Changes to the EU Settlement Scheme for those holding Pre-Settled Status

The UK Government announced on 21^st May 2024 further changes to the EU Settlement Scheme (EUSS) following the Independent Monitoring Authority’s (IMA) successful High Court challenge against the Home Office – link here.

The changes introduced support the Home Office’s adjustment to the scheme and incorporate the High Court judgment to ensure those with status under the EUSS do not risk losing their immigration status if they do not switch from Pre-Settled status to Settled Status.

What’s changed?

The changes follow further from those announced in September 2023 where individuals holding Pre-Settled Status would be granted an automatic 2-year extension if they were ineligible or did not wish to upgrade to Settled Status. The latest changes announced go even further.

Pre-settled status extensions will now be granted for 5 years

Those individuals holding Pre-Settled Status will now automatically be granted a further 5 years leave to remain in the UK prior to the expiry of their current leave.

The removal of expiry dates when third parties are conducting online checks

Under the scheme, a landlord or employer are required to undertake a Right to Work or Rent check. At present, when carrying out those checks, the digital confirmation displays an expiry date where an individual holds Pre-Settled Status. The IMA had argued that this can pose significant challenges to employment and housing due to the status’ temporary nature. The online checks will now no longer display a visa expiry date where an individual holds Pre-Settled Status.

Further Right to Work and Rent checks no longer required

Employers, landlords and letting agents are currently required to undertake further Right to Work or Rent check where an individual has a visa expiry date.

This will no longer be the case where an individual remains in their employment or under the same tenancy agreement. Once pre-settled status has been proven, there will be no need for a further check.

If you would like further advice regarding the above changes, please do not hesitate to contact our Head of Immigration, Sundeep Rathod.

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