DWP and HMRC databases) will be carried out to ensure that the person is eligible for settled status.
- If the pre-settled status holder passes these checks, the Home Office will automatically grant settled status.
- If there is not enough information to confirm settled status eligibility, the Home Office will contact the pre-settled status holder and inform them of the next steps.
In the second stage, planned for 2025, the Home Office will extend the automated process to other categories of citizens and will use Border Agency data checks to obtain the right to permanent status. Further information will be provided at a later stage.
On the face of it, this is good news. However, there are cases where someone will be able to get permanent status at the moment, even if they have to manually send documents to stay, but if they don't do it now, then it will no longer be possible.
If you don't fully meet the rules now and the system gives you status, either automatically or manually, with an application, then even if they change the rules and find out you didn't meet them, they won't take your status. However, if you don't do the application now, but wait, nothing will happen.
I can say from my experience working with Home Office that they often have one intention and the reality turns out to be another. As a Bulgarian saying goes "If they give you - take, if they chase you - run away".
If you've been here in the UK for 5 years, you don't have to wait for them to give you something - if you're entitled, get it now! Don't wait for a better time, lest you end up without residency and get kicked out.
Important for status holders!
All EUSS status holders are encouraged to update their digital status with up-to-date passport/national identity card information and contact details, including email address, using the 'Update your UK Visas and Immigration account details' service.
For personal advice and assistance in applying to settle in the UK, contact Atanas Chikov - a licensed immigration adviser.
To contact us: 077 8606 7076 and 0208 144 8408 or email [email protected] as well as the FB Messenger.
