Introduction
This email serves as an update regarding the recent changes to the EU Settlement Scheme Status, introduced on 17 January 2025. These changes are expected to take effect in late January, enabling an automated process to convert Pre-Settled Status to Settled Status for eligible EU nationals in the UK.
Impact
Medium
What has changed?
Currently, EU citizens holding Pre-Settled Status in the UK must submit a further application to the Home Office after reaching the required 5 years of residence in order to be eligible to obtain Settled Status.
Under the new process, eligible Pre-Settled Status holders will no longer need to submit an online application or provide additional evidence. The Home Office will automatically review government-held information, such as residence records and criminal history, to determine eligibility for Settled Status. Once a decision is made, the Home Office will notify individuals via email and automatically update their digital status, accordingly.
Please note that Pre-Settled Status holders are not required to take any action. Going forwards, Pre-settled status holders shortly approaching their status expiry date will be notified that their Pre-settled status has automatically been extended by a further 5 years and that their case is being considered for conversion to Settled-status. If the Home Office does not have sufficient information to confirm eligibility for an automatic conversion of status, the individual will be contacted and informed of the next steps.
Despite the introduction of the automatic conversion process, individuals may still choose to apply manually as soon as they become eligible. The introduction of this automated process does not prevent individuals from applying at their discretion.
Reminder: Right to work check under EU Settlement
Further to the above change in process for the conversion from Pre-Settled to Settled status for EU nationals, the Home Office will no longer require employers to carry out repeat checks on holders of pre-settled status. Accordingly, a right to work check on holders of pre-settled and settled status granted under the EUSS will only be required prior to the commencement of employment. Where initial checks were correctly undertaken prior to the commencement of employment on a pre-settled status holder, and provided employers are not knowingly employing someone without the right to work, the Home Office shall not take civil penalty action.
Where an individual still has an outstanding application to the EU Settlement Scheme, they will have a letter or email notification confirming their outstanding application (Certificate of Application - CoA) and a right to work check from the Employer Checking Service must be requested.
What you need to do
For further information on UK immigration matters, please contact the Sterling Lexicon immigration team at immigration@sterlinglexicon.com.