EUSS scheme and EUSS Family Permit immigration permissions are a separate set of rules that has its own unique complexities.
In January 2025 Home Office published a factsheet informing of the automated upgrade to settled status. From early 2025, the Home Office is to introduce a new process to automatically convert eligible pre-settled status holders to settled status without the need for them to make a further EUSS application.
Settled status under EU Settlement Scheme gives permanent right to reside in the UK. EEA nationals and their family member(s) who lived in the UK for a continuous period of five years with EU Settlement Scheme status are able to apply for settled status (Indefinite Leave to Remain – ILR) under the EU Settlement Scheme.
Automated upgrade from pre-settled to settled status
The Home Office will undertake automated checks of pre-settled status holders against government-held information, for example in respect of their ongoing continuous residence in the UK. This reflects the assessment undertaken when the person first applied to the EUSS and will ensure their eligibility for settled status before it is granted.
This process will see pre-settled status holders who are approaching the expiry of their status informed by email that their case may soon be considered for conversion to settled status. Pre-settled status holders will not need to take any action and we will inform them if we are unable to convert them to settled status.
The rollout of the automated upgrade will be phased, and later in 2025, the Home Office will expand the process to enable more eligible pre-settled status holders to be converted to settled status without them needing to make an application for it.
What about those who no longer meet the EUSS conditions
Home Office is also considering the appropriate next steps for cases where a pre-settled status holder has ceased to meet the conditions of their pre-settled status by not maintaining their continuous residence in the UK and they will provide further information in due course.
To be eligible for settled status (‘Indefinite Leave to Remain’ – ILR), the applicants need to evidence residence in the UK for a continuous five-year period (i.e. presence in the UK).
Completing a continuous qualifying period of residence generally means that the applicant has not been absent from the UK and Islands (or, where applicable, the UK) for more than 6 months in total (in a single period of absence or more than one) in any given 12-month period, throughout the period of residence relied upon by the applicant for Settled Status application.
There are some exceptions when despite the longer absence the continuous residence may not be broken:
- a single period of absence of more than 6 months but which does not exceed 12 months is permitted, where this is for an important reason, such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting or because of COVID-19.
- In some specific circumstances when absence was longer than 12 months but was due to COVID-19, it may not break the continuous residence.
Cancellation of EUSS status
Where Home Office is considering the cancellation (formally called curtailment) of EUSS limited leave or EUSS family permit leave to enter, Home Office must be satisfied that it is justified and proportionate to curtail that leave and they must provide their reasons in the decision letter.
When considering curtailment on the basis that the person ceases to meet the requirements of Appendix EU, Home Office must assess whether the individual may otherwise meet the requirements of Appendix EU. For example, if considering curtailing a person’s pre-settled status following their divorce from a relevant EEA citizen, it will be necessary to consider whether they nevertheless continue to meet the criteria in Appendix EU, for example on the basis of retained rights (as per the Appendix EU definition of a ‘family member who has retained the right of residence’).
Right of appeal when EUSS status curtailment
Where a curtailment decision is taken in respect of EUSS limited leave, or EUSS family permit leave to enter, a right of appeal will be triggered. During the in time appeal procedure the appellant’s legal status is maintained in the UK.
What EUSS pre-settled status holder should do
EUSS status holders should update their digital status with their latest passport/national identity card information, and contact details, including their email address, using the ‘Update your UK Visas and Immigration account details’ service at www.gov.uk/update-uk-visas-immigration-account-details
EUSS pre-settled status holders should carefully consider their absences from the UK before applying for settled status. Should also consider obtaining legal advice and representation when preparing their settled status application.
