UK Automatically Extends 'Pre-Settled' Status for Europeans

The UK has decided to automatically extend the ‘pre-settled’ status of European nationals by a further two years following a landmark ruling by the High Court of Justice in London. The court had ruled the system for transitioning between ‘pre-settled’ and ‘settled’ status as “illegal” and in breach of the Withdrawal Agreement negotiated with the European Union.

High Court Ruling

The High Court ruled that it is unlawful to revoke a person’s right to reside in the UK simply because they did not apply to switch from ‘pre-settled’ to ‘settled’ status. In response, the UK government has announced this major policy shift to protect the rights of EU citizens living in the country.

Delays in Processing Applications

This extension also addresses delays in processing applications under the EU Settlement Scheme, which have been exacerbated by a slow and challenging digitalisation process. According to the latest figures from the Home Office (as of 31 March 2023), approximately 5.6 million EU citizens and their family members had secured status under the scheme. Of those, around 2.1 million hold ‘pre-settled’ status and 3.5 million have ‘settled’ status.

Automatic Upgrade to Permanent Residence in 2024

To simplify procedures and support EU nationals in maintaining their residence in the UK, the government has confirmed that starting in 2024, the upgrade from temporary to permanent residence will be automatic — provided eligibility criteria are met. One key requirement relates to physical presence: individuals must not have been absent from the UK for more than six months in any 12-month period while holding ‘pre-settled’ status to qualify for automatic conversion.

Notifications to Be Issued in Coming Months

Affected individuals will be notified of the two-year extension by UK authorities within the next three months. This ensures they can transition seamlessly from a pre-permanent resident status to full settled status.

The Role of the Independent Monitoring Authority (IMA)

• The IMA brought the case to the High Court of Justice in London to challenge the unlawful transition system and defend the rights of EU citizens in the UK.

• As an independent body, the IMA plays a crucial role in upholding the rights of EU nationals living in the UK.

• Its legal action directly led to the decision to automatically extend the ‘pre-settled’ status by two years.