Key changes announced for holders of EU pre-settled status

The Home Office recently announced two key changes for holders of EU pre-settled status. Vikki Wiberg discusses what you need to know below. 

Pre-settled status was available to European nationals and their family members who established their right to free movement in the UK before 31 December 2020. The announced changes, communicated by email from July 2023, are listed below.

• Holders of pre-settled status will be granted a two-year automatic extension. This will give holders more time to apply for settled status, a permanent status requiring applicants to have spent at least five years in the UK with absence of no more than 180 days in any rolling year. This change means that those with a higher level of absence, for example due to COVID-19 or travel, who did not meet the residency rules may now be able to apply for settled status.
• From 2024 the Home Office intends to automatically transition some holders of pre-settled status to settled status. Details of this process have not been released. We envisage that it may only be for the simplest of cases where, for example, the holder has a full employment national insurance record verifiable with HMRC. The process is likely to take some time, and we recommend holders of pre-settled status with the necessary residence apply for settled status now.

Whilst these changes are welcome, they may not assist with more complex cases. If you require help navigating these changes, please contact Vikki Wiberg in our Mobility team to discuss your or your client's case.