Automatic Upgrades to Settled Status

On 17th January 2025, the Home Office gave an update on how it will implement automatic upgrades to settled status from pre-settled status following the decision of R (IMA) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin).

This judgement found that people with pre-settled status must not lose any residence rights they have because they do not make a second application to the EU Settlement Scheme before the expiry of their pre-settled status. It also found that people with pre-settled status should not be denied permanent residence once they have reached 5 years’ lawful residence because of a failure to make a second application under the scheme.

The EU Settlement Scheme as it was originally set up, required pre-settled status holders to make a further application for settled status once they have completed 5 years continuous residence in the UK.

The Home Office has now published details of what it describes as a “streamlined and straightforward” process to upgrade eligible pre-settled status holders to settled status, without the need for a further EUSS application. The update can be found here: EU Settlement Scheme (EUSS) status automation - GOV.UK

The Home Office have said that they will email pre-settled status whose status is due to expire to inform them that they may soon be considered for an automated conversion to settled status. The Home Office anticipates that this process will begin from late January 2025. 

In assessing eligibility for an automatic upgrade, the Home Office will check against government-held information to establish that the holder of pre-settled status has remained resident in the UK and will also carry out criminal record checks. The scheme will be expanded later in 2025.

The same update also detailed that the Home Office is considering what steps they will take where the checks that they carry out suggest that a person may not be eligible for settled status. The announcement has not given any more detail on this important issue.

The Home Office has also made it clear in its recent statement that this automated process will not prevent people from making their own application for settled status. 

If you require further assistant on this, please do contact our Edinburgh or Glasgow Immigration Team.