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UNITED KINGDOM – Changes to the EU Settlement Scheme
May 28, 2024
By: Clara Excler
On May 21, 2024, the UK Home Office published a Statement of Changes to the EU Settlement Scheme as part of the further implementation of the High Court judgment (EWHC 3274 of 2022) following judicial review proceedings brought by the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA).
In this update we outline the key changes bought about by the statement.
- The duration of the pre-settled status extension will be increased from 2 to 5 years:
- No action is required by status holders or third parties.
- The digital status (available to third parties for rights checks) will be updated by the Home Office and status holders will be informed accordingly.
- Right to Work, Right to Rent, and View and Prove will be made easier
- After completing initial Right to Work or Right to Rent checks for pre-settled status holders. employers, landlords, and letting agents will not be required to complete further checks over the course of employment or tenancy,
Newland Chase Analysis
As a reminder, the EU Settlement Scheme (EUSS) protects the rights of European Economic Area (EEA) citizens and their eligible family members that were living in the UK before the end of the Brexit transition period. The scheme either grants settled status (continuous five years of residence at the time of application) or pre-settled status (less than five years of residence at the time of application). Pre-settled status holders must apply for settled status after five years of residence, and prior to the expiry of the existing pre-settled status.
Considering the challenge raised by the IMA regarding the risk of loss of rights for failure to upgrade from pre-settled to settled status, and the supporting judgment of the High Court from December 2022, initial changes were published by the Home Office in July 2023, implementing a two-year extension of the pre-settled status from September 2023, but grounds for delayed applications were also toughened.
The changes announced in May should further alleviate the concerns of pre-settled status holders and provide them with additional assurance of their continuing rights. The Home Office continues to encourage EEA citizens and their family members to apply for settled status under the EUSS as soon as they’re eligible, to secure confirmation of their right to remain permanently in the UK.
Individuals who may be affected are advised to contact a Newland Chase immigration specialist for case-specific advice. For general advice and information on immigration and business travel to the UK, please contact us.
This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case or company-specific assessments.
