It is expected that from late January 2025, eligible EU citizens who currently hold pre-settled status will have their status automatically converted to settled status without the need to actively submit a further EUSS application.

Background

The change follows the high court decision in R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin). 

The High Court judgment found that the Withdrawal Agreement right to reside of a person with pre-settled status does not expire for failure to make a further application to the EUSS. Therefore, by imposing a requirement to apply for settled status, the Home Office was acting unlawfully. 

The judge also stated that those granted pre-settled status are entitled to reside permanently in the UK once they have completed their five-year continuous residence period.

The Home Office is now implementing the change to ensure that eligible EU nationals can secure their rights in accordance with the judgement, without the need to make a further application.

Key points:

Rollout

The automatic conversion to settled status, where eligible, is set to begin at the end of January 2025. 

The rollout of this change will be phased, and later in 2025, the Home Office will expand the process to enable more eligible pre-settled status holders to be converted to settled status without them needing to make an application for it. 

The Home Office is also considering the best course of action for individuals who do not meet the conditions for their pre-settled status, such as those who have not maintained continuous residence in the UK. The Home Office is expected to provide more information on this soon.

Automatic conversion

Currently, individuals holding pre-settled status and seeking to apply to settle in the UK must submit a further application under the EUSS, upon completing 5 years of continuous residence in the UK. 

The Home Office is also automatically extending pre-settled status for a further 5 years for people approaching expiry who have yet to apply for settled status, to ensure that these individuals will not lose their rights because they did not make a further EUSS application. 

Building on the above automated process, the Home Office is now aiming, in the first phase, to email individuals whose pre-settled status is expiring soon to let them know that they may shortly be assessed for automatic conversion to settled status. 

Following the above assessment, the Home Office will then inform individuals of the outcome of their assessment. During this process, no action will be required from the relevant EU nationals.

Eligibility assessment

To conduct their eligibility assessment, the Home Office will review the individual's records using government-held information, to verify their continuous residence in the UK, confirm any criminal conduct and ultimately determine eligibility. The checks will be similar to the ones conducted during the initial application for pre-settled status.

Voluntary applications 

Eligible individuals do not need to wait to be contacted by the Home Office. They can still apply for settled status at www.gov.uk/eusettlementscheme as soon as they are eligible. 

The introduction of this new process does not negate the option to submit an application for settled status via the usual application route.

Up-to-date contact details

Relevant individuals will need to ensure that they keep their contact details up to date so that any communications regarding their status are received in a timely manner. 

In case any contact details have changed, individuals  will need to update their information using the Update your UK Visas and Immigration account details service.

Conclusion

The new process aims to simplify the transition to settled status, ensuring that eligible EU citizens can continue to live and work in the UK without unnecessary administrative steps. 

The automated process will ensure a less complicated and administrative transition to settled status for those eligible.

How this process will take shape and whether any issues will arise in identifying eligible individuals remains to be seen. In the meantime, EU citizens should continue to take proactive steps to ensure they meet the conditions and eligibility requirements under the EU Settlement scheme, so the upgrade to settled status can be completed as smoothly as possible.