Global Alerts

European Union- Important policy changes to the EU Settlement Scheme

Legislation passed in Parliament on July 17th has confirmed that starting in September 2023, individuals who have pre-settled status under the EU Settlement Scheme (EUSS) will have their status extended for an additional two years before expiration unless they obtain settled status.

The Immigration Rules are being amended to take into account a court verdict from last year which declared that the European Union Settlement Scheme violates the agreement between the UK and the EU that had been established in the Withdrawal plan as it necessitates that those already in possession of pre-settled status must apply for settled status so that they can be lawfully living in the UK.

It has been over two years since the end of the European Union Settlement Scheme (EUSS) application period on June 30, 2021; however, there are still some cases in which individuals may be allowed to apply after the deadline.

What is the EU Settlement Scheme?

The EU Settlement Scheme began in March 2019 to assist Europeans in reaffirming their right to continue living and working in the UK after Brexit by ensuring their residency status.

This initiative allows EU, EEA, and Swiss citizens residing in the UK to secure either permanent or temporary residency, along with their families and family members of certain British citizens who may be returning with them from the EEA or Switzerland, by the conclusion of the transition period on December 31, 2020.

By March 31, 2023, an estimated 5.6 million Europeans alongside their families obtained their rights in the United Kingdom through the European Union Settlement Scheme, with an estimated 2.1 million having pre-settled status and approximately 3.5 million holding settled status.

What changes are being introduced?

Starting in September 2023, people with pre-existing status will have their authorization period automatically prolonged for two years, as long as they have not been able to gain settled status.

The Home Office will take care of the process and this will be shown on the individual’s online record. They will be told about their extension without delay to guarantee that no one is left without immigration status should they decide not to switch from pre-settled to settled status.

The Home Office plans to transfer those with pre-settled status to settled status upon meeting the requirements without necessitating an application. As of 2024, verification of continuous residence in the UK will be processed automatically. Checks will be implemented to make sure that settlement status is not improperly given.

The Home Office has developed a set of provisions to present to Parliament to preserve the validity of the European Union Settlement Scheme and guard it from any fraudulent or illegal use. Those measures encompass alterations concerning how reasonable criteria for delayed applications for the scheme are examined.

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