United Kingdom | Immigration | EU Settlement Scheme Pre-Settled Status to be extended indefinitely

Immigration 

United Kingdom | EU Settlement Scheme Pre-Settled Status to be extended indefinitely

Summary

The UK Government announced on 21 May 2024 that further changes are to be made to the EU Settlement Scheme in order to implement a High Court judgment.

Pre-Settled Status holders will benefit from continuous automatic extensions of five years and any checks on their immigration status, for example by employers, will not need to track an expiry date.

The detail

While positive changes were announced in July 2023, the most recent announcement brings more good news for those with Pre-Settled Status under the EU Settlement Scheme.

The Home Office has announced that:

• Pre-Settled Status holders will have their status continuously and automatically extended by five years instead of the previously announced two years. The extensions will happen around 2-3 months before the expiry date of the current status and online accounts will automatically update.
• Pre-Settled Status online accounts will be amended to remove the expiry date being displayed to employers, landlords and others when undertaking right to work, right to rent and other checks. This means that the holder’s immigration status need only be checked once and does not need to be re-checked since extensions are automatic.
  • In effect, this means that the check, once made, will provide employers, landlords and others an indefinite statutory excuse against a civil penalty.
  • It is recommended that employers, landlords and others continue to re-check immigration status where they have noted an expiry date. However, that re-check should be the final check required for that employee/tenant.

The Home Office still intends to automatically upgrade Pre-Settled Status holders to Settled Status if the Home Office can determine from their records that the holder has spent five continuous years in the UK. This process has not yet been finalised and more details are expected over the course of 2024.

However, Pre-Settled Status Holders are encouraged to apply for Settled Status once they meet the five year residence threshold as this status is more secure and is required before an application for naturalisation as a British Citizen can be filed.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Lyudmyla Davies
Partner (Solicitor)

Ian Robinson
Partner 

Andrea Als
Director (Solicitor)

Tom Marsom
Director (Solicitor)

Lucy Vaux
Senior Manager (Solicitor) 

Further information on Vialto Partners can be found here: www.vialtopartners.com

Vialto Partners (“Vialto”) refers to wholly owned subsidiaries of CD&R Galaxy UK OpCo Limited as well as the other members of the Vialto Partners global network. The information contained in this document is for general guidance on matters of interest only. Vialto is not responsible for any errors or omissions, or for the results obtained from the use of this information. All information is provided “as is”, with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. In no event will Vialto, its related entities, or the agents or employees thereof be liable to you or anyone else for any decision made or action taken in reliance on the information in this document or for any consequential, special or similar damages, even if advised of the possibility of such damages.

©2024 Vialto Partners. All Rights Reserved.