Home Office announces changes to the EU Settlement Scheme (EUSS)
On 21 May 2024, the Home Office announced further changes to the EU Settlement Scheme (EUSS), to ensure that those granted pre-settled status under the scheme can continue to prove their rights easily, and to bring greater clarity for those who are required to check immigration status, such as employers and landlords.
The changes support the Home Office’s practical implementation of the High Court judgment in the judicial review proceedings brought by the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA). In response to that judgment, in July 2023 the Home Office confirmed that, from September 2023, people with pre-settled status under the EUSS would automatically have their status extended by two years before it expires if they have not obtained settled status.
Now the Home Office has announced that it will increase the duration of pre-settled status extensions from two to five years, and will also remove the pre-settled status expiry date from the digital profiles shown to third parties in the online checking services for Right to Work, Right to Rent and View and Prove.
Alongside this change, employers, landlords and letting agents will not be required to conduct a further right to work or rent check where the individual remains in their employment or as part of that tenancy agreement.
In July 2023, the Home Office stated that it would 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. This is not mentioned in the most recent announcement.
Late applications to the EUSS
It is now almost 3 years since the EUSS application deadline of 30 June 2021. This deadline does not apply if you already have pre-settled status and you’re applying for settled status.
If you have not applied for settled or pre-settled status under the EUSS by the June 2021 deadline, you may still be able to make a late application in certain circumstances.
For example, if you are joining a family member who was living in the UK by 31 December 2020, your deadline will be based on when you arrive in the UK, as long as you were their family member by 31 December 2020 and the family relationship still exists when you apply.
You can also still apply if you are eligible and you can show ‘reasonable grounds’ for why you could not apply by the deadline or in the time since the deadline passed. You will need to provide evidence which explains the reasons why you could not apply.
Speak to an immigration advisor
If you need advice or support regarding the EU Settlement Scheme or your immigration status and right to work in the UK, Smith Stone Walters can help. To speak to a qualified immigration advisor, please call 0208 461 6660 or email info@smithstonewalters.com.
