After the implications of Brexit, citizens from the European Union (EU), European Economic Area (EEA) and Switzerland (hereby referred to collectively as ‘EU citizens’) and their families who wish to live in the UK, are required to apply for a new immigration status under UK law.
The EU Settlement Scheme (hereby referred to as EUSS) has been set up to grant this status. The EUSS may grant either Settled Status (usually where you’ve lived in the UK for a continuous 5-year period, i.e., ‘continuous residence’) or Pre-Settled Status (limited leave to enter or remain in the UK for 5 years), depending on how long the EU citizen has lived in the UK.[1]
[1] The House of Commons Library: The EU Settlement Scheme: A summary – published on Tuesday, 14 January 2020.
Under the current system, a Pre-Settled Status holder can make an online application to upgrade their status to Settled Status under the EUSS once they have completed the continuous 5-year period in the UK. Failure to exercise this means a loss of the right to live in the UK.
Applicants under the EUSS will not be issued with a Biometric Residence Permit (BRP) card and can instead, prove and view their immigration status via https://www.gov.uk/view-prove-immigration-status.
The deadline for most people to apply to the EUSS has already ended on 30 June 2021, however, this deadline does not apply to those individuals with Pre-Settled Status.
A family member of an EU, Switzerland, Norway, Iceland, or Liechtenstein citizen, can still apply to the EUSS after the deadline provided if they were living in the UK by 31 December 2020 and they must also either:
There is no fee for an eligible individual making an application under the EUSS. Additionally, applicants under the scheme are not required to pay the Immigration Health Surcharge (IHS) either.
However, where an application is made within the UK, a non-EEA citizen applicant is required to enrol their biometrics and may be required to pay a fee to a commercial partner to do so, depending on the location of the centre they choose to use (several across the UK are free to use).[1]
[1] Home Office: EU Settlement Scheme: EU, other EEA and Swiss citizens and their family members – published on 12 April 2023.
Those individuals who are granted Settled Status or Pre-Settled Status, will automatically be entitled to:
On 21 December 2022, Mr Justice Lane in the High Court in the case of Independent Monitoring Authority v Secretary of State for the Home Department[1] ruled against the Home Office on the legality of the two-step EU Settlement Scheme application process.
[1] Independent Monitoring Authority v Secretary of State for the Home Department [2022] EWHC 3274 (Admin).
Mr Justice Lane ruled that the EU settlement Scheme was unlawful and in contradiction to the Withdrawal Agreement between the UK and the EU. He determined that even though the UK was able to implement a system requiring individuals to apply for immigration status by a specific deadline, the Withdrawal Agreement only requires one application for residence status to be made where the host state has adopted a constitutive system.[1]
[1] Carla Mirallas Martinez: Important High Court judgement for those with Pre-Settled Status – published on 12 March 2023.
It can be expected that the Home Office would normally appeal this ruling, however, surprisingly, the Home Office announced in February 2023 that they would not be appealing the ruling and would instead, be executing Mr Justice Lane’s landmark decision in the case of Independent Monitoring Authority v Secretary of State for the Home Department.
Therefore, the new Immigration Rules were outlined in Parliament on 17 July 2023, confirm that from September 2023 people with Pre-Settled Status under the EU Settlement Scheme will automatically have their status extended by 2 years before it expires if they have not obtained Settled Status.[1]
[1] Home Office and Lord Murray of Blidworth: EU Settlement Scheme enhancements confirmed – published on 17 July 2023.
As highlighted above, the Home Office has emphasised that this latest change to the Immigration Rules will be automated and therefore, it is noted that the respective individual will not need to make an application to have their status extended. Instead, they will be notified of the extension directly, which can then be conveyed on their online immigration status under the EUSS.
The Home Office also intends to take steps to automatically convert as many eligible Pre-Settled Status holders as possible to Settled Status once they are eligible for it, without them needing to make an application. During 2024, the automated checks of Pre-Settled Status will establish their ongoing continuous residence in the UK. [1] The Home Office has assured that safeguards will be present to ensure that Settled Status is not wrongly automatically granted to any Pre-Settled Status holder.
[1] Home Office and Lord Murray of Blidworth: EU Settlement Scheme enhancements confirmed – published on 17 July 2023.
“Automatic extension of pre-settled status ensures that many EU, other EEA and Swiss citizens and their family members in the UK can continue to make a hugely valued contribution to British society without fear of losing their immigration status by simply failing to apply for settled status”.
[1] Home Office and Lord Murray of Blidworth: EU Settlement Scheme enhancements confirmed – published on 17 July 2023.
“The measures we’ve announced today will also enable us to continue robustly tackling spurious EUSS applications, freeing up resources for legitimate late applicants and status-holders, and delivering for the UK public”.
The range of measures outlined in the Immigration Rules in Parliament on 17 July 2023 effectively protects the integrity of the EUSS by the Home Office. This is achieved by shielding against fraud and abuse. They include changes to the way reasonable grounds for late applications to the scheme are considered. They are also closing 2 temporary transitional routes, both of which fall outside the UK’s Withdrawal Agreement commitments.[1]
[1] Home Office and Lord Murray of Blidworth: EU Settlement Scheme enhancements confirmed – published on 17 July 2023.
Additionally, although still having to obtain Settled Status for British citizenship applications, the implementation of the new Immigration Rules is a positive step towards protecting the rights of approximately 5.6 million people who currently benefit from the EUSS scheme. It also aims to reduce the strain on Home Office resources. However, detailed Guidance on how the changes will operate in practice has yet to be published.[1]
[1] Julia Chabasiewicz: Automatic pre-settled status extension for EU citizens – published on 24 July 2023.
Should you need guidance pertaining to your Individual, Business or Humanitarian UK immigration matter,
To arrange meeting with our lawyers, contact us by telephone at
+44 2077202156 or by email at office@goodadviceuk.com.
If you have instructed us before, we would be pleased to know your feedback about your experience.
GOOD ADVICE UK is an immigration law firm licensed and regulated by the Office of the Immigration Services Commissioner (OISC) in London. Our OISC Regulation Number is F200900070. GOOD ADVICE UK is registered at the highest level with the OISC and thus competent in providing specialist legal advice to the highest level and standards in all UK immigration matters. Find out more in our Accreditations section.
Copyrights of all the published materials on this website are reserved by GOOD ADVICE UK LIMITED.
We are well-positioned to make a positive societal impact by leveraging our specific skills and experience.
We believe in improving the life standards of our clients, and our work raises awareness towards several crucial social challenges such as displacement, domestic violence, ethical misconduct, and so on.
Copyrights by GOOD ADVICE UK®
