Home Office confirms roll-out for automatic conversion of Pre-Settled Status to Settled Status

On 17^th January, the Home Office published a policy paper confirming further changes to the UK’s EU Settlement Scheme (“EUSS”). This change comes about following the ‘High Court’s decision to find the UK’s EU Settlement Scheme unlawful’ – see our previous blog.

The Home Office have announced that they will be automating the process of obtaining settled status for eligible pre-settled status holders. The automation will allow those who have already obtained pre-settled status to obtain settled status without the need for any further EUSS application to be made. The Home Office will carry out its automatic checks to verify an individual meets the relevant criteria and there are no criminality issues.

When does the automation begin?

It is understood that the Home Office will begin automatically converting certain pre-settled status holders from end of January informing them of a grant of settled status. Those qualifying individuals will receive an email from the Home Office informing them that they will be considered for the automation towards the end of the month with further people being contacted throughout the year.

How does it affect me?

If you have pre-settled status, the Home Office may email you informing you that you are being considered for the automatic conversion to settled status. If this is successful, your status will be automatically converted to settled status and there is nothing that you need to do.

If the automated checks are not successful and the Home Office are unable to automatically convert your status due to limited information available on your records, you will be invited to submit an application for settled status yourself and you will be able to provide residence documents to evidence your stay in the UK for the qualifying 5-year period. Your status will remain as pre-settled status during this period until you choose to manually apply for settled status.

For qualifying pre-settled status holders who are approaching expiry of their status but do not file an application for settled status, the Home Office automatically extends the pre-settled status for five years to ensure they do not lose their rights – see our blog here.

What do I need to do?

As an EUSS status holder, you are encouraged to update your digital status with your most recent passport, national identity card and your contact details such as your email address and mobile number. This is to ensure that you receive any Home Office communication informing you that you are being considered for the automatic settled status conversion.

Frequently asked questions (FAQs)

How do I know I have been chosen for the automatic conversion?
You will receive an email from the Home Office informing you that you are due to apply for settled status and that the Home Office’s automatic checks will review whether you qualify. If the automated system is able to validate your residence in the UK, your status will automatically be updated to settled status.
Will my right to work/rent be affected whilst the application for settled status is being processed?
No – you will still be able to access your ‘Certificate of Application’ which allows you to continue working and renting in the UK whilst your application is under consideration. You will also be able to continue using the ‘view and prove’ my immigration status via the gov.uk website.
What happens if I am not eligible for the automatic conversion?
If you are not eligible for the automatic conversion for any reason, you are able to submit your own application for settled status manually. You will be able to complete the application and provide all supporting documents via the self-upload system at the end of the application.
How can I change/update my contact details?
You can update your contact details and your identity documents via the Home Office ‘Update your UK Visas and Immigration account details’ service.
Can I still submit my own settled status application?
Yes, you do not need to wait for the Home Office to convert your status should you meet the criteria. If you would like to submit your own application for settled status, the application and option to do so, remains open.
Can I travel whilst my settled status application is being processed?
Yes, as you will already have pre-settled status and you are able to evidence your right to re-enter the UK as you continue to hold pre-settled status.
What happens to my dependants?
Your dependants will also receive separate emails from the Home Office regarding their automation to settled status when they approach the relevant date.
What happens if I no longer meet the residence requirement?
The Home Office have stated that they are considering the appropriate next steps for cases where those with pre-settled status no longer meet the conditions of their stay. We expect further information on this point to be released in due course.

We regularly advise individuals and employers on the EUSS and the ongoing changes. If you would like to discuss your EUSS or your options if you have been refused settled status, please do not hesitate to contact our Head of Immigration, Sundeep Rathod.

Please note that this blog is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this blog.

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