Pre-Settled Status – latest developments
In our blog published on 6 March 2023 (“No longer necessary to renew Pre-Settled Status?”) We explained that the High Court had determined that part of the EU Settlement Scheme (EUSS) was unlawful. Specifically, it was wrong that a migrant holding Pre-Settled Status could, if they did not make an application for Settled Status before their leave expired, become an overstayer.
This, the court said, was a breach of the Withdrawal Agreement, the UK/EU agreement that covers this area, and the Home Office eventually decided not to challenge the court’s decision.
After holding Pre-Settled Status for five years, many migrants will qualify for Settled Status and, bearing in mind that the EUSS was created in August 2018, these applications are now possible.
The Home Office has now come up with a way of avoiding the illegality. From September 2023 (date unspecified) anybody who holds Pre-Settled Status but has not applied for Settled Status will have their Pre-Settled Status automatically renewed for two years, and thus they will not become an overstayer.
Furthermore, the Home Office intends to introduce a scheme in 2024 (date also unspecified) whereby holders of Pre-Settled Status will be automatically granted Settled Status if and when they qualify, without having to submit any application. We will have to wait and see exactly how this will work.
For the moment though, and until the September 2023 scheme is implemented, we advise that it is best to apply for Settled Status in the normal way if you qualify.
If you have any problems or issues relating to this subject we at GSN Immigration will do our best to advise you.
Senior Immigration Lawyer